Attachment_A_AR_2.143_–_Family_and_Medical_Leave.pdf

ADMINISTRATIVE REGULATION

A.R. NUMBER

2.143 Revised

FUNCTION

Human Resources and Payroll Page 1 of 11 SUBJECT

FAMILY AND MEDICAL LEAVE

EFFECTIVE DATE

January 1, 2018

REVIEW DATE

December 22, 2017

Summary of Changes This Administrative Regulation was last revised in November 2016. This current revision reflects City Council approved changes to Personnel Rule 15 by simplifying the codes used for leave and allowing employees to use Vacation Leave With Pay (vacation) or Sick Leave With Pay (sick leave) for approved Family and Medical Leave Act (FMLA) absences.

I. PURPOSE

This Administrative Regulation describes the provisions of the Family and Medical Leave Act (“FMLA”) as they relate to City employees, integrates FMLA leave with current City leave policies, and establishes guidelines for its use.

A. All leave requests for family and medical purposes, whether written or oral, formal or informal, must be evaluated by the City to determine whether the leave being sought potentially qualifies as FMLA leave. This is true regardless of whether the employee mentions the FMLA. If the reason for the leave request is not clear, the employee may be asked for clarification. Once the City is aware that the leave is being taken for a potential FMLA-qualifying reason, the City will notify the employee within five business days whether the employee meets the eligibility requirements for the FMLA, and that the leave is being provisionally designated as FMLA leave pending the receipt of confirming medical certification or other documents. For example, if an employee asks for five days of leave for surgery and recovery, the employee may be provisionally approved for FMLA leave.

This is because the reason for the leave and the number of leave days requested qualify for Family Medical Leave. The City may designate an employee’s qualifying medical leave as FMLA leave without the employee’s consent to such a designation where appropriate.

B. Once an employee is notified of his/her eligibility and provisional designation, the City’s third-party FMLA vendor will provide the employee a notice of “Your Rights & Responsibilities Under the Family & Medical Leave Act” and, if necessary, a blank Medical Certification form to be completed by the employee’s or his/her family member’s treating health care provider, and returned to the City’s FMLA vendor. Upon receipt of medical certification or other documentation that confirms the leave is for a FMLA-qualifying reason, the provisional designation becomes final. If the medical certification or other documentation fails to confirm that the leave qualified under the FMLA, the provisional designation may be rescinded.

A.R. 2.143 Revised Human Resources and Payroll

C. Taking FMLA leave cannot and will not be used as a negative factor in employment actions, such as performance evaluations, hiring, promotions, transfers, or as the basis for a disciplinary action (except that an employee’s failure to follow proper call-in procedures may be taken into account for disciplinary purposes).

D. No employee may be subjected to retaliation or discrimination in any manner as a result of exercising the employee’s rights under the FMLA. Any employee who retaliates or discriminates against another employee for exercising rights under the FMLA is subject to discipline up to and including termination.

E. The City uses a third-party vendor to administer the FMLA leave of City employees. The majority of the communications between the City and its employees on FMLA matters, including providing and accepting documents and leave requests, is handled by the FMLA vendor on the City’s behalf.

II. DEFINITIONS

A. Child - a biological, adopted, or foster, a stepchild, a legal ward, or a child of a person standing in place of a parent. The child must be under the age of 18 unless the child is “incapable of self-care because of a mental or physical disability” at the time the FMLA leave is to commence.

B. Immediate Family Member - an employee's mother, father, spouse (including an individual in a same-sex marriage or common law marriage that either (1) was entered into in a state that recognizes such marriages, or (2) if entered into outside of any state, is valid in the place where entered into and could have been entered into in at least one state), or child. This definition does not include an employee's brother, sister, or in-laws.

C. Incapacity - the inability to work, attend school, or perform other regular daily activities due to a serious health condition, treatment, or recovery.

D. Regimen of Continuing Treatment - a course of prescription medication or therapy requiring special equipment to solve or alleviate a health condition. A regimen of continuing treatment that includes taking over-the-counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment.

E. Serious Health Condition - an illness, impairment, injury, or physical or mental condition that involves inpatient care or the continuing treatment by a health care provider.

A serious health condition must fall under one of the five categories listed below:

1. Incapacity plus Treatment. A period of incapacity lasting more than three full consecutive calendar days that also involves treatment two or more times by a health care provider or treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment.

