Family and Medical Leave Act

0
0
1779 days ago, 742 views
PowerPoint PPT Presentation
Pay and Hour Division . www.wagehour.dol.gov . Disclaimer. This presentation is proposed as general data just and does not convey the power of lawful opinion.The Department of Labor is giving this data as an open administration. This data and related materials are exhibited to give the free to data on Department of Labor projects. You ought to know that, while w

Presentation Transcript

Slide 1

´╗┐Family and Medical Leave Act Presented by the U.S. Bureau of Labor Wage & Hour Division www.wagehour.dol.gov

Slide 2

Disclaimer This introduction is proposed as general data just and does not convey the drive of lawful conclusion. The Department of Labor is giving this data as an open administration. This data and related materials are introduced to give the community to data on Department of Labor projects. You ought to know that, while we attempt to keep the data opportune and precise, there will frequently be a deferral between authority distributions of the materials and the adjustment of these pages. Subsequently, we make no express or inferred ensures. The Federal Register and the Code of Federal Regulations remain the official hotspot for administrative data distributed by the Department of Labor. We will bend over backward to keep this data current and to right mistakes conveyed to our consideration. www.wagehour.dol.gov

Slide 3

Purpose of the Act Balance the requests of the working environment with the necessities of families Promote the soundness and monetary security of families Promote national interests in saving family uprightness www.wagehour.dol.gov

Slide 4

Topics for Discussion Employer Coverage Employee Eligibility Employer Responsibilities Employee Responsibilities Other Issues Enforcement www.wagehour.dol.gov

Slide 5

Employer Coverage Private area bosses with 50 representatives Public Agencies Public and private basic and auxiliary schools www.wagehour.dol.gov

Slide 6

Employee Eligibility Employed by secured manager Worked no less than 12 months Worked no less than 1250 hours Employed at a work site with 50 representatives inside 75 miles Special standards under the Uniformed Services Employment and Reemployment Rights Act (USERRA) www.wagehour.dol.gov

Slide 7

Employer Responsibilities Provide see Allow over to 12 work filled weeks of unpaid FMLA leave for qualifying reasons Maintain assemble medical coverage Restore the worker to same or comparable occupation and advantages Maintain records www.wagehour.dol.gov

Slide 8

Provide Notice Employers are required to tell workers of their rights and obligations in regards to FMLA surrender www.wagehour.dol.gov

Slide 9

Allow Up To 12 Workweeks of FMLA Leave for Qualifying Reasons A qualified representative is qualified for 12 work filled weeks of unpaid leave in a 12 month time frame for qualifying reasons. www.wagehour.dol.gov

Slide 10

12 Workweeks of Leave might be taken in one square of time Leave might be taken irregularly or on a diminished leave plan www.wagehour.dol.gov

Slide 11

Intermittent/Reduced Leave Schedule Employee is qualified for take discontinuous leave when the leave is medicinally fundamental Employee must get business endorsement when the discontinuous leave is taken for birth or reception www.wagehour.dol.gov

Slide 12

12-Month Period Method dictated by boss Calendar year Any settled 12-month leave year A 12-month duration measured forward A moving 12-month duration measured in reverse www.wagehour.dol.gov

Slide 13

Qualifying Leave Reasons Childbirth and care of the infant kid Placement of a kid for appropriation or child care To administer to a life partner, tyke or parent with a genuine wellbeing condition For the representative's own particular genuine wellbeing condition www.wagehour.dol.gov

Slide 14

Serious Health Condition Inpatient Care, or Continuing Treatment by a Health Care Provider Absence Plus Treatment Pregnancy Chronic Conditions Permanent/Long-term Conditions Absence to Receive Multiple Treatments www.wagehour.dol.gov

Slide 15

Inpatient Care Includes any time of insufficiency requiring an overnight remain in a doctor's facility hospice private therapeutic care office www.wagehour.dol.gov

Slide 16

Continuing Treatment by a Health Care Provider Absence Plus Treatment Incapacity must be for more than 3 back to back timetable days and either includes treatment at least 2 times by a social insurance supplier, or includes treatment 1 time by a human services supplier, trailed by a regimen of proceeding with treatment www.wagehour.dol.gov

Slide 17

Continuing Treatment by a Health Care Provider Pregnancy Incapacity because of pregnancy or pre-birth mind qualifies as a genuine wellbeing condition. www.wagehour.dol.gov

Slide 18

Continuing Treatment by a Health Care Provider Chronic Conditions Any time of insufficiency or treatment because of an unending condition which: requires occasional visits to a human services supplier proceeds over an expanded timeframe may bring about wordy instead of proceeding with times of inadequacy www.wagehour.dol.gov

Slide 19

Continuing Treatment by a Health Care Provider Permanent/Long-Term Conditions Any time of inadequacy which is perpetual or long haul for which treatment may not be successful www.wagehour.dol.gov

