FAMILY & MEDICAL
(FMLA)
Departmen
HR Progra
Date: Apri
L LEAVE ACT
nt of State Civil Service
am Assistance Division
225‐342‐8274
il 6 and April 11, 2011
1
FAMILY & MEDICAL
INTRODUCTION
PURPOSE
The purpose of this presentati
the tools and resources availab
the FMLA in Louisiana state ag
LEAVE ACT (FMLA)
ion is to provide information on
ble to help with management of
gencies.
2
FAMILY & MEDICAL
GOALS
What we hope to accomp
Inform on some key componen
and resources to use to help m
Provide guidance on steps tha
agencies to manage and curb a
L LEAVE ACT (FMLA)
plish…..
nts of the FMLA as well as tools
manage the FMLA
at can be taken in Louisiana state
abuse of FMLA
3
FAMILY & MEDICAL
Key Components i
The Family and Medical Leave
1993 for the purpose of helpin
work and family life by taking r
family and medical reasons.
The Act entitles eligible
of 12 workweeks of unp
period (26 workweeks o
single 12‐month period
FMLA Regulations conta
Regulations Title 29 CFR
L LEAVE ACT (FMLA)
in the Regulations
e Act was established August 5,
ng employees balance their
reasonable leave for certain
e employees to take up to a total
paid leave during any 12 month
of military caregiver leave in a
d) for certain qualifying events.
ained in Code of Federal
R Part 825.
4
FAMILY & MEDICAL
Key Components i
Who is covered by the F
Public agencies are covere
state and local governme
colleges & universities)
The 50‐employee thresho
agencies
One state is considered on
employer!
L LEAVE ACT (FMLA)
in the Regulations
FMLA?
ed employers; includes federal,
ent (including state schools and
old does not apply for public
ne employer – State of LA is one
5
FAMILY & MEDICAL
Key Components i
What are the requireme
Employees must meet the
Must have a qualifying con
Employers must provide n
Employees must provide c
provider
L LEAVE ACT (FMLA)
in the Regulations
ents for FMLA?
e eligibility requirements
ndition
notifications to employees
certifications from a health care
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FAMILY & MEDICAL
Key Components i
Eligibility for FMLA:
Must have been employe
months. The State of LA is
Must have physically wo
during the 12‐month perio
12 months need not be con
L LEAVE ACT (FMLA)
in the Regulations
ed by the state for at least 12
considered is one employer.
orked for at least 1,250 hours
od before beginning FMLA.
nsecutive months.
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FAMILY & MEDICAL
Key Components i
Qualifying Reasons for F
Birth of and care of newbo
foster care,
To care for spouse, child or
condition”
One’s own “serious health
unable to perform the func
L LEAVE ACT (FMLA)
in the Regulations
FMLA:
orn or placement for adoption or
r parent with a “serious health
condition” that makes him
ctions of the employee’s job
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FAMILY & MEDICAL
Key Components i
Qualifying Reasons for FM
Military and military family mem
Qualifying exigency arising ou
covered military on active dut
Up to 26 workweeks in 12 mo
member with a serious health
There are 8 nonmedical quali
Military provisions can be fou
825.112
L LEAVE ACT (FMLA)
in the Regulations
MLA (continued):
mbers [new as of 2009]
ut of child, spouse or parent who is
ty
onth period to care for a service
h condition
ifying exigencies
und in detail in Title 29 CFR Part
9
FAMILY & MEDICAL
Key Components i
KNOW THESE DEFINITION
Serious Health Condition is an ill
physical or mental condition that
or continuing treatment by a hea
2009 amendment provides clarific
as a serious health condition. The
Title 29 CFR Part 825.115, #1 and
Article in HR News Magazine by th
Association for Human Resources
2009 Amendments to the FMLA” b
L LEAVE ACT (FMLA)
in the Regulations
NS….
lness, injury, impairment or
t involves inpatient care as defined
alth care provider as defined.
cation on what types of ailments qualify
e amended language can be found in
#3.
he International Public Management
called “Understanding and Utilizing the
by Mark Meyerhoff and Lauren Liebes.