2. Pregnancy or Prenatal Care. Covers any period of incapacity due to pregnancy or prenatal care.

3. Chronic Condition Requiring Treatment. A condition that continues over an extended period of time and causes episodic periods of incapacity recurring due to a single underlying illness or injury. The condition requires periodic visits for treatment by a health care provider (or by a nurse or physician’s assistant under the direct supervision of a health care provider).

4. Permanent/Long-term Condition. A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of a health care provider.

5. Multiple Treatments. A period of absence to receive multiple medical treatments by a health care provider either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, including time for recovery.

Conditions for which cosmetic treatments are administered, such as treatments for acne or plastic surgery, are not “serious health conditions” under the FMLA unless inpatient hospital care is required or complications develop.

III. ELIGILIBITY AND ENTITLEMENT

A. To be eligible for leave under FMLA, an employee must:

• be employed by the City for at least 12 months (need not be continuous); and

• have worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.

A City employee returning from military duty will be given credit toward the 12-month service requirement for the number of days spent on such duty that would otherwise have been worked but for the period of absence. The number of hours the employee would have worked if not for the military leave will be counted toward the 1,250-hour requirement.

B. An eligible employee is entitled to a total of 12 weeks of leave per 12-month period (or

“Leave Year”) for one or more of the following:

• For the birth of a child and to care for the newborn;

• For the placement with the employee of a child for adoption or foster care;

• To care for the employee's immediate family member (spouse, child, or parent) with a serious health condition; or,

• Because of a serious health condition that makes the employee unable to perform the functions of the employee's job.

C. Under the City’s “rolling backward” leave year, the 12-month period is measured backward from the date an employee uses any FMLA leave. Under the “rolling” 12-month period, each time an employee takes FMLA leave, the remaining leave entitlement would be the balance of the 12 weeks that has not been used during the immediately preceding 12 months.

For example, if an employee has taken eight weeks of leave during the last 12 months, an additional four weeks of leave could be taken.

If an employee used four weeks beginning February 1, 2016, four weeks beginning June 1, 2016, and four weeks beginning October 1, 2016, the employee would not be entitled to any additional leave until February 1, 2017. However, beginning on February 1, 2017, the employee would again be eligible to take FMLA leave, recouping the right to take the leave in the same manner and amounts in which it was used the previous year. Thus, the employee would recoup (and be entitled to use) one additional day of FMLA leave each day for four weeks, commencing on February 1, 2017. The employee would not recoup or be entitled to use any additional leave until June 1, 2017, at which time they would again recoup and be entitled to use one additional day of FMLA leave each day for four weeks and would then recoup and be entitled to use an additional four weeks – on a day-by-day basis – beginning on October 1, 2017.

D. Military Family Leave. Eligible employees with a spouse, child, or parent on covered active duty or called to covered active duty status in the National Guard or Reserves or Regular Armed Forces in a foreign country, may use their 12-week leave entitlement to address certain qualifying exigencies (circumstances). Qualifying exigencies (circumstances) may include attending certain military events, arranging for childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, attending post-deployment reintegration briefings, and leave to care for a military member's parent who is incapable of self-care.

The FMLA also includes a special leave entitlement that permits eligible employees to take 26 weeks of leave to care for a covered service member or covered veteran during a single 12-month period. A covered service member is a current member of the Armed Forces, including the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty while on active duty or that existed before the beginning of the member's active duty and was aggravated in the line of duty, that may render the service member medically unfit to perform his/her duties and for which they are undergoing medical treatment, recuperation, or therapy; or is in outpatient status. A covered veteran is an individual who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness that was incurred or aggravated by the member in the line of duty on active duty in the Armed Forces prior to becoming a veteran.

If you have questions about either category of military leave, please contact the FMLA vendor.

E. Part-time or Job Share. If a part-time or job share employee meets the eligibility requirements, the employee is entitled to leave under the FMLA. The number of hours protected under the FMLA is calculated based on the average number of hours worked by the employee during the 12 months immediately prior to the beginning of the leave period.

IV. LEAVE REQUIREMENTS

A. Employees are expected to use approved leave appropriately and for the intended reasons.

B. Employees are required to use their sick and vacation leave accruals concurrently with FMLA leave. The use of such paid leave does not extend the length of the employee’s 12-week FMLA entitlement.

