FMLA What You Need To Know

What You Need To Know
Brevard Public Schools
Compensation & Benefits
February 16, 2009
Family Medical Leave Act
The act of 1993 allows an eligible employee of a
covered employer to take job-protected leave for
up to a total of 12 work weeks in any 12 mos for:
Adoption & Foster Care
Birth of a Child
Care of a Family Member
Employee’s Own Serious Health Condition
Military Family Leave
The act of 2008 provides an eligible employee of a
covered employer military family leave related to
military service to take 12 weeks in any 12
months of job protected leave.
Reason for Military Family Leave
Eligible EE are entitled to up to 12 weeks of leave
because of ”any qualifying exigency” arising out
of the fact
that a spouse, son, daughter, or parent of the
employee is on active duty, or has been notified
of an impending call to active duty status in
support of a contingency operation.
Qualifying Exigencies
Attend military events
Arrange for alternative childcare
Address certain financial and legal arrangements
Attend certain counseling sessions
Attend post-deployment reintegration briefings
Military Leave Entitlement
An eligible employee who is the spouse, son,
daughter, parent, or next to kin of a covered
service member who is recovering from a
serious illness or injury sustained in the line of
duty on active duty is entitled up to 26 weeks of
leave in a single 12-month period to care for the
service member.
The 26 weeks is a combined total of all types of
FMLA leave.
An eligible employee is entitled to 12 work weeks of
job protected leave during any 12-month period for a
qualifying FMLA reason.
12 Months of Service (does not have to be consecutive)
1250 Actual Hours Worked preceding the date of leave
Exception to 1250 actual hours (teachers must have worked at least one
full semester)
Must have FMLA Hours Available to use
Request must be certified by a health care provider
FMLA as A Benefit
Brevard Public Schools provides for 60 days:
Board-Paid Medical Contributions
Board-Paid Employee Vision Contributions
Board-Paid 1 times Life Insurance Contributions
FMLA As a Benefit
• Neither the employee or the employer can
“Waive,” “Save,” or “trade off” their rights
under FMLA.
• FMLA now runs concurrently with:
– Workers Compensation
– Sick Pay and Sick Bank Pay
– Paid Time Off options to also include personal
charged to sick, vacation, and administrative
What Is A Serious Health
A Serious Health Condition is any medical condition that
makes a person unable to perform the essential functions of
their job.
Hospital Care
Absence Plus Treatment
Chronic Conditions Requiring Treatment
Permanent/Long Term Conditions Requiring Supervision
Multiple Treatments (Non-Chronic Conditions)
FMLA Types
Intermittent FMLA
Recurring in scattered and irregular or unpredictable
instances. Occurring occasionally, having no pattern
or order in time.
Consecutive FMLA
Regular succession without interruption. More than 3
calendar days with no break in time.
12-Month Calculation
An eligible employee is entitled to 12 work weeks of job
protected leave during any 12-month period for a qualifying
FMLA reason.
Brevard Public Schools performs the 12-month calculation by
using the:
Rolling 12 Month Period Measured Backward from a Leave
Who’s Responsible?
The Employer is responsible for designating
time off work as FMLA and informing
Employees of their rights under FMLA.
The Employee is responsible for the
completion of the Medical Certification to be
given to the Employer.
When To Refer An Employee
To File For FMLA
 Absences due to a medical reason or family care
 Continued absences for the same reason or condition
 Continued absences to care for a qualifying family
 Multiple doctor visits or treatment
 Anything you suspect that may fall under the definition
of a serious health condition
 Military Leave “Qualifying Exigency”
Successful FMLA
 Know what questions to ask an employee requesting a
 Have a consistent policy for FMLA application
 Have a set timeline for the medical certifications to be
 Review the medical certification form and if not
complete, require completion
 Remain in contact with the employee
 Be consistent with all employees
 Continue FMLA training to all site administrators
Thank you for the time out of your day and for your attention.
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