Top Ten Things

You Need to Know

FMLA (Family Medical Leave Act)

Sharon McCannshmccann@indiana.edu

November 14, 2007

#1- You need to know… the purpose of FMLA

• Allows employees to balance work & family life by taking time off without affecting their employment

• Provides up to 12 weeks per year• Starts anew each year• May be taken intermittently

#2 – You need to know… who is eligible for FMLA

• IU employee for at least 12 months(does not need to be consecutive)

• Worked minimum of 1,250 actual work hours in 12 month period prior to FMLA

(excludes any type of paid leave not worked)

• Check eligibility first• Hourly employees/past hourly service

#3 – You need to know…who starts the process

• An employer responsibility

• Applies to IU Professional staff, Support and Service staff and FMLA eligible Hourly employees

• Respond within two days of knowledge of employee need

#4 – You need to know…what’s covered/what’s not

• NOT normally covered

◦ Common colds, sore throats, flu

◦ Illness not causing time off work

• IS normally covered

◦ Things that lead to a SHC*◦ Refer to definitions of SHC*

* Serious Health Condition

#5 - You need to know… what to share with the employee

Avoid the “why do I have to…”

IU health care continuationReinstatement rightsWaives maximum leave usageFMLA protectionNOT unpaid until leave accruals are depleted

#6 – You need to know… to review medical certification

• What to scrutinize

• When to approve/disapprove

• Not requested for births/child placements

• How to handle the questions

• Don’t call the care provider!

#7 – You need to know…what pitfalls to avoid

• Intermittent leave guidelinesForeseeable leave approvalsRecertifications

• When to say/not say “enough”

• Avoidance of discipline?

#8 – You need to know… how to handle decreasing

performance due to illness

• Don’t avoid FMLA by “enabling” and lessening duties

• Give the employee a chance to perform

#9 – You need to know…how to address poorperformance during FMLA

• No discipline for taking FMLA

• Discipline for poor performance is possible during FMLA

• Be fair, reasonable and consistent

#10 – You need to know…when to call for help

• Medical certification is suspicious• Second/third opinions

• When it “crosses over”• Corrective Action• Accommodation and ADA• Can no longer perform the duties

• Questions are welcome• Other training available (LCS, processor, review)