The Family and Medical Leave Act presentation was revised to include the latest in FMLA policies and procedures.

1. Family and Medical Leave Act
Revisions
“FMLA”
FMLA © Gary Wheeler, The Virtual HR Director, LLC 1

2. FMLA Objectives
 Review original law
 Summarize revisions
 Suggest best practices
FMLA © Gary Wheeler, The Virtual HR Director, LLC 2

3. FMLA 1993
 Protects employees from job loss when
significant time off is required due to certain
family and medical reasons
 Must grant eligible employees 12 weeks unpaid
job protected leave within a 12 month period for
any of the following reasons:
 Birth of a child, adoption, foster care
 To care for serious health condition of immediate
family member
 To care for personal serious health condition
FMLA © Gary Wheeler, The Virtual HR Director, LLC 3

4. Employee Eligibility Requirements
 Worked for covered employer for at least 12
months
 Worked a minimum of 1250 hours over the
previous year
 There are at least 50 employees within a 75 mile
radius
 Employee is required to provide a 30 day notice
of a foreseeable event that entail FMLA
FMLA © Gary Wheeler, The Virtual HR Director, LLC 4

5. FMLA 2009
 Effective January 16, 2009
 3 major revised regulations:
 New military leave entitlements
 Enhanced regulatory requirements
 Clarification of terms
FMLA © Gary Wheeler, The Virtual HR Director, LLC 5

6. New Military Leave Entitlements
 Caregiver Leave
 26 weeks unpaid leave for an eligible employee
during a 12 month period
 Applies to employees whose spouse, son, daughter,
parent, or “next of kin” is a service member on
active duty
 Service member is suffering from a serious injury or
illness incurred in the line of duty
FMLA © Gary Wheeler, The Virtual HR Director, LLC 6

7. New Military Leave Entitlements
 Active Duty Leave
 Eligible employee can use original 12 weeks unpaid
leave during a 12 month period
 Applies to employees whose spouse, son, daughter,
parent, or “next of kin” is a service member on active
duty
 Use for the following “qualifying exigencies”:
 Short notice deployment
 Childcare and school activities
 Recuperation
 Military events
FMLA © Gary Wheeler, The Virtual HR Director, LLC 7

8. Notice Requirements Reinforced
Employer Employee
 Electronic posting  Follow the employer’s
 Understandable procedures for
language
reporting an absence
 5 days to reply to
employee  Greater responsibility
 New forms for advance notice of
need for leave
FMLA © Gary Wheeler, The Virtual HR Director, LLC 8

9. Changes to Certification
Requirements
 Medical Certification
 Employer’s representative must be a health care
provider, HR professional, or management official
 Cannot be the employee’s direct supervisor
 Employer may request re-certification of an ongoing
condition every 6 months
FMLA © Gary Wheeler, The Virtual HR Director, LLC 9

10. Changes to Certification
Requirements
 Incomplete Medical Certification
 Written notice is required
 Employee has 7 days to provide additional information
 Fitness for Duty Certifications
 Addresses the employee’s ability to perform the
essential functions of the job
 When safety concerns exist, may require a
certification before employee returns to work
FMLA © Gary Wheeler, The Virtual HR Director, LLC 10

11. Clarification of Terms
 Serious Health Condition
 3+ consecutive days of incapacity and 2 health care
provider visits must occur within the first 30 days of
the beginning of leave
 First health care visit must occur within 7 days of the
first day of leave
 “Periodic Visits” for chronic health conditions = at least
2 visits to a health care provider per year
FMLA © Gary Wheeler, The Virtual HR Director, LLC 11

12. Clarification of Terms
 Eligibility/Breaks in Service
 Employers are not required to count employment prior
to a continuous break in service of 7 or more years
unless:
 Break in service was due to fulfillment of military
service obligations
 Collective bargaining agreement affirmed
employer’s intention to rehire employee after break
in service
FMLA © Gary Wheeler, The Virtual HR Director, LLC 12

13. Clarification of Terms
 Light Duty Assignments
 Time spent performing light duty does not count
against FMLA entitlement
 Job reinstatement rights continue during light duty
assignments
 Employee will lose this right if they remain in light
duty assignment at the end of 12 month FMLA
period
FMLA © Gary Wheeler, The Virtual HR Director, LLC 13

14. Clarification of Terms
 Substitution of Paid Leave
 Employers may require accrued paid leave (Vacation,
sick, PTO) to be taken concurrently with FMLA
 Now, all forms of paid leave are to be treated the
same
FMLA © Gary Wheeler, The Virtual HR Director, LLC 14

15. Additional Revised Regulations
 Perfect Attendance Award - denies “perfect
attendance” to employees who use FMLA
 Waiver of Rights - allows settlement or release
of FMLA claims without prior court or department
approval
 Employer Relief - eliminates requirement that
employers who fail to properly designate FMLA
leave offer additional 12 weeks protected leave
FMLA © Gary Wheeler, The Virtual HR Director, LLC 15

16. Best Practices
 Update policies, handbook, forms, and training
 Post general FMLA notice
 Confirm shared responsibility between employee
and employer
 Encourage employee to initiate leave request
FMLA © Gary Wheeler, The Virtual HR Director, LLC 16

17. Food For Thought
 Will broadened definition of disability under
ADAAA increase requests for FMLA leaves?
 What is the impact when the war ends?
FMLA © Gary Wheeler, The Virtual HR Director, LLC 17

18. FMLA Information
 For additional information go to:
www.wagehour.dol.gov
www.dol.gov
• gary@thevirtualhrdirector.com
• http://www.thevirtualhrdirector.com
FMLA © Gary Wheeler, The Virtual HR Director, LLC 18