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THE FAMILY MEDICAL LEAVE ACT (FMLA) - DL
Transcript of THE FAMILY MEDICAL LEAVE ACT (FMLA) - DL
- FMLA Procedure
- FMLA "Triggering" Events
- Do's & Don'ts Under FMLA
- Supervisor's Role and Responsibilities
5 Areas We Will Cover:
Q&A session at the end
A quick overview of the
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Employees have a right under the FMLA for up to 12 weeks of unpaid leave in a 12-month period. The 12-month period calculated is based on the the City of Houston’s (COH) Benefit Year (September 1 thru August 31st). COH requires use of accrued paid leave while taking FMLA leave.
Basic Leave Entitlement:
FMLA requires the City of Houston to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:
- For incapacity due to pregnancy, prenatal medical care or child birth;
- To care for the employee’s child after birth, or placement for adoption or foster care;
- To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or
- For a serious health condition that makes the employee unable to perform the employee’s job
FMLA Eligibility Requirements:
City of Houston employees are eligible if they have worked for the City of Houston for at least one year, and have physically worked 1,250 hours over the previous 12 months prior to the date of the proposed FMLA leave.
EMPLOYEE MAKES THE REQUEST
Employees requesting FMLA leave must provide verbal or written notice of the need to the supervisor. When the need for leave is foreseeable, the employee must provide at least 30 days notice. When the employee becomes aware of the need for FMLA leave less than 30 days in advance, the employee must provide notice of the need for the leave either the same day or next business day.
FMLA "TRIGGERING" EVENTS
A serious health condition is an illness, an injury, impairment, or physical or mental condition that involves either an overnight
stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.
What triggers an FMLA Leave qualifying event?
Employee is incapacitated for more than 3 full consecutive calendar days
Employee indicates he/she is being hospitalized (or a family member)
Employee indicates he/she needs to time off to tend to child, spouse, or parent with a serious health condition
Employee indicates he/she needs to spend time off due to their own serious health condition
FMLA "TRIGGERING" EVENTS (Continued)
Employee indicates he/she has a son, daughter, spouse, or parent who has sustained, or is recovering from, a serious illness or injury sustained in the line of duty while on active duty in the military, or otherwise has a family member who has been called to active duty status in support of a contingency military operation
Employee sustains/reports an on-the-job injury (HR Department Risk Managment will notify FMLA Coordinators of all injuries)
UNSURE ABOUT A PARTICULAR SITUATION?
Do's & Don'ts Under FMLA
Employers and their supervisory staff should steer clear of questions pertaining to the condition or specific reason someone is taking leave. It is not advisable to ask what is wrong with an employee, or what they are seeing their doctor for. These types of questions do not pertain to the employer’s operations and can increase legal risk for employers.
contact an employee while on FMLA leave
require a fitness-for-duty certification as a condition of restoring the employee whose need for leave was due to his or her own serious health condition
take ‘adverse action’ against employees who have taken FMLA leave
inform your employees of their responsibility to issue notice
say the wrong things when employees
request FMLA leave
utilize the "Notes" feature in Kronos
Supervisor's Role and Responsibilities
Supervisors are an important first step in the FMLA leave process. Specifically, supervisors will need to notify the department's FMLA Coordinator when an employee's absence "triggers" a potential need for FMLA leave
Once HR is notified of the FMLA request, it is then the responsibility of HR to initiate the FMLA application and determination process. Supervisors should not ask about or get involved in the medical issues of the employee
It's important that supervisors make sure their employees time card is coded correctly in Kronos and assure an employee is not utilizing more than 480 FML hours within the current benefit year. If you need to perform historical edits, contact the ARA - Payroll Dept. for assistance
It is the supervisors responsibility utilize the notes feature in kronos to make necessary notes. This will help to recall your memory in the event that the employees time is questioned or in case you need to testify in a legal case. When an employee calls in, you can ask non-medical questions about his/her leave
QUESTIONS & ANSWERS
Debra Lomax (832) 393-6538
Sergio Martinez (832) 393-7223
City of Houston - Human Resources Department
Sergio Martinez - Human Resources Department
CONTACT YOUR ASSIGNED
Debra Lomax (832) 393-6538
Human Resources provides the appropriate form to employees who may have a FMLA circumstance and handles all follow-up on medical certifications.
Once all forms are submited back to the FMLA coordinator, the employee and supervisor will
recieve FMLA notifications indicating if the case
has been approved or disapproved.
SUPERVISOR CONTACTS FMLA
After the employee has made the request, the supervisor will then contact the assigned FMLA coordinator in HR so he/she may prepare an FMLA Package.
Debra Lomax (832) 393-6538
Thank you for your time and participation!
FAMILY MEDICAL LEAVE ACT (FMLA)
Supervisors are to communicate with the FMLA coordinator if questions arise regarding FMLA leave. If you suspect an employee is abusing FMLA or see that an employees leave time is not consistent with his/her approval notification, contact their FMLA Coordinator for further instructions