UNDERSTANDING FMLA at

Youngstown State University

Linda Moore, Human Capital Management AnalystDebby LaRocco, Manager Employee Benefits

April 9, 2014

What is FMLA? Family and Medical Leave Act of 1993

Federal law that requires employers to provide employees job-protected leave for qualified medical and family reasons

Purpose of the Law

Balance work and family life

Promote economic security of families and serve national interest in preserving family integrity

Employee Eligibility Worked at least 12 months

Worked at least 1,250 hours during the 12 months before leave begins

Qualifying Leave Reasons12 Workweeks of leave: Birth or placement of a child for adoption or

foster care To care for a spouse, son, daughter, or

parent with a serious health condition For the employee’s own serious health

condition Because of a qualifying exigency arising out

of active duty status of a covered military member who is the spouse, son, daughter, or parent

Qualifying Leave Reasons

26 Workweeks of leave:To care for a “covered servicemember” with a serious injury or health condition

Servicemember is a member of the Armed Forces including national Guard or Reserves

Eligible to care for spouse, son, daughter, parent, or “next of kin”. Next of kin can be other family member including brother, sister, grandparent, etc.

DefinitionsSerious Health Condition: Illness, injury, impairment, or physical or mental condition involving:

Inpatient care Overnight stay in a hospital or other facility Any related incapacity or follow-up treatment

Continuing treatment by a health care provider Incapacity plus treatment, chronic conditions, pregnancy, permanent/long-term conditions, absence for multiple treatments

Definitions

Qualifying Exigency: arises out of the fact the employee’s spouse, son,daughter, or parent is a military membercalled to active duty

Allows time to prepare for duty – childcare and school activities, military events and activities, etc.

Definitions

Care of a Covered Servicemember: to care for a “covered servicemember” with a “serious injury or illness. “(26 weeks)

Incurred in line of active duty rendering member medically unfit

Covers spouse, son, daughter, parent, or next of kin.

Allows time to prepare for duty – childcare and school activities, military events and activities, etc.

Amount of Leave Employee’s workweek is basis for

entitlement

Leave may be taken intermittently or on a reduced leave schedule shortest increment of leave is one hour

Intermittent/Reduced LeaveEmployee is entitled to take intermittent leave for:

Employee’s or qualifying family member’s serious health condition when medically necessary

Covered servicemember’s serious injury or illness is medically necessary

Qualifying exigency due to call to active duty status.

Substitution of Paid LeaveLeave may be paid if using accrued leave such as sick or vacation hours.YSU requires paid leave to run concurrently with FMLA

If FMLA (12 weeks) is exhausted and employee has more paid leave available, employee can remain off work as long as leave situation is still necessary.

Leave Codes (Biweekly Timesheets)

FMS* – Family Medical Leave using Sick hours

FMV* – Family Medical Leave using Vacation hours

FMP – Family Medical Leave using Personal hours

FMU – Family Medical Leave using Unpaid hours

* Leave Codes also used in semi-monthly Leave Reporting

Recording Time - WTETime Sheet

Employer Responsibilities Provide a general notice – poster outside HR

and other public areas, contracts, employee handbook, distributed to new employees

Provide notice of eligibility within 5 days of receipt of request

Provide reason if employee is not eligible

Employer Responsibilities Maintain employee’s group health benefits

throughout the 12 weeks on the same terms and conditions as if the employee were continuously employed (same rates as actively employed)

Restore employee to same or equivalent job (pay, benefits, and terms and conditions)

Employee ResponsibilitiesProvide sufficient and timely notice of the need for leave

30 days or as soon as practicableProvide medical certification to support need for leave

Submit within 15 daysProvide periodic status reports if needed

Notify employer about status and intent to return to workProvide fitness for duty certification if needed

Employer may require certification that employee is physically and mentally ready to return to his/her job

FMLA Process at YSUAction Timing

Employee – Request Leave from HR Within 30 days of leave or as soon as practicable

Employer - HR will send you Notice of Eligibility and Rights Medical Certification Rights and Responsibilities Notice Calendar tracking (if needed)

Within 5 days of having enough information to determine if leave is FMLA-qualifying

Employee - Return completed Medical Certification or notice of deployment in case of exigency

Within 15 days

FMLA Process at YSU

Action Timing

Employee - Follow up with HR if leave dates change

As soon as event occurs

Employee – Notify HR when returning to work or if extension is required

Within a week of return

Employer – Will work with employee to determine other leave options if required or next steps if disability benefits are an option

QuestionsLinda Moore at ext. 2137

or Debby LaRocco at ext. 1322

Each union contract may provide other leaves in addition to FMLA and each department may manage absences differently based on work load and other situations. FMLA is a federal law and the basic explanations provided are consistent throughout

the University. Unique situations do arise and should be discussed with HR and the supervisor.