Family Medical Leave Act (FMLA) & Wisconsin Family Medical Leave Act

Family Medical Leave Act (FMLA) & Wisconsin Family Medical Leave Act (WFMLA) Presented By Amy Chostner Payroll & Benefits Specialist Human Resources

The History of FMLA 1985 The Family and Medical Leave Act is drafted by Donna Lenhoff. 1993 FMLA is signed into law. 2008 National Defense Authorization Act for FY 2008 amends FMLA to include two military leave provisions. Military Caregiver Leave Qualifying Exigency Leave (National Guard and Reserves) 2009 National Defense authorization Act for FY 2010 includes amendments to FMLA to expand Military Caregiver Leave. Military Caregiver Leave is expanded to include veterans. Qualifying Exigency Leave is expanded to include Regular Armed Forces, but only available when deploying out of country.

What is FMLA / WFMLA? The Federal Family and Medical Leave Act (FMLA) and the Wisconsin Family and Medical Leave Act (WFMLA) provide you with the right to take job-protected leave with continued medical benefits when you need time off from work to care for yourself or a family member who is seriously ill, to care for a newborn or newly adopted child or to attend to the affairs of a family member who is called to active duty in the military.

Who is Covered? WFMLA: Employees that have worked for the state 52 consecutive weeks and 1,000 hours during the preceding 52 weeks period. Paid leave counts towards the 1,000 hours worked. FMLA: Employees that have worked for the state at least 12 months (months do not need to be consecutive) and 1, 250 hours during the preceding 12 month period. Only actual hours worked count towards the 1,250 hours.

Leave Entitlement - WFMLA Calendar year basis Eligible employees are entitled to: Up to six weeks for the birth or adoption of a child Up to two weeks to care of a child, spouse, domestic partner, or parent (includes parent in-laws) with a serious health condition. Up to two weeks for your own serious health condition

Leave Entitlement - FMLA Calendar year basis – Biweekly Fiscal Year basis - Monthly Eligible employees are entitled to up to twelve weeks per year for: The birth or a child and to care for the newborn child within one year of birth. The placement of a child for adoption or foster care with the employee and to care for the newly placed child within one year of placement. To care for the employee’s spouse, child, or parent who has a serious health condition. The employee’s own serious health condition that impacts the employee’s ability to preform the essential functions of their job.

Leave Entitlement - FMLA Any qualifying exigency arising out of the employee’s spouse, son, daughter, or parent is a member of the active or reserve component of the Armed Forces and is on a covered active duty or has been called to active duty in a foreign country / international waters OR Up to twenty-six weeks of leave during a single 12-month period to care for a current military service member or eligible veteran* with a serious injury or illness if the employee is the service member’s or veteran’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

Leave Entitlement - FMLA Leave provisions to care for an injured or ill military service member are based on a rolling 12 month schedule. In order to be eligible to take a FMLA-covered leave to care for a veteran, the veteran must have been honorably discharged within the 5-year period before the family member first takes military caregiver leave.

Types of Leave Duration – WFMLA/FMLA Solid Block Leave This is typically a solid block of dates. An employee may apply for a solid block of leave, return to work, but utilize intermittent leave upon returning. Intermittent – Unscheduled or scheduled leave as indicated in the certification provided. Intermittent leave can be a scheduled reduced schedule. Intermittent can also be sporadic in nature. In cases of FTE changes employees are encouraged to discuss their needs with their departments. Human Resources will verify with the department what accommodations are being made as well as official FTE change amounts.

When to Encourage an Employee to Apply If an employee will be out of work more than the 5 days allowed with medical documentation. If an employee expresses they or a family member has a serious health condition and you may need time away from work for an extended period of time. The employee should always schedule an appointment with Human Resources prior to going on leave. In the event of an emergency and this is not practical contact Human Resources as soon as possible.

The Application Process The employee sets up a meeting with a Human Resources representative to discuss your need for leave. Human Resources will determine if you qualify for Family Medical Leave. Human Resources will discuss the forms required to apply for Family Medical Leave and how to report your FMLA leave in the HRS system. Employee’s Application for Medical Leave Physician's Certification or Other Possible Certification If the employee qualifies HR will notify you that the employee has applied as well as when the leave is approved. Human Resources will also provide information regarding return to work status.

Next Steps The supervisor should discuss the amount of time the employee will be away from the office with the employee based upon the information provided by Human Resources. If the employee is taking a solid block of known leave time the supervisor should review the employee’s workload to determine the following: Will a temporary employee be needed during this time period? How to distribute the remaining work load among employees currently in the department. Arrange to have any needed cross training completed prior to the employee’s leave start. Ask the employee for a list of outstanding items that may need immediate attention or items with upcoming due dates. Supervisor’s should not ask employee’s for additional information regarding the reason for the employee’s leave of absence.

Next Steps If the employee is taking intermittent leave the supervisor should review the employee’s work load to determine the following: If it possible for the employee to complete some tasks remotely. Would a potential schedule modification benefit the employee and the department? How to distribute the remaining work load among employees currently in the department. Arrange to have any needed cross training completed prior to the employee’s leave start. Ask the employee for a list of outstanding items that may need immediate attention or items with upcoming due dates in the event they plan to be out of the office soon.

Things to Consider Cross Training Cross training is critical for assisting managers in effectively managing leaves of absence. Cross training can begin prior to anyone within your department taking a leave of absence. Accommodations In some cases an employee will be able to return to work, but with accommodations. If Human Resources receives accommodation information the supervisor will be notified to make a determination if the accommodation can be met.

Things to Consider Schedule Modifications In some cases there may be opportunities for an employee to modify there schedule. Working Remotely A telecommute agreement must be in place with the Human Resources Department prior to allowing work to be completed from home. The supervisor and the employee should meet to discuss the expectations of what tasks may be completed from home.

Time Reporting and Leave Approvals Solid Block of Leave: Human Resources will complete all leave entry as indicated in the Employee’s Request for WFMLA / FMLA. Intermittent Leave: The employee will complete their leave entry per their payroll schedule. The employees should note WFMLA / FMLA in all leave requests associated with their approved WFMLA / FMLA. Employees on a monthly schedule should submit their leave time separately to the Human Resources Department if they are not taking blocks of leave that are 4 or 8 hours in duration. The Human Resources Department will confirm the time taken with employee’s Time and Labor Approvers prior to payroll processing.

Scenarios An employee has been calling into work to care for an ill boyfriend? An employee has adopted a child? An employee requests FMLA leave, but never provides certification? Can an employee have more than 1 FMLA leave request a year? An employee has worked 1,000 hours in the past 12 months and has been employed with the same employer 10 years are they eligible for FMLA leave? An employee’s spouse has been called to active military duty are they eligible?

Where to get help Need more help? Contact Human Resources – General Ext. 2204 – Amy Chostner Ext. 2537 Online WFMLA / FMLA Information https://www.wisconsin.edu/ohrwd/benefits/leave/fmla/#overview UPS Operational Policy BN4: FMLA/WFMLA https://www.wisconsin.edu/ohrwd/download/policies/ops/bn4.pdf FMLA Guide for Employees https://www.dol.gov/whd/fmla/employeeguide.pdf