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Family and Medical Leave Act - PowerPoint

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					Family & Medical Leave Act
   The FMLA requires employers to provide up
    to 12 weeks per year of unpaid Family and
    Medical Leave to eligible employees, and to
    restore those employees to the same or
    equivalent positions upon their return.
   Employee must be employed by the district
    for at least 12 months and 1250 hours during
    the previous 12 month period to be eligible
    for FMLA
12 Month Period
   The 12 month period shall be measured
    backward from the date an employee uses
    FMLA.
   Example: Employee begins absence for a
    serious illness on 3/1/03. The 12 month
    period for determining FMLA eligibility looks
    back to 3/1/02. If during this time an
    employee had already used 6 work weeks of
    FMLA, they would be eligible to use an
    additional 6 work weeks for the current
    incident.
Integrating FMLA With
District’s Leave Policies
   Runs concurrently with district leave policies,
    whenever applicable
   Local sick leave
   State sick leave
   State personal leave
   Sick leave bank
   Extended sick leave
   Workers’ compensation leave
Uses for FMLA
   Leave may be used for:
   Birth
   Adoption or placement of foster care of
    a child
   Care of a seriously ill child, spouse or
    parent
   Employee’s own serious illness
    Intermittent Leave for Child Care
   Shall not be permitted for the care of a
    newborn child or upon the adoption or
    placement of a child with the employee.
Forms Required for FMLA
For an absence of at least 7 consecutive
  calendar days (5 work days) an employee
  must complete:
 Long Term Absence Request Form (LTAR)

 Certification of Health Care Provider Form
  (CHCP)
Both forms are available on the Q: drive,
  Personnel folder, Forms folder.
Medical Certification Form
   Employee must provide medical
    certification of an illness or disability
    when applying for FMLA.
   Updated medical certification is required
    at 30 day intervals.
   Return to work requires medical
    certification of the employee’s ability to
    perform essential job functions.
When to Collect Forms
 Prior to the beginning of the leave, if it
  is a planned leave.
 Within a week of the beginning of the
  leave, if it is unplanned leave.
Approval of Long Term
Absence Request Form
Supervisor is responsible for:
 Verifying types of leave for which the
  employee is eligible
 Verifying receipt of Certification of Health
  Care Provider Form (CHCP). Original to be
  retained by supervisor.
 Verifying copies have been sent to Payroll
  Office, Benefits Office (for W/C absences
  only)
    Notification of Approved FMLA
   Provide a copy of LTAR form signed by the employee
    and supervisor to the employee within 2 business
    days of receipt of application for FMLA.
   If the employee does not provide a signed copy of
    the LTAR and CHCP forms within 2 weeks of
    beginning date of illness, send a copy signed by the
    supervisor to the employee’s home address by
    regular mail and certified mail.
   This will serve as proof of notification that the leave
    was applicable to FMLA from the first day absent in
    the event of an audit.
Temporary Disability Leave
   All certified full-time employees unable to
    return from FMLA must submit a request for
    Temporary Disability Leave, whenever all
    leave available under FMLA has been
    depleted.
   Supervisors are required to inform Personnel
    when all leave has been depleted and the
    employee is unable to return to work.
    INSURANCE COVERAGE
 Benefits will remain in effect during an FMLA covered
  absence. The district’s portion of the premium will
  continue to be funded; however, the employee is
  responsible for their portion, regardless of whether
  they are receiving a paycheck. Failure to submit
  premium will result in loss of coverage.
 If the employee is unable to return to work at the
  end of FMLA and other paid leave absences, the
  Benefits Department will offer COBRA for the
  employee to continue the insurance coverage, if the
  premiums are current.
Confidentiality of Information
   The AFD, LTAR and CHCP forms contain
    confidential information regarding an
    employee’s or a family member’s personal
    health information that must be protected.
   Shred any documents that are not necessary
    for required record keeping that contain an
    employee’s name, social security number, or
    any medical information.
Record Keeping
   The FMLA statute requires that all
    records be maintained in separate files
    than the personnel files because the
    documents contain personal health
    information.
   Regulations require documents be
    retained for a minimum of the current
    fiscal year + 4 previous school years.
Non-compliance
   Non-compliance with these policies may
    result in loss of revenue by the district.
   If an employee’s medical claims exceed the
    district’s stop loss amount will be subject to
    audit to verify that all procedures have been
    followed.
   If procedures have not been followed
    correctly and timely, the stop loss carrier may
    deny reimbursement to the district for the
    excess claims over the stop loss limit.
REFERENCES
   For more detailed information, please
    refer to:
   Board Policy, DEC Legal and DEC Local
   Employees’ Handbooks
   Secretaries’ Instruction Handbook

				
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