Family and Medical Leave Act “FMLA” and Purdue Paid Parental Leave

1. Family and Medical Leave Act “FMLA” and Purdue Paid Parental Leave Presented by: Tina Chin and Rose Costello

2. Objectives: Define the Family and Medical Leave Act of 1993 “FMLA” Define Employer Coverage Define Employee Eligibility Define Leave Entitlement Define “Serious Health Condition” Define Maintenance of Health Benefits Define Notice and Certification Define Unlawful Acts

3. What is FMLA? FMLA became effective on August 5, 1993 U.S. Department of Labor Purposes: Job Security versus Parenting/Family responsibilities and own health needs Balance employer/employee interests

4. What is FMLA? Entitles eligible employees to take up to 12 weeks of unpaid, job protected leave in a 12-month period of time Purdue – “rolling back year” IU – Calendar year

5. Employer Coverage FMLA Applies to all: Public agencies, including state, local and federal employers, local education agencies (schools) Private-sector employers who employed 50 or more employees and who engaged in commerce or in any industry or activity affecting commerce

6. Employee Eligibility To Be Eligible for FMLA, an employee must: Work for a covered employer Have worked for the employer for a total of 12 months Not necessarily consecutive Have worked at least 1,250 hours over the previous 12 months USERRA Leave counts towards months and hours of employment

7. Leave Entitlement Eligible employers must grant an eligible employee up to a total of 12 weeks of unpaid leave for the following reasons: For the birth and care of the newborn child of the employee For placement with the employee of a son or daughter for adoption or foster care To care for an immediate family member (spouse, child, or parent) with a serious health condition To take medical leave when the employee is unable to work because of a serious health condition

8. Leave Entitlement Spouses employed by same employer Combined total of 12 work weeks Leave for birth and care, or placement for adoption or foster care Must conclude within 12 months of the birth or placement Intermittent Leave Birth and care or placement for adoption or foster care (subject to employer’s approval) Medically necessary to care for a seriously ill family member, or employee is seriously ill and unable to work

9. Leave Entitlement General rule: leave is unpaid Substitution of paid leave Medical/Sick Leave Paid Parental Leave Vacation Personal

10. Serious Health Condition Inpatient care Continuing treatment by health-care provider Incapacity of 3 or more consecutive days and subsequent treatment that also involves Incapacity due to chronic serious health condition (e.g., asthma) Treatment if would result in incapacity otherwise ( e.g., cancer)

11. Maintenance of Health Benefits Health Insurance Must be maintained during leave Under same conditions as if employee had continued employment Employer paid same portion of premiums as it had during active employment Employee must pay his or her portion If Employee fails to pay, upon return, reinstated to health coverage without waiting period, physical exam, preexisting conditions

12. Job Restoration Same or equivalent job FMLA cannot result in the loss of any employment benefit earned or was entitled before leave FMLA cannot be counted against the employee under a “no fault” attendance policy

13. Notice and Certification Employee Notices Foreseeable Leave 30 days’ notice Unexpected As soon as practicable Intermittent Employee must attempt to schedule treatment so as not to unduly disrupt the employer’s operation

14. Certification Medical certification Date when serious health condition commenced Probable duration “Appropriate Medical Facts” regarding condition That the employee is needed to care for eligible family member – Emotional and Physical Support Estimate of time needed Duration of time

15. Unlawful Acts Unlawful for employer to interfere with, restrain, or deny the exercise of any right provided by FMLA Unlawful for employer to discriminate against any individual for opposing any practice, or because of involvement in proceeding, related to FMLA

16. Paid Parental Leave Purdue Paid Parental Leave Policy

17. Statement of Policy To provide Paid Parental Leave to benefits-eligible employees, including graduate students employees, due to birth of an employee’s child or the placement within an employee’s home of an adopted child. This policy is in effect for childbirth or adoptions occurring on or after October 1, 2008 PPL does not reduce any balance of any other paid leave such as sick, vacation, or personal business days or personal holidays for the purpose of recovery from the birth of a child; and/or to bond with a newborn or newly-adopted child under 18 years of age.