10
FAMILY & MEDICAL
Key Components i
Serious Health Condition changes in 20
• Old version – Serious health conditio
“continuing treatment” for more tha
employee or family member treated
The regulations did not require a tim
• New version – “Continuing Treatmen
more than 3 consecutive, full days a
within the first 30 days of incapacity
First medical visit must take place w
incapacity.
• No timeline in regulations prior to 2
L LEAVE Act (FMLA)
in the Regulations
009 Amendments:
on was an ailment that required
an 3 consecutive calendar days if
d 2+ times by a health care provider.
me for treatment to occur.
nt” requires a period of incapacity of
and 2 visits to a health care provider
y, absent extenuating circumstances.
within 7 days of the first day of
2009 changes.
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FAMILY & MEDICAL
Key Components i
Definitions….other terms u
entitlement are:
Incapacity means inability to wor
regular daily activities due to the
treatment, or recovery.
Treatment includes examinations
condition exists and evaluations o
Definitions and specific examples ar
regulations found in Title 29 CFR Par
L LEAVE ACT (FMLA)
in the Regulations
used to determine
rk, attend school or perform other
e serious health condition,
s to determine if a serious health
of the condition.
re contained in the FMLA
rt 825.113.
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FAMILY & MEDICAL
Key Components i
2 major components of Seri
Inpatient Care and Continui
Inpatient care means an o
hospice, or residential medica
period of incapacity as defined
in connection with inpatient ca
L LEAVE ACT (FMLA)
in the Regulations
ious Health Condition:
ing Treatment
overnight stay in a hospital,
al care facility, including any
d or any subsequent treatment
are.
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FAMILY & MEDICAL
Key Components i
Continuing Treatment:
As shown in slides 10, 11 and 12,
A period of incapacity of mo
calendar days and any subse
incapacity relating to the sam
Treatment 2 or more times w
incapacity and first treatmen
Continuing treatment can also mean,
Treatment by a health care p
which results in a regimen o
L LEAVE ACT (FMLA)
in the Regulations
ore than three (3) consecutive, full
equent treatment or period of
me condition;
within 30 days of the first day of
nt….
provider on at least one occasion
of continuing treatment….
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FAMILY & MEDICAL
Key Components i
Continuing Treatment….
Pregnancy or prenatal care;
Chronic serious health condit
extended period of time; requ
provider, and may involve occ
asthma, epilepsy, MS, kidney
etc.)
Permanent or long‐term cond
be effective (e.g., Alzheimer’s
L LEAVE ACT (FMLA)
in the Regulations
.
tions which continues over an
uires periodic visits to a health care
casional episodes of incapacity (e.g.
disease, heart condition, diabetes,
dition for which treatment may not
s, stroke, terminal cancer);
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FAMILY & MEDICAL
Key Components i
Continuing Treatment….
Conditions requiring multiple
surgery after an accident or in
such as cancer (chemotherap
(physical therapy) or kidney d
Absences attributable to inca
last more than three consecu
employee with asthma may b
the onset of an asthma attack
L LEAVE ACT (FMLA)
in the Regulations
.
e treatments, e.g. restorative
njury, or absences for treatment
py, radiation, etc.), severe arthritis
disease (dialysis);
apacity even if the absence does not
utive, full calendar days, e.g. an
be unable to report for work due to
k.
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FAMILY & MEDICAL
FMLA – Often confused as anoth
FMLA is an entitlement period a
FMLA regulations provide for
leave for absences that are FMLA
FMLA regulations also provide fo
substitute for the unpaid leave pe
2010 amendment to the FMLA a
accrued compensatory time (1.5K
L LEAVE ACT (FMLA)
her type of leave?
and not a leave type.
employees to be granted unpaid
A qualifying events.
or employers to allow paid leave to
eriod.
allows employees to request use of
K) concurrently with the FMLA.
