FAMILY & MEDICAL
Managing FMLA and cur
1. Establish agency FMLA po
instructions and informat
2. Agency policy should cont
to that agency based on t
and functions.
L LEAVE ACT (FMLA)
rbing abuse:
olicy providing specific
tion; enforce.
tain procedures that are specific
the required business operations
26
FAMILY & MEDICAL
Managing FMLA and curb
Agency policy should contain
1126):
Notification procedures; e
supervisor to HR;
Certification forms, deadli
Statement of functions sh
for health care provider to
perform job functions;
Call in procedures (who to
absence, duration of the a
L LEAVE ACT (FMLA)
bing abuse:
(also refer to General Circular
employee to supervisor and
ines, additional information, etc.
hould be included with certification
o assess the employee’s ability to
o call, when to call, reason for the
absence, etc.);
27
FAMILY & MEDICAL
Managing FMLA and curbing
Agency policies should conta
Time and Attendance Pro
Intermittent leave proced
for FMLA absences;
Consequences for non‐co
Note: FMLA is not a “one‐size fits all”. Exam
24‐hour institution are very different than a M
L LEAVE ACT (FMLA)
g abuse:
ain (continued):
ocedures;
dures and parameters when using
ompliance;
mple: The needs of a correctional facility or
Monday – Friday, 8 hour office.
28
FAMILY & MEDICAL
Managing FMLA and cur
3. Don’t be afraid to
employees regarding
in order to determine
4. Review certifications
or insufficient, FMLA m
L LEAVE ACT (FMLA)
rbing abuse:
o engage in discussions with
FMLA. It’s okay to ask questions
e continuing business operations;
for completeness; if incomplete
may be denied;
29
FAMILY & MEDICAL
Managing FMLA and cur
5. Seek additional informatio
employee to obtain additi
6. HR can utilize option to co
when applicable;
7. Use options to seek 2nd an
8. Get fitness for duty certifi
L LEAVE ACT (FMLA)
rbing abuse:
on when necessary by requiring
ional information;
ontact medical providers directly
nd 3rd opinions, when necessary;
ications
30
FAMILY & MEDICAL
Managing FMLA and cur
9. Provide tracking tool for su
and patterns;
10. Manage foreseeable inter
Move employee to alternat
Move employee to a differe
Require planned treatment
disrupt operations (days off
etc.)
L LEAVE ACT (FMLA)
rbing abuse:
upervisors to monitor absences
rmittent leave;
tive position
ent shift
ts to be scheduled at times so as to not
ff, at the beginning or end of the day,
31
FAMILY & MEDICAL
Responsibilities for man
Manage FMLA using both FML
policy;
Agency administrators – estab
designate FMLA, support the p
Human Resources – know the
requirements, establish the pr
communicate to supervisors a
supervisors and employees to
L LEAVE ACT (FMLA)
naging FMLA:
LA regulations and agency
blish roles, delegate authority to
policy and enforce;
regulations, know the
rocess for notifications,
and employees, work with
o manage FMLA;
32
FAMILY & MEDICAL
Responsibilities for manag
Legal – know the FMLA regulat
and supervisors, support the a
court of law;
Supervisors – communicate wi
discussion in order to make acc
operations, etc. Inform Human
from HR and Legal when neede
Employees – adhere to policy;
supervisors.
L LEAVE ACT (FMLA)
ging FMLA:
tions, know the law, advise HR
agency’s policy and defend in
ith your employees. Engage in
curate decisions in continuing
n Resources and seek direction
ed;
communicate and inform
33
FAMILY & MEDICAL
Tools and Resources Ava
U.S. DOL website, FMLA reg
http://www.dol.gov/whd/fm
Use U.S. DOL recommended
omit any questions or vital
Consult with agency or cont
L LEAVE ACT (FMLA)
ailable:
gulations and FMLA Fact Sheets,
mla/.
d forms to ensure you don’t
information.
ntract attorneys for assistance.
34
FAMILY & MEDICAL
REMEMBER …..FMLA is th
COMMUNICATION is key
TIMING is vital to ensure
entitlements are adhered
CONSISTENCY in applicati
L LEAVE ACT (FMLA)
he law
between all parties
eligibilities and
d to
ion is required
35
FAMILY & MEDICAL
QUEST
L LEAVE ACT (FMLA)
TIONS?
36