Understanding FMLA.pptx

Family Medical Leave Act (FMLA) Overview

• FMLA provides an employee with a maximum of 12 weeks of unpaid, job-protected time in a rolling 12-month period.
• You may qualify for FMLA if you have:
• Worked at least 12 months
• Worked at least 1,250 hours in the previous 12 months.
• An employee can file for FMLA for:
• Their own health condition
• Care for a spouse, child, or parent
• Maternity leave
• Adoption of a Child/Placement of Child for Foster Care
• Bonding with Newborn
• Other reasons available
• While the employee is out on leave, they must provide necessary paperwork within the required timeframe, maintain contact with WorkPartners and their supervisor with any changes in their status and return to work details.

FMLA and Short Term Disability

• Whenever you file a continuous leave for the employee’s own health condition, an employee should file for Short Term Disability (STD).
• (See next page for explanation)
• Even if the employee is going to be off of work for less than one week and will not use, or chooses not to use STD benefits, a STD claim must be filed so that WorkPartners can medically manage the employee’s claim.
• If an employee refuses STD, put that in the FMLA notes, which will be shown later.
• Never file a STD claim for an intermittent leave.

LOA vs. STD

• A leave of absence serves as an employee’s job protection while the employee is away from work.
• LOA’s are unpaid.
• LOA’s can be intermittent.
• LOA’s can be filed for the care of a family member, military service, foster placement.

• Short term disability is how an employee recuperates their benefits while off of work.
• STD does not give an employee job protection.
• STD claims can only be filed if an employee is off for a continuous block of time.
• STD claims can only be filed for an employee’s own medical condition.

Continuous Leave vs. Intermittent Leave and Exceptions

Continuous Leave

Intermittent Leave

• Only file the leave for the dates indicated by the employee.
• Remember to mark a return to work date

• File the leave for 1 year, unless:
• An external client with a different timeframe.
• The employee is pregnant, in which case, file the leave from the indicated date until the employee’s due date.
• Remember to mark a return to work date