Family and Medical Leave Act

Family and Medical Leave Act Presented by the U.S. Department of Labor Wage & Hour Division www.wagehour.dol.gov

Disclaimer • This presentation is intended as general information only and does not carry the force of legal opinion. • The Department of Labor is providing this information as a public service. This information and related materials are presented to give the public access to information on Department of Labor programs. You should be aware that, while we try to keep the information timely and accurate, there will often be a delay between official publications of the materials and the modification of these pages. Therefore, we make no express or implied guarantees. The Federal Register and the Code of Federal Regulations remain the official source for regulatory information published by the Department of Labor. We will make every effort to keep this information current and to correct errors brought to our attention. www.wagehour.dol.gov

Purpose of the Act • Balance the demands of the workplace with the needs of families • Promote the stability and economic security of families • Promote national interests in preserving family integrity www.wagehour.dol.gov

Topics for Discussion • Employer Coverage • Employee Eligibility • Employer Responsibilities • Employee Responsibilities • Other Issues • Enforcement www.wagehour.dol.gov

Employer Coverage • Private sector employers with 50 employees • Public Agencies • Public and private elementary and secondary schools www.wagehour.dol.gov

Employee Eligibility • Employed by covered employer • Worked at least 12 months • Worked at least 1250 hours • Employed at a work site with 50 employees within 75 miles • Special rules under the Uniformed Services Employment and Reemployment Rights Act (USERRA) www.wagehour.dol.gov

Employer Responsibilities • Provide notice • Allow up to 12 workweeks of unpaid FMLA leave for qualifying reasons • Maintain group health insurance • Restore the employee to same or equivalent job and benefits • Maintain records www.wagehour.dol.gov

Provide Notice Employers are required to notify employees of their rights and responsibilities regarding FMLA leave www.wagehour.dol.gov

Allow Up To 12 Workweeks of FMLA Leave for Qualifying Reasons • An eligible employee is entitled to 12 workweeks of unpaid leave in a 12 month period for qualifying reasons. www.wagehour.dol.gov

12 Workweeks of Leave • Leave may be taken in one block of time • Leave may be taken intermittently or on a reduced leave schedule www.wagehour.dol.gov

Intermittent/Reduced Leave Schedule • Employee is entitled to take intermittent leave when the leave is medically necessary • Employee must get employer approval when the intermittent leave is taken for birth or adoption www.wagehour.dol.gov

12-Month Period Method determined by employer • Calendar year • Any fixed 12-month leave year • A 12-month period measured forward • A rolling 12-month period measured backward www.wagehour.dol.gov

Qualifying Leave Reasons • Childbirth and care of the newborn child • Placement of a child for adoption or foster care • To care for a spouse, child or parent with a serious health condition • For the employee’s own serious health condition www.wagehour.dol.gov

Serious Health Condition • Inpatient Care, or • Continuing Treatment by a Health Care Provider • Absence Plus Treatment • Pregnancy • Chronic Conditions • Permanent/Long-term Conditions • Absence to Receive Multiple Treatments www.wagehour.dol.gov

Inpatient Care • Includes any period of incapacity requiring an overnight stay in a • hospital • hospice • residential medical care facility www.wagehour.dol.gov

Continuing Treatment by a Health Care Provider Absence Plus Treatment • Incapacity must be for more than 3 consecutive calendar days and either • involves treatment 2 or more times by a health care provider, or • involves treatment 1 time by a health care provider, followed by a regimen of continuing treatment www.wagehour.dol.gov

Continuing Treatment by a Health Care Provider Pregnancy • Incapacity due to pregnancy or prenatal care qualifies as a serious health condition. www.wagehour.dol.gov

Continuing Treatment by a Health Care Provider Chronic Conditions • Any period of incapacity or treatment due to a chronic condition which: • requires periodic visits to a health care provider • continues over an extended period of time • may cause episodic rather than continuing periods of incapacity www.wagehour.dol.gov

Continuing Treatment by a Health Care Provider Permanent/Long-Term Conditions • Any period of incapacity which is permanent or long-term for which treatment may not be effective www.wagehour.dol.gov

Continuing Treatment by a Health Care Provider Absence to Receive Multiple Treatments • For restorative surgery after an accident or other injury or • For conditions that if left untreated would likely result in incapacity of more than 3 consecutive calendar days www.wagehour.dol.gov

Substitution of Paid Leave • Under certain circumstances, employees may choose or employers may require the substitution, i.e. use of, earned paid leave for unpaid FMLA leave. www.wagehour.dol.gov