C. Employees may choose to use either FMLA – Sick or FMLA – Vacation while on FMLA leave. The employee must identify his/her choice in eCHRIS or communicate the choice to his/her supervisor to ensure that the appropriate leave is entered. The employee may not go into an unpaid leave status until all vacation and sick leave balances are exhausted.

Upon depletion of the Sick Leave balance, FMLA – Sick will auto-default to FMLA – Vacation.

Upon depletion of the Vacation balance, FMLA – Vacation will auto-default to FMLA – Sick.

If the employee is unable to notify his/her supervisor within 3 business days of which leave bank to use, the supervisor will assign the FMLA absence as FMLA – Sick in eCHRIS.

Within 14 calendar days after returning from the absence, the employee may request the leave bank be changed to FMLA – Vacation.

D. Employees may request to use accrued compensatory time while on FMLA leave after all other applicable paid leave banks have been exhausted. A request to use compensatory time must be submitted in writing to the employee’s department payroll clerk.

E. An employee on paid leave while on FMLA leave must adhere to the provisions of AR

2.30(A), City Leave Policy. If the need for FMLA leave is unforeseeable, the employee must follow required call-in procedures and immediately notify the FMLA vendor if it is possible and practical to do so.

F. Employees on FMLA leave for their own serious health condition may not engage in other work, such as an outside job, that involves the same or similar physical requirements and/or duties, recreational activities, or any other physical activity that is inconsistent with the health care provider’s restrictions set forth in the medical certification provided to the City.

Employees taking FMLA leave to care for a family member are not subject to these restrictions on outside work. An approved “Notice of Outside Employment” form must be on file in compliance with AR 2.62, Work Notices for Outside Employment, prior to commencement of any outside work. Approval of outside work may be revoked in the City’s sole discretion at any time with five days’ prior notice to the employee, or immediately if the City has a good faith belief that the FMLA process is being abused. An employee engaging in unapproved outside work while on FMLA leave may be subject to discipline.

G. If all applicable paid leave balances have been exhausted before the end of the FMLA leave period, the employee will automatically be placed on unpaid leave. The provisions of AR 2.144, Leave Contribution for Fellow Employees, are applicable in the case of a serious illness of an employee or the employee’s immediate family member.

H. If an employee exhausts his/her FMLA leave entitlement and additional leave is needed, the employee must comply with the terms of the City leave programs as described in AR 2.30(A) and Personnel Rule 15. If an employee requests a leave of absence beyond what is provided by the FMLA, the request is subject to the Human Resources Director’s and City Manager’s approval.

I. Entitlement to leave for a birth or placement of a child for adoption or foster care expires one year after the birth or placement, and the leave must be concluded within that year.

J. When the need for FMLA leave is foreseeable, such as a planned medical treatment, the request for leave must be submitted to the FMLA vendor at least 30 days before the date the leave is scheduled to begin. If foreseeable absences are scheduled with less than 30 days’ notice, notice of the absence must be provided no later than the time the appointment is scheduled. Untimely notice of foreseeable leave or untimely submission of a Medical Certification may result in postponement of the start of the leave. If the leave is unforeseeable, the request for leave must be submitted to the FMLA vendor as soon as practicable.

K. Employee leave paid as Workers’ Compensation will not run concurrent with FMLA leave.

V. GRANTING LEAVE

A. In accordance with the regulations prescribed by the Department of Labor, the employer is responsible for designating leave as Family Medical Leave for an employee when the employee is eligible and the reason for the leave qualifies under the FMLA. The regulations do not permit employees to designate their own leave, nor does it allow employees to “opt out” of Family Medical Leave if the regulation applies. This means that the City may designate an employee’s leave as FMLA leave without the employee’s consent to such a designation where appropriate.

B. FMLA leave will not be denied based on the form or procedure used for making the request so long as the request sets forth a FMLA-qualifying reason and the approximate timing and duration of the leave, and is confirmed through medical or other certification, if necessary.

Appropriate medical certification completed by the employee’s or family member’s health care provider will be required when leave has been requested for medical reasons. Medical certification is not usually required in cases of pregnancy unless leave is required prior to the due date, excluding leave for prenatal doctor visits. If an employee requires leave for the placement of a child for adoption or foster care, documentation may be required. If an employee requires leave due to Military Family Leave, additional documentation may be required.

