This is a summary of one of many laws that regulate employment in the United States and its territories. Employers should consult an attorney who specializes in labor and employment law about questions applicable to your specific industry. 

FAMILY AND MEDICAL LEAVE ACT

November 24, 2008 UPDATE -- USDOL has updated the Family and Medical Leave Act (FMLA) to provide additional leave for military families and further guidance for both employees and employers.  The new rules take effect in January 2009.  

Employers will be required to provide employees with information about FMLA including a general notice, an eligibility notice, a designation notice and a notice of rights and responsibilities.  Employees who need to use FMLA leave will be required to follow the employer’s usual and customary call-in procedure when reporting an absence, unless there are unusual circumstances that prevent it.  

Also included in the final rule was a provision passed last January that allows up to three months for active duty leave and allows family members of injured military personnel to take up to six months of unpaid leave during the rehabilitation process.

When you look at the changes, you can just imagine how many complaints DOL got about these five topics...complaints from employers and employees -- and the time and money spent on litigation and arbitration. What ever happened to "common sense"?     

To view a copy of the final rule, visit the DOL website, http://www.dol.gov/esa/whd/fmla/finalrule.htm.

-- Doctor's Visits: Clarifies rules on how often and when employees must see doctors. Previously, the law required employees to see a doctor twice during their leave. The new rules stipulate that those two doctor visits must take place within 30 days of beginning leave. The first visit must occur within the first seven days.

-- Paid Leave: Under new rules, employees who use paid leave at the same time as family leave must follow employer rules on paid time off. That means employees can't use vacation time to get paid time off during an unplanned leave; instead, employees must follow their employer's time-off rules.

-- Notice of Leave: Employees must follow the employer's usual call-in rules for reporting an absence, except in emergencies. That may mean advance or same-day notice. Previously, employees could notify employers of plans to take family leave two days after their first absence.

-- Fitness for Duty: Allows employers to require ``fitness-for-duty'' evaluations for workers who took FMLA time and are returning to jobs that could endanger themselves or others.

-- Military Leave: Eligible military family members will for the first time be able to take up to 26 weeks off in a 12-month period to care for a service member with a serious duty-related injury. Leave also will be granted to family members of those in the National Guard and Reserves.

The Family Medical Leave Act (FMLA) applies to employers with 50 or more employees. Covered employers are required to give employees up to 12 weeks of leave per year for the birth or adoption of a child, or the serious health condition of an employee or immediate family member.

To be eligible, the employee must have worked for at least 12 months, and for at least 1250 hours (25 hours/week) over the previous 12 months. "Serious health condition" means a physical or mental condition involving inpatient care or continuing treatment by a physician or other health care provider.

NOTE: Ordinary "sick leave" systems of companies not covered by the FMLA (50+ employees) provide for time off ONLY for employees, not dependants. Most companies give employees 3-6 days of paid "sick leave" and employees can be required to exhaust their "sick leave" before FMLA leave is taken.

Many companies no longer require a "doctor's excuse" for an employee to qualify for paid sick leave -- they simply remind employees that when their sick days are used up, further absences are UNpaid time off and those absences may require a note from a doctor to ensure that time taken for illness is no abused -- even if it is unpaid time.

Mixing sick leave with vacation leave is unwise because it can complicate the calculation of employee pay.     

"Immediate family member" means the employee's child, spouse or parent (not parents-in-law, cousins, godparents, etc.). Although leave is unpaid, an employer must continue the employee's coverage under their group health insurance plan. Upon return from leave, an employee must be returned to their former job or to a "substantially  equivalent" position.

"Serious health condition" defined.

Important: employees must apply for FMLA -- it is not automatic.  Approval may be denied in some cases.

COPY THESE FORMS ONTO COMPANY STATIONARY

REQUEST FOR FAMILY AND MEDICAL LEAVE OF ABSENCE

Employees who have worked for at least 1,250 hours during the 12-month period immediately prior to the request for leave are eligible for leave.