Slide 20

Continuing Treatment by a Health Care Provider Absence to Receive Multiple Treatments For remedial surgery after a mischance or other harm or For conditions that if left untreated would likely outcome in insufficiency of more than 3 sequential logbook days www.wagehour.dol.gov

Slide 21

Substitution of Paid Leave Under specific conditions, workers may pick or managers may require the substitution, i.e. utilization of, earned paid leave for unpaid FMLA clear out. www.wagehour.dol.gov

Slide 22

Maintain Group Health Plan Benefits Group wellbeing arrangement benefits must be kept up all through the leave time frame www.wagehour.dol.gov

Slide 23

Maintain Group Health Plan Benefits (proceeded with) Employee must make courses of action to pay his share of the top notch Employee might be required to reimburse the cost of the premium if the worker does not come back to work after leave www.wagehour.dol.gov

Slide 24

Restore the Employee to the Same or Equivalent Job Same or proportionate occupation comparable pay identical terms and conditions equal advantages Employee has no more noteworthy appropriate to reestablishment than had the representative kept on working www.wagehour.dol.gov

Slide 25

Maintain Records Basic finance data Dates FMLA taken Hours of leave if leave is taken in under one entire day Copies of leave notification Documents depicting benefits Premium installments Records of debate www.wagehour.dol.gov

Slide 26

Employee Responsibilities Provide notice of the requirement for leave If asked for by the business: Provide restorative affirmation Provide occasional status reports Provide wellness for-obligation accreditation www.wagehour.dol.gov

Slide 27

Provide Notice of the Need For Leave Employee ought to instruct the business concerning the qualifying explanation behind leave Foreseeable Leave - 30 days see required Unforeseeable Leave - as quickly as time permits www.wagehour.dol.gov

Slide 28

Provide Medical Certification Must be legitimately finished Must be submitted inside 15 days of manager's demand Must give recertification upon boss' demand www.wagehour.dol.gov

Slide 29

Provide Periodic Status Reports Employee must react to boss' demand for data about status and goal to come back to work www.wagehour.dol.gov

Slide 30

Provide Fitness-for-Duty Certification Employer may require before worker comes back to work If state or nearby law or aggregate dealing understanding is set up, it administers the arrival to work www.wagehour.dol.gov

Slide 31

Prohibited Employment Actions Employers can't meddle with, control or deny representatives' entitlement to FMLA release or victimize a representative as a result of inclusion in any procedure identified with FMLA utilize the taking of FMLA leave as a negative figure business activities www.wagehour.dol.gov

Slide 32

Employee and Employer Rights and Responsibilities To compress, representatives and businesses both have rights and duties under the FMLA. www.wagehour.dol.gov

Slide 33

Employee Rights Employees are qualified for: Notice of rights and duties 12 work filled weeks of unpaid leave Intermittent/decreased leave plan Substitution of paid leave Continuation of gathering health care coverage Return to work www.wagehour.dol.gov

Slide 34

Employee Responsibilities Employees have an obligation to: Provide notice of the requirement for leave Provide therapeutic accreditation Provide occasional status reports Provide wellness for-obligation confirmation www.wagehour.dol.gov

Slide 35

Employer Rights Ask inquiries to figure out whether leave is FMLA qualifying Request restorative affirmation Request occasional status reports Require the substitution of paid leave for unpaid FMLA leave Temporarily exchange a worker to an alternate occupation to suit discontinuous leave for arranged medicinal treatment Recover protection premiums in restricted conditions www.wagehour.dol.gov

Slide 36

Employer Responsibilities Employers have a duty to: Provide notice of FMLA rights and duties to representatives Allow up to 12 work filled weeks of unpaid FMLA leave to qualified workers Maintain assemble medical coverage Restore the worker to same or proportionate occupation and advantages www.wagehour.dol.gov

Slide 37

Enforcement Mechanisms To uphold FMLA rights, workers may: File a grievance with Wage and Hour Division File a private claim (Section 107(a)) If the representative documents a private claim, it must be recorded inside two years after the last activity which the worker battles was disregarding the Act, or three years if the infringement was headstrong. www.wagehour.dol.gov

Slide 38

Compliance Assistance Materials - FMLA Family and Medical Leave Act (WH-1418) The Regulations (29 C.F.R. Section 825) E-laws FMLA Advisor (www.dol.gov/elaws/fmla) FMLA Compliance Guide (WH-1421) FMLA Fact Sheet (#28) FMLA Poster (WH-1420) FMLA Compliance Guide/Frequently Asked Questions Medical Certification (WH-380) Employer's Response to Employee Request for FMLA Leave (WH-381) www.wagehour.dol.gov

Slide 39

ADDITIONAL INFORMATION Visit the WHD landing page at: www.wagehour.dol.gov Call the WHD sans toll informat

SPONSORS