C. The Medical Certification form must be submitted before the leave begins or within 15 calendar days of the leave request, whichever is later. Failure to provide the City’s FMLA vendor with a completed Medical Certification form in a timely manner may delay the start of or the continuation of the FMLA leave. If the employee fails to provide the Medical Certification form, the absences may not qualify for protection under the FMLA, and may be counted as unauthorized absences under the City’s attendance policy.

D. If the City’s FMLA vendor has reason to doubt the validity of the Medical Certification form or other medical documentation provided by the employee, it may require the employee to visit, at the City’s expense, a second health care provider of the City’s choice to obtain a second opinion. If the first and second opinions differ, the City may require, at its expense, a third opinion which is final and binding. Employees who refuse to submit to a second or third opinion examination will have their leave request denied.

E. When appropriate, leave may be designated as FMLA leave without the City receiving a

Medical Certification form.

F. Eligibility will be determined at the time of request by the City’s FMLA vendor.

G. If an employee has been denied FMLA leave and the employee believes the denial is inappropriate, the employee may contact the City’s FMLA vendor for an appeal.

VI. SUPERVISOR RESPONSIBILITIES

A. Read this AR in conjunction with AR 2.30(A), City Leave Policy, to ensure compliance with

City leave regulations. Questions regarding this AR should be directed to the Human Resources Department at (602) 495-5700 or via email to FMLA@phoenix.gov.

B. Speak with the employee regarding the employee’s need for leave when the employee calls in to report an absence (other than a pending or approved FMLA absence). It is appropriate to confirm the employee’s request to utilize FMLA leave during this conversation.

C. Refer an employee to the FMLA vendor when the employee has described a serious health condition or that of an immediate family member that may qualify for FMLA leave.

D. Check email for notification from the City’s FMLA vendor that an employee has reported an FMLA absence prior to contacting an employee who is not present at the beginning of his/her shift.

E. Forward emails received from the FMLA vendor to a designated individual or email account any time the supervisor has a planned absence from work for an entire day or any part of the shift.

F. Report an FMLA absence on an employee’s behalf to the FMLA vendor when the employee is unable to report his/her own FMLA absence.

G. Ensure that FMLA leave is processed in eCHRIS as selected from the appropriate leave bank chosen by the employee.

H. Ensure that the FMLA vendor has received “return to work” documentation stating the employee has been cleared for work upon his/her return, such as fitness-for-duty certification (medical provider’s note) when an employee returns to work from a continuous absence of more than 12 work days for his/her own serious medical condition. Supervisors may not allow employees to return to work without confirming receipt of documentation reflecting the health care provider’s clearance to return the employee back to work.

I. Regard an employee’s FMLA leave information as confidential and only make it available to others on a need-to-know basis for business reasons. Records and documents related to FMLA leave must be kept in files separate from other personnel records.

VII. EMPLOYEE RESPONSIBILITIES

A. Adhere to provisions of AR 2.30(A), City Leave Policy, when receiving paid leave. Failure to comply may result in the denial of paid leave and disciplinary action, but will not result in the denial of any rights guaranteed under the FMLA. Questions regarding this AR should be directed to the Human Resources Department, at (602) 495-5700 or via email to FMLA@phoenix.gov. Questions regarding FMLA leave should be directed to the FMLA vendor.

B. Notify the FMLA vendor at least 30 days in advance if your leave is foreseeable regarding your need to take FMLA leave. When 30 days’ notice is not possible, provide notice as soon as practicable.

C. When you need FMLA leave, submit a Medical Certification form, completed by your healthcare provider, to the FMLA vendor that establishes a FMLA-qualifying condition and describes the frequency and duration of the leave that the health care provider certifies. The Medical Certification form must be submitted before the leave begins or within 15 calendar days of the leave request, whichever is later.

D. Make the City’s FMLA vendor your first point of contact for your FMLA absences (in lieu of notifying your supervisor). Failure to contact the FMLA vendor to request leave for your FMLA absences may result in the delay or denial of FMLA leave. For operational purposes, follow any other notification or call-in procedures for your work unit each time you are going to be absent for FMLA reasons, including unexpectedly leaving your shift early. Failure to comply with these work unit notification or call-in procedures may result in disciplinary action, but will not result in the denial of any rights guaranteed under the FMLA.