17
FAMILY & MEDICAL
General Circular #1126 dated
provides information and sal
Louisiana state employees. T
such as the few examples show
LA state employees are re
FMLA entitlement periods
Sick leave can only be use
may not be used for taking
L LEAVE ACT (FMLA)
October 8, 1993 – resource that
lient points regarding FMLA for
These points are still applicable
wn below:
equired to use paid leave during
(sick , annual and comp time).
ed for the employee’s illness and
g care of a family member.
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FAMILY AND MEDICA
The items discussed up to this po
FMLA regulations and help emplo
entitlement to FMLA. Specific de
CFR Part 825.
The following information is rela
and curbing abuse of FMLA.
AL LEAVE ACT (FMLA)
oint are key components in the
oyers determine eligibility and
etails are contained in Title 29
ative to managing the FMLA
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FAMILY AND MEDICA
Other 2009 amendments t
• Employers are obligated to ensur
their FMLA rights.
• Employers have additional time t
eligible for FMLA leave. The emp
instead of 2 business days.
• Employees are required to comp
for reporting absences, absent ex
• Employees are required to notify
may qualify for FMLA and burden
AL LEAVE ACT (FMLA)
to the FMLA:
re employees are fully informed of
to evaluate whether an employee is
ployer now has 5 business days
ply with normal “call‐in” procedures
xtenuating circumstances.
y employers that requested leave
n is on the employee.
20
FAMILY & MEDICAL
Areas of Most Common
FMLA use for stress
Intermittent (or reduce
L LEAVE ACT (FMLA)
Abuse of the FMLA
ed schedule) Leave
21
FAMILY AND MEDICA
–Stress
• Stress in and of itself is no
unless it meets the defini
• The same test must be ap
definition of serious healt
qualifying condition.
Example: Employees often cla
some, it’s so bad that they
week or so to cope. Tha
automatically entitled to us
write a note “prescribing” re
there’s some additional trea
counseling.
AL LEAVE ACT (FMLA)
ot an FMLA qualifying condition
ition of serious health condition.
pplied to determine if it meets the
th condition just as any other
aim their jobs stress them out. And for
feel they need to take off work for a
at doesn’t mean that employees are
se FMLA. Even if they get a doctor to
est, they don’t qualify for FMLA unless
atment ordered, such as medication or
22
FAMILY & MEDICAL
–Intermittent and Reduced Lea
• Intermittent leave is leave
due to a single FMLA qual
sessions, qualifying illness
medical treatment, etc.
• Intermittent or a reduced
medical necessity.
• Reduced leave schedule i
employee’s usual number
per workday, and changes
part‐time status.
L LEAVE ACT (FMLA)
ave Schedule
e taken in separate blocks of time
lifying reason, e.g. physical therapy
ses of an episodic nature, planned
d leave schedule must be for a
is a leave schedule that reduces an
r of working hours per workweek or
s the employee from a full‐time to a
23
FAMILY & MEDIC
–Intermittent leave (continu
•Intermittent leave can be for
•Foreseeable is when the leav
planned medical treatments.
•Unforeseeable is when the le
more episodic.
CAL LEAVE ACT (FMLA)
ued):
reseeable or unforeseeable
ve can be anticipated such as
eave is unanticipated and is
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FAMILY AND MEDICA
Intermittent Leave – 200
• Employees must make a reaso
attempt to schedule planned t
disruptions to the employer’s
• Regulations created a new “ph
for employees who work in po
take intermittent or reduced le
Example: flight attendant, lab
AL LEAVE ACT (FMLA)
09 amendments
onable effort and not just an
treatments so as to prevent
business.
hysical impossibility” exception
ositions where it is impossible to
eave during their shift.
b tech working in a sealed lab.
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