Maintain Group Health Plan Benefits • Group health plan benefits must be maintained throughout the leave period www.wagehour.dol.gov

Maintain Group Health Plan Benefits (continued) • Employee must make arrangements to pay his share of the premium • Employee may be required to repay the cost of the premium if the employee does not return to work after leave www.wagehour.dol.gov

Restore the Employee to the Same or Equivalent Job • Same or equivalent job • equivalent pay • equivalent terms and conditions • equivalent benefits • Employee has no greater right to reinstatement than had the employee continued to work www.wagehour.dol.gov

Maintain Records • Basic payroll information • Dates FMLA taken • Hours of leave if leave is taken in less than one full day • Copies of leave notices • Documents describing benefits • Premium payments • Records of disputes www.wagehour.dol.gov

Employee Responsibilities • Provide notice of the need for leave • If requested by the employer: • Provide medical certification • Provide periodic status reports • Provide fitness-for-duty certification www.wagehour.dol.gov

Provide Notice of the Need For Leave • Employee should advise the employer of the qualifying reason for leave • Foreseeable Leave - 30 days notice required • Unforeseeable Leave - as soon as possible www.wagehour.dol.gov

Provide Medical Certification • Must be properly completed • Must be submitted within 15 days of employer’s request • Must provide recertification upon employer’s request www.wagehour.dol.gov

Provide Periodic Status Reports • Employee must respond to employer’s request for information about status and intent to return to work www.wagehour.dol.gov

Provide Fitness-for-Duty Certification • Employer may require before employee returns to work • If state or local law or collective bargaining agreement is in place, it governs the return to work www.wagehour.dol.gov

Prohibited Employment Actions • Employers cannot • interfere with, restrain or deny employees’ right to FMLA • discharge or discriminate against an employee because of involvement in any proceeding related to FMLA • use the taking of FMLA leave as a negative factor in employment actions www.wagehour.dol.gov

Employee and Employer Rights and Responsibilities To summarize, employees and employers both have rights and responsibilities under the FMLA. www.wagehour.dol.gov

Employee Rights • Employees are entitled to: • Notice of rights and responsibilities • 12 workweeks of unpaid leave • Intermittent/reduced leave schedule • Substitution of paid leave • Continuation of group health insurance • Return to work www.wagehour.dol.gov

Employee Responsibilities • Employees have a responsibility to: • Provide notice of the need for leave • Provide medical certification • Provide periodic status reports • Provide fitness-for-duty certification www.wagehour.dol.gov

Employer Rights • Ask questions to determine if leave is FMLA qualifying • Request medical certification • Request periodic status reports • Require the substitution of paid leave for unpaid FMLA leave • Temporarily transfer an employee to a different job to accommodate intermittent leave for planned medical treatment • Recover insurance premiums in limited circumstances www.wagehour.dol.gov

Employer Responsibilities • Employers have a responsibility to: • Provide notice of FMLA rights and responsibilities to employees • Allow up to 12 workweeks of unpaid FMLA leave to eligible employees • Maintain group health insurance • Restore the employee to same or equivalent job and benefits www.wagehour.dol.gov

Enforcement Mechanisms • To enforce FMLA rights, employees may: • File a complaint with Wage and Hour Division • File a private lawsuit (Section 107(a)) • If the employee files a private lawsuit, it must be filed within two years after the last action which the employee contends was in violation of the Act, or three years if the violation was willful. www.wagehour.dol.gov

Compliance Assistance Materials - FMLA • Family and Medical Leave Act (WH-1418) • The Regulations (29 C.F.R. Part 825) • E-laws FMLA Advisor (www.dol.gov/elaws/fmla) • FMLA Compliance Guide (WH-1421) • FMLA Fact Sheet (#28) • FMLA Poster (WH-1420) • FMLA Compliance Guide/Frequently Asked Questions • Medical Certification (WH-380) • Employer’s Response to Employee Request for FMLA Leave (WH-381) www.wagehour.dol.gov

ADDITIONAL INFORMATION • Visit the WHD homepage at: www.wagehour.dol.gov • Call the WHD toll-free information and helpline at 1-866-487-9243 • Use the DOL interactive advisor system -ELAWS (Employment Laws Assistance for Workers and Small Businesses) at: www.dol.gov/elaws • Call or visit the nearest Wage and Hour Division Office www.wagehour.dol.gov

Family and Medical Leave Act