E. Employees now have the ability to select whether to use FMLA leave from the available Sick or Vacation banks, regardless of whether the care is for the employee or care for a qualifying family member.

mailto:FMLA@phoenix.gov

F. Select either FMLA – Sick or FMLA – Vacation for your FMLA leave. If unable to do so, notify your supervisor which leave bank (Sick or Vacation) to use for your FMLA leave and ensure that your supervisor selected the appropriate leave bank in eCHRIS.

G. Provide a fitness-for-duty certification (issued by the City’s FMLA vendor) completed by your

Health Care Provider to the City’s FMLA vendor prior to your return to work from a continuous absence of more than 12 work days for your own serious health condition.

H. Refer to “Your Rights & Responsibilities under the Family & Medical Leave Act” and “Your

Next Steps” documents provided by the City’s FMLA vendor for more detail.

VIII. CONTINUATION OF BENEFITS

A. Paid Leave - when an employee is using paid FMLA leave, current medical, pharmacy, dental, and life insurance coverage is maintained and premiums continue to be deducted at the same rate as if the employee was actively at work. Contributions to pension, 401(a) and 457 plans, and Flexible Spending Account continue. Sick leave and vacation accumulation continues.

B. Unpaid Leave - when an employee is on unpaid FMLA leave, current medical, pharmacy, dental, and life insurance coverage is maintained as long as the employee pays his/her portion of the premiums to the City’s Benefits Office each month. Premium payment is due on the first day of each month for that month’s coverage. The City’s obligation to continue the employee’s medical, pharmacy, dental, and life insurance coverage ends when an employee on unpaid leave is more than 30 days late in making his/her premium payment. Written notice is sent to the employee 15 days prior to cancellation of coverage. Please contact Human Resources - Benefits at (602) 262-4777 if you have any questions regarding benefits or payment for benefits.

C. If, while on an unpaid leave of absence, an employee’s benefits coverage ends as a result of late payment, non-payment, or a decision to waive coverage, it is the employee’s responsibility to contact Human Resources - Benefits within 31 days of his/her return to work date in order to reinstate coverage. Coverage reinstatement is effective as of the date on which the employee returned to work.

IX. RETURN TO WORK

A. If an employee is able to return to work earlier than the original anticipated date, the employee must notify the City’s FMLA vendor as soon as practicable.

B. Upon returning to work after a continuous absence of more than 12 working days due to an employee’s own serious health condition or the birth of a child, an employee must provide a Fitness-for-Duty certification (provided by the City’s FMLA vendor) completed by his/her health care provider to the City’s FMLA vendor. The City’s expectation is that the Fitness for Duty certification will be completed by the same healthcare provider that completed the original FMLA certification. If the Fitness-for-Duty certification is unclear or otherwise insufficient, the City’s FMLA vendor or the HR Department may request clarification or additional documentation prior to allowing the employee to return to work.

C. Upon returning to work from FMLA leave, an employee will be restored to the same position held before the leave began or an alternative position with equivalent pay, benefits, and other terms and conditions of employment.

X. ADDITIONAL GUIDELINES

A. Intermittent leave or leave on a reduced schedule may be taken for the birth or placement of a child; when it is medically necessary for the care of an immediate family member; or for the employee's own serious health condition. Intermittent leave for birth or placement of a child will be approved on a case-by-case basis. If approved, intermittent leave can be taken at intervals of less than a day (but no less than 15 minutes), day(s), or week(s) off at a time based on the employee's needs. In accordance with federal regulations, exempt employees’ sick and vacation leave banks will be reduced for FMLA leave taken on an intermittent (hour for hour) basis without affecting their Fair Labor Standards Act (FLSA) exempt status.

B. A reduced leave schedule is a schedule that reduces the number of work hours per day or per week. Employees requesting intermittent leave or a reduced leave schedule must attempt to schedule their leave so as not to disrupt City operations. If an employee requests intermittent leave, the City may require the employee to temporarily transfer to an alternate position with equivalent pay and benefits while on intermittent leave or on a reduced leave schedule.