Name: _____________________________ Employee Number: _______________

Department: _________________________ Hire Date: ______________________

TYPE OF LEAVE REQUESTED

(Check one box)

[   ] Employee Medical Leave of Absence

[   ] Extension of Employee Medical Leave of Absence

Dates of prior approved Medical Leaves are: __________________ to __________________

[   ] Family Medical Leave of Absence

[   ] Extension of Family Medical Leave of Absence

Dates of prior approved Family Medical Leave are: __________________ to _________________

[   ] Leave to care for newborn or adopted child or a child placed (via formal government procedures) for foster care

The Leave (or extension) requested will begin on ______________ and end on ______________. If the request is for multiple days off for recurring medical treatments of a child, parent, or spouse, or for your own medical treatments, specify dates requested:

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REASON FOR LEAVE

I request a family leave of absence for: (Check one box)

[   ] My personal SERIOUS health condition

[   ] Birth of my child

[   ] Adoption for a child by me

[   ] Placement (by the government) of a child with me for foster care

[   ] Serious health condition of my child

[   ] Serious health condition of my parent

[   ] Serious health condition of my spouse

File: 1 copy to employee; original in personnel file

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Combined Leave Policy

This form is to be completed by any employee who is requesting leave and whose spouse is also employed here.

Check the leave being requested:

_____ Family leave to care for a newly arrived child

_____ Family Medical Leave to care for a parent with a serious health condition

Circle Yes or No

Yes      No      My spouse is also employed here.

Spouse Name: _________________________ Employee Number: _______________

Department: ___________________________ Hire Date: ______________________

I certify by my signature that I have read and agree to abide by this policy:

In any case in which a husband and wife are:

(a) Both employed at this company and,

(b) Both entitled to leave,

(c) If the leave is taken for the birth or adoption of a child or to care for the serious health condition of a parent,

Then the aggregate number of workweeks of leave that both may take is limited to 12 workweeks during any 12-month period.

If there is a change in our circumstances above, I will notify the Company immediately.

Date: ________________________________ Name (Print) _____________________

Employee Number: _____________________ Name (Sign) _____________________

File: 1 copy to employee; original in personnel file

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Insurance Premium Recovery Authorization Form

I certify by my signature that I have read and understand the policy covering Insurance Premium Recovery.

I acknowledge the Company’s legal right to recover the cost of any premium paid by it to maintain my coverage in group health benefits during any period of unpaid leave.

1. I fail to return from leave at the expiration of the leave to which I am entitled; and

2. The reason I fail to return to work is not one of the following:

A. The continuation, recurrence, or onset of a serious health condition that entitles me to leave to care for a child, parent or spouse with a serious health condition, or if I am unable to perform the functions of my position due to my own serious health condition; or,

Date: ________________________________ Name (Print) _____________________

Employee Number: _____________________ Name (Sign) _____________________

 

 

 

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INSURANCE PREMIUM REIMBURSEMENT AGREEMENT

I certify by my signature that I have read and agree to do the Policy on Insurance Premium Reimbursement.

If I fail to return from leave, for any reason other than 2-A or 2-B above, I agree to arrange for a mutually acceptable schedule to reimburse the Company for the cost of any premium paid by it to maintain my coverage in group health benefits during any period of unpaid leave taken by me.

Date: ________________________________ Name (Print) _____________________

Employee Number: _____________________ Name (Sign) _____________________

1 copy to employee; original in personnel file

 

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Leave Certification Requirements

SECTION I

To request leave for the care of a child, parent, or spouse with a serious health condition

I have attached a certification from the health care provider who is treating my child, parent, or spouse. The certification includes the following:

1. The date on which the condition commenced

2. The probable duration of the condition

3. The appropriate medical facts within the knowledge of the health care provider regarding the condition

4. An estimate of the time needed to care for the person involved (including any recurring medical treatment)

5. A statement that the condition warrants my participation to provide care.

SECTION II

To request leave for the care of any employee’s own personal serious health condition

