Definitions
What does FMLA stand for?
Family and Medical Leave Act
Is FMLA unpaid or paid according to County Policy?
Unpaid, however, as per County policy we allow employees to be on paid leave utilizing their accrued leave.
Is a medical certification required for FMLA purposes?
It depends; medical certifications are required for FMLA for self, spouse, and/or parent. Medical certification is not required for the birth of a child.
Does the employee need to use the words "FMLA" to request protected leave?
No, it is the supevisor's responsibility to educate the employee on their rights.
HR approves schedule changes for employees on FMLA?
HR approves FMLA, but does not approve employees’ schedules or time off. The employee should follow the department’s usual notice-of-absence requirements, which may address policies and procedures to follow when a schedule change arises.
What year was the FMLA Act created?
1993
In accordance to FMLA, Who is an immediate family member?
spouse, child, or parent — but not a parent "in-law"
When does an employee need to notify his/her supervisor of their FMLA appointment?
As soon as possible, and follow department policy and procedures
Can the supervisor reach out to a medical provider to obtain additional information on the employee's leave?
No. Supervisors can work with HR if they believe clarification is needed or suspect FMLA abuse.
I used 200 hours of my FMLA-approved time and need to apply again, but it hasn’t been the 12-month period? What does HR do in that case?
Please submit your FMLA request through The Standard. They will review your eligibility by running reports to determine how much FMLA leave you’ve used in the past 12 months.
What is the purpose of FMLA
To allow eligible employees to take reasonable unpaid leave for certain medical/family reasons.
Who is our third-party administrator for FMLA?
The Standard
If an employee is out for their own health condition. A _____ must be submitted by the employee to return to work.
A Doctor's note.
Can a supervisor contact an employee on FMLA to request a password to access a file?
Yes
When is Holiday Leave coded as FMLA?
If the employee is out on Consecutive FMLA and has paid leave available; employee should be coded HLP-FMLA for the scheduled holiday days.
Who is Eligible for FMLA
Employees who worked at least 12 months and at least 1,250 hours in the previous 12 months prior to the start FMLA.
Employees who have not used 12 or more weeks of FMLA in the previous 12 months.
An employee can take FMLA for:
Birth of a child, care for a newborn child within one year of birth;
Adoption, foster placement of child within one year of placement;
Care for immediate family member (spouse, child, or parent — but not a parent "in-law") who has a serious health condition; and/or
Employee unable to work because of own serious health condition
Can intermittent FMLA be denied?
Yes, best practice is to advise employees to give advance notice when foreseeable or "as soon as practicable" when the need to take FMLA leave is not foreseeable.
Is an employee eligible to submit an intent for a promotional exam while on FMLA?
Yes, employees on protected leave should be provided the same opportunities regardless of their protected status.
Can a medical provider from a foreign country fill out a medical certification?
Yes, as long as the medical provider is a licensed practitioner.
What is intermittent leave?
on a reduced leave schedule – reducing the employee’s usual weekly or daily work schedule.
The leave for a serious health condition of the employee or the employee's immediate family member must be supported by a _______ issued by a health care provider.
Medical Certification
Can an employee take 12 weeks for her own serious health condition and then two months after returning take another 12 weeks for her child?
No. An employee can only take 12 weeks in the past 12 month period.
Available time is calculated on a rolling 12 month basis
What is FMLA interference?
Occurs when an employer takes actions that hinder or obstruct an employee's rights under the Family and Medical Leave Act (FMLA). This can include denying eligible employees the right to take leave, discouraging them from using FMLA, or taking actions that make it difficult for them to exercise their FMLA rights.
Can an employee be disciplined while on protected leave?
Yes, employees can be disciplined for their performance. Please work with HR.