C. In general, the City may not request recertification more frequently than every 30 days and only in conjunction with an absence. If an original certification indicates the minimum duration of the serious health condition is more than 30 days, the City must generally wait until the minimum duration expires before requesting recertification. However, in all cases, including those where the condition is of an indefinite duration, the City may request recertification for absences every six months. Recertification may be requested in less than 30 days only if the employee requests an extension of the leave, circumstances in the original certification change significantly, the frequency and duration of requested leave materially exceeds the medical certification on file, or the City receives information that casts doubt upon the continuing validity of the certification. Requests for recertification will be made on the City’s behalf by the City’s FMLA vendor.

D. Married couples who are both employed by the City will be given 12 weeks of leave each for the care of a sick child or for the birth or placement of a child or 26 weeks of leave each for the care of a covered service member or veteran (Military Caregiver Leave.)

E. A holiday will only be counted as FMLA leave if the employee is absent for the entire workweek or the employee would otherwise be expected to work the holiday.

F. Employees are prohibited from misrepresentation of his/her need for leave or identifying absences as FMLA leave for conditions or reasons not covered by their Medical Certification form or other paperwork submitted in support of their FMLA leave certifications. Such abuse is subject to discipline up to and including termination.

G. The “Employee Rights Under the Family and Medical Leave Act” poster is attached to this AR for reference.

Payroll

XI. QUESTIONS

Questions regarding this AR should be directed to the Human Resources Department at 602-495-5700 or via email to FMLA@phoenix.gov. Questions regarding your FMLA leave should be directed to the FMLA vendor.

ED ZUERCHER, City Manager

By: ______________________________ Toni Maccarone Acting Deputy City Manager mailto:FMLA@phoenix.gov 036763 Toni Long

EMPLOYEE RIGHTS

UNDER THE FAMILY AND MEDICAL LEAVE ACT

Eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the following reasons:

child, or parent.

An eligible employee who is a covered servicemember’s spouse, child, parent, or next of kin may also take up to 26 weeks of FMLA leave in a single 12-month period to care for the servicemember with a serious injury or illness.

An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule.

Employees may choose, or an employer may require, use of accrued paid leave while taking FMLA leave. If an employee substitutes accrued paid leave for FMLA leave, the employee must comply with the employer’s normal paid leave policies.

While employees are on FMLA leave, employers must continue health insurance coverage as if the employees were not on leave.

Upon return from FMLA leave, most employees must be restored to the same job or one nearly identical to it with equivalent pay, benefits, and other employment terms and conditions.

An employer may not interfere with an individual’s FMLA rights or retaliate against someone for using or trying to use FMLA leave, opposing any practice made unlawful by the FMLA, or being involved in any proceeding under or related to the FMLA.

An employee who works for a covered employer must meet three criteria in order to be eligible for FMLA leave. The employee must:

*Special “hours of service” requirements apply to airline flight crew employees.

Generally, employees must give 30-days’ advance notice of the need for FMLA leave. If it is not possible to give 30-days’ notice, an employee must notify the employer as soon as possible and, generally, follow the employer’s usual procedures.

Employees do not have to share a medical diagnosis, but must provide enough information to the employer so it can determine if the leave qualifies for FMLA protection. Sufficient information could include informing an employer that the employee is or will be unable to perform his or her job functions, that a family member cannot perform daily activities, or that hospitalization or continuing medical treatment is necessary. Employees must inform the employer if the need for leave is for a reason for which FMLA leave was previously taken or certified.

Employers can require a certification or periodic recertification supporting the need for leave. If the employer determines that the certification is incomplete, it must provide a written notice indicating what additional information is required.

Once an employer becomes aware that an employee’s need for leave is for a reason that may qualify under the FMLA, the employer must notify the employee if he or she is eligible for FMLA leave and, if eligible, must also provide a notice of rights and responsibilities under the FMLA. If the employee is not eligible, the employer must provide a reason for ineligibility.

Employers must notify its employees if leave will be designated as FMLA leave, and if so, how much leave will be designated as FMLA leave.

Employees may file a complaint with the U.S. Department of Labor, Wage and Hour Division, or may bring a private lawsuit against an employer.

The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights.

LEAVE

ENTITLEMENTS

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PROTECTIONS

ELIGIBILITY

REQUIREMENTS

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For additional information or to file a complaint:

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U.S. Department of Labor Wage and Hour Division

THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION

WH1420 REV 04/16

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