I have attached certification from the health care provider who is treating my own serious health condition. The certification includes the following:

1. The date on which my condition commenced

2. The probable duration of my condition

3. The appropriate medical facts within the knowledge of the health care provider regarding my condition

4. A statement that I am unable to perform the functions of my position due to my condition

SECTION III

Additional certification requirements for intermittent leave or for leave on a reduced leave schedule

In addition to the foregoing certifications from the health care provider involved, I have attached additional information from the health care provider:

A. Leave for the employee

1. A statement of medical necessity for my intermittent leave or reduced leave schedule and the expected duration of the schedule.

2. A listing of the dates of my planned medical treatment and the duration of the treatment(s).

B. Leave to care for a son, daughter, spouse or parent

1. A statement attesting to the necessity of intermittent leave or reduced leave for me to provide care or to assist in their recovery.

2. An estimate of the expected duration and schedule of my intermittent or reduced leave.

_____________________________________________________________________________.

I certify by my signature that I have read and understand this certification policy.

Date: ________________________________ Name (Print) _____________________

Employee Number: _____________________ Name (Sign) _____________________

File: 1 copy to employee; original in personnel file

 

 

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Certification of Physician or Practitioner
(Family and Medical Leave Act of 1993)

1. Employee’s Name:________________________________________________

2. Patient’s Name (If other than employee):________________________________

3. Diagnosis:_______________________________________________________

4. Date condition commenced: 5. Probable duration of condition:________________

6. Regimen of treatment to be presented (Indicate number of visits, general nature and duration of treatment, including referral to other provider of health services. Include schedule of visits or treatment if it is medically necessary for the employee to be off work on an intermittent basis or to work less than the employee’s normal schedule of hours per day or days per week):

a. By Physician or Practitioner:

b. By another provider of health services, if referred by Physician or Practitioner:

IF THIS CERTIFICATION RELATES TO CARE FOR THE EMPLOYEE’S SERIOUSLY-ILL FAMILY MEMBER SKIP ITEMS 7, 8, AND 9 AND PROCEED TO ITEMS 10 THRU 14. OTHERWISE CONTINUE BELOW.

Please check Yes or No in the boxes below, as appropriate.

   Yes       No

7. [   ]      [   ] Is inpatient hospitalization of the employee required?

8. [   ]      [   ] Is employee able to perform work of any kind? (If "No", skip Item 9.)

9. [   ]      [   ] Is employee able to perform the functions of employee’s position? (Answer after reviewing statement from employer of essential functions of employee’s position, or, if none provided, after discussing with employee.)

15. Signature of licensed Physician___________________________________:

16: Date:____________________

17. Type of Practice (Field of Specialization, if any):______________________

FOR CERTIFICATION RELATING TO CARE FOR THE EMPLOYEE’S SERIOUSLY-ILL FAMILY MEMBER COMPLETE ITEMS 10 THRU 14 BELOW AS THEY APPLY TO THE FAMILY MEMBER.

     Yes       No

10. [   ]      [   ] Is inpatient hospitalization of the family member (patient) required?

11. [   ]      [   ] Does (or will) the patient require assistance for basic medical, hygiene, nutritional needs, safety or transportation?

12. [   ]      [   ] After review of the employee’s signed statement (See Item 14 below), is the employee’s presence necessary or would it be beneficial for the care of the patient? (This may include psychological comfort).

13. Estimate the period of time care is needed or the employee’s presence would be

beneficial:__________________________________________________                                                                                                     

ITEM 14 IS TO BE COMPLETED BY THE EMPLOYEE NEEDING FAMILY LEAVE.

14. When Family Leave is needed to care for a seriously-ill family member, the employee shall state the care they will provide and an estimate of the time period during which this care will be provided, including a schedule if leave is to be taken intermittently or on a reduced leave schedule:

Employee Signature:______________________________________

Date:____________________________

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