18. Exclusions to the Policy Employees who have been employed by the University for less than one continuous year (12 months) half-time or more in a benefits-eligible faculty or staff position, and graduate student employee position, or a benefits-eligible post-doc position

19. Definitions A Parent is a: male or female faculty or staff member, graduate student employee, or post-doc who is a birth mother; a father of the birth child; a same-sex domestic partner of the birth mother; a same-sex domestic partner of the birth father; an adoptive mother or father; a same-sex domestic partner of an adoptive mother or father.

20. General Provisions IPFW will provide PPL to an eligible employee during the first 12 months following birth or adoption. PPL is a benefit of employment its use will not be considered as a negative factor in employment actions, such as hiring, promotions and disciplinary actions, and under attendance policies.

21. General Provisions Departments should be flexible in managing PPL requests to allow faculty and staff to handle career and family responsibilities. Workload issues should be dealt with proactively so that excessive work demands are not placed on other faculty and staff.

22. Leave Provisions PPL will be paid at 100% of an eligible employee’s straight time, regular pay based on full time equivalency for the specified time outlined in this policy. Multiple births/adoptions will be counted as one occurrence.

23. Leave Provisions The birth mother may receive up to 240 hours (6 weeks) of PPL for recovery from childbirth and to bond with newborn child. Adoptive Parents of a newborn or newly adopted child may receive up to 120 hours (3 weeks) to bond with child

24. Leave Provisions PPL is available for a 12 month period following birth of a child or following placement of a newly adopted child in eligible employee’s home. The PPL will generally commence immediately following the birth or adoption.

25. When Both Parents Are Eligible If both parents are eligible, the parents may elect to combine the total of their PPL and allocate between them for a combined maximum of 360 hours, provided the maximum any eligible employee may receive is 240 hours. Ex. Birth Mother: 240 hours Eligible employee: 120 hours

26. When Both Parents Are Eligible In situations where neither is the birth mother the maximum combined hours is 240 The parents may allocate the hours in the manner that best suits their needs. they must give IPFW advance notice of the allocation they choose.

27. Intermittent and Reduced Leave PPL is available on a: continuous intermittent (separate blocks of time), or reduced schedule (reduced work hours per day or week) basis. Intermittent requires supervisor approval. A reasonable effort to schedule intermittent or reduced schedule so as not to unduly disrupt operations must be made.

28. Concurrent with FMLA PPL may run concurrently with FMLA if: Employee is eligible for FMLA FMLA leave available will decrease, in whole or in part, the amount of FMLA leave available

29. Notice Employee shall initially verbally notify his/her supervisor of the need for PPL and the timing and duration of the leave. If it is forseeable, employee must give at least 30 calendar days advance notice. If it is not forseeable, then notice must be given when practical A verbal request must be followed up with appropriate leave request forms.

30. Documentation Required Medical documentation for the birth of a child is required. completed and signed by the individual’s health care provider If FMLA leave is used, then medical certification requirements will govern. Appropriate adoption documentation from adoption agency or attorney is required.

31. Return to Work Statement If PPL is due to birth of a child: birth mother must obtain a return to work statement from health care provider and present to Human Resources upon returning to work. Must specify if employee is able to work and any physical or other restrictions. Reinstatement may be delayed until documentation is provided.

32. Reinstatement The eligible employee will be reinstated to: the same position he/she held when PPL began or to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. Provided the employee can perform the essential functions of the position.

33. Reinstatement Exceptions The University’s obligation to restore employee to same or equivalent position cease if and when: The employment relationship would have terminated if the employee had not take PPL The employee informs the University of his/her intent not to return to work at the expiration of the PPL The employee fails to return to work at the expiration of PPL Leave.

34. Coordination of PPL with Other Leaves PPL may be used in conjunction with a variety of paid and unpaid leaves such as: sick leave & vacation leave, personal business days, personal holidays and/or short term disability. Employee should contact HR Benefits for consultation.

35. Confidentiality All medical information, whether verbal or written shall be kept confidential to the maximum extent possible. All medical documents must be maintained within Human Resources department in confidential, secure files separate from personnel files.

36. Questions? Contact Human Resources Benefits Administrators: Tina Chin 481-6684 Tina Sullivan 481-6683