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									FMLA (Family Medical Leave Act)
         Top Ten Things
        You Need to Know
             Sharon McCann
          shmccann@indiana.edu
              November 14, 2007
#1- You need to know…
        the purpose of FMLA


• Allows employees to balance work
  & family life by taking time off
  without affecting their employment
• Provides up to 12 weeks per year
     • Starts anew each year
     • May be taken intermittently
#2 – You need to know…
          who is eligible for FMLA
• IU employee for at least 12 months
    (does not need to be consecutive)
• Worked minimum of 1,250 actual work
  hours in 12 month period prior to FMLA
    (excludes any type of paid leave not worked)
    • Check eligibility first
    • Hourly employees/past hourly service
#3 – You need to know…
         who starts the process

• An employer responsibility
• Applies to IU Professional staff,
  Support and Service staff and FMLA
  eligible Hourly employees
• Respond within two days of
  knowledge of employee need
#4 – You need to know…
          what’s covered/what’s not
• NOT normally covered
   ◦ Common colds, sore throats, flu
   ◦ Illness not causing time off work
• IS normally covered
   ◦ Things that lead to a SHC*
   ◦ Refer to definitions of SHC*
                   * Serious Health Condition
#5 - You need to know…
          what to share with the employee
Avoid the “why do I have to…”

 IU health care continuation
 Reinstatement rights
 Waives maximum leave usage
 FMLA protection
 NOT unpaid until leave accruals
 are depleted
#6 – You need to know…
           to review medical certification

• What to scrutinize
• When to approve/disapprove
• Not requested for births/child
  placements
• How to handle the questions
• Don’t call the care provider!
#7 – You need to know…
         what pitfalls to avoid

• Intermittent leave guidelines
   Foreseeable leave approvals
   Recertifications
• When to say/not say “enough”
• Avoidance of discipline?
#8 – You need to know…
         how to handle decreasing
         performance due to illness

• Don’t avoid FMLA by “enabling” and
  lessening duties

• Give the employee a chance to
  perform
#9 – You need to know…
         how to address poor
         performance during FMLA

• No discipline for taking FMLA

• Discipline for poor performance is
  possible during FMLA

• Be fair, reasonable and consistent
 #10 – You need to know…
           when to call for help
• Medical certification is suspicious
      • Second/third opinions
• When it “crosses over”
     • Corrective Action
     • Accommodation and ADA
     • Can no longer perform the duties
• Questions are welcome
• Other training available (LCS, processor, review)

								
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