FAMILY AND MEDICAL LEAVE ACT

Family Medical Leave Certification form

ELIGIBLE EMPLOYEE

• Employed by employer for at least twelve (12) months
• Employed be the employer for at least 1,250 hours during 12-month period
  immediately preceding the start of the leave

CIRCUMSTANCES REQUIRING AN EMPLOYER TO GRANT LEAVE

• Birth of a child or to care for a newborn child
• Placement of a child for adoption or foster care
• Care for a spouse, son, daughter, or parent with a serious health condition
• Serious health condition of the employee which causes the employee to be unable to
  perform the functions of the job

A "serious health condition" is any "illness, injury, impairment, or physical or mental
condition that involves. . ."

• Inpatient care or subsequent treatment in connection with the inpatient care
• Three (3) calendar days' absence from normal activities coupled with treatment
  from a health care provider
• Continuing care for a chronic, long-term condition that, if untreated, would result
  in incapacity of more than three (3) days
• Pre-natal care

LENGTH OF LEAVE

• Twelve (12) work weeks during any 12-month period
  The employer determines what constitutes the 12-month period. It could be, for instance, a calendar year or a fiscal year. In L'Anse Creuse, it is September to September.
  
• Entitlement for leave for the birth or adoption of a child expires at the end of the 12-month period which begins on the date of birth or placement.
• Husband and wife working for the same employer may have their leave limited to a "combined total of 12 weeks leave during any twelve-month period."
• Leave can be taken "intermittently or on a reduced work schedule."
• Certain periods of time do not count against the 12-weeks of FMLA leave. The leave does not count during those periods when employees are not expected to report to work: days closed during the Christmas/New Year holiday, Spring Recess, Summer Recess, for example. Scheduled work days  count in L'Anse Creuse.

PAID OR UNPAID?

• Generally unpaid
• Employee may choose to substitute paid leave; employer may require the employee to substitute paid leave.
  (See contract, Article XI, A, 9, page 47)

ADVANCE NOTICE AND MEDICAL CERTIFICATION

• Employee should provide 30-days notice when the leave is "foreseeable" or provide notice "as soon as practicable."
• The employer will require medical certification by the employee's doctor and even a second opinion by a doctor of the employer's choice.

EMPLOYER NOTICE OBLIGATION

• "Once the employer has acquired knowledge that the leave is being taken for a FMLA required reason, the employer must promptly (within two business days absent extenuating circumstances) notify the employee that the paid leave is designated and will be counted as FMLA leave."
  
• Notice may be oral or in writing
  ORAL: Must be confirmed in writing no later than following payday unless payday is less than one week

         WRITTEN: Can be in any form including notation on employee's pay stub

JOB BENEFITS AND PROTECTIONS

• Employer must maintain employee's health coverage under the "group plan."
• Employer must return employee to original or equivalent position with equivalent pay, benefits, and other terms and conditions of employment -- generally.

ENFORCEMENT

• Complaints can be filed with the U.S. Department of Labor, Wage and Hour Division.
• Eligible employee can bring civil action against an employer for violations.

SPECIAL RULES FOR PUBLIC ELEMENTARY AND SECONDARY SCHOOLS

• Affect the taking of an intermittent leave, leave on reduced schedule, or leave near the end of a semester by instructional employees

Intermittent Leave

Leave that is taken at the end of the school year and begins with the next semester: consecutive, not intermittent

Summer vacation not counted against FMLA entitlement

Employees provided with benefits over the summer that would normally have been provided had the employee worked to the end of the school year

Near End of Academic Term

Leave begins more than five (5) weeks before the end of a term and is scheduled to end three (3) of fewer weeks before the end of the term

Employer may require employee to continue the leave to end of term

If the employer requires the employee to stay on the leave beyond that needed by employee, this time is not counted as FMLA

(1) Employee maintains group health insurance

(2) Employee restored to same or equivalent job and benefits

CAUTION

• If an employee does not return from the FMLA leave, the employer may be able to recover the cost of the group health benefit provided the employee on the unpaid portion of the FMLA leave.

OTHER LAWS AND DOCUMENTS WHICH MAY HAVE AN IMPACT ON FMLA

• Fair Labor Standards Act (FLSA)
• Americans With Disabilities Act (ADA)
• Consolidated Omnibus Budget Reconciliation Act (COBRA)
• Worker's Compensation
• Collective Bargaining Agreement (CBA) Article XI, pp. 45-50

MEA/NEA Local 1     February 2004

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