The Leave Policy
Employees of employers covered under the Federal Family and Medical Leave Act (FMLA) may be
entitled to a leave of absence from the covered employer. An employer is covered under the FMLA if as
of the date an employee gives notice the need for leave; it maintained 50 or more employees on the
payroll during 20 or more calendar workweeks (not necessarily consecutive workweeks) in either the
current or the preceding year. This policy provides employees information concerning FMLA
entitlements and obligations employees may have during such leaves. Regis HR Group administers
leaves under the FMLA for its Worksite Employers upon request. If employees have any questions
concerning FMLA leave, they should contact Regis HR Group at (786) 272-5305.
Employees Eligible for FMLA Leave
Leave is available to “eligible employees”. To be an “eligible employee”, an employee must: (1) have
been employed by a Worksite Employer covered under the FMLA for at Least 12 months (which need not
be consecutive); (2) have been employed by the Worksite Employer for at Least 1250 hours of service
during the 12 month period immediately preceding the commencement of the leave; and (3) be employed
at a worksite where 50 or more employees are located within 75 miles of the worksite.
Employee Entitlements for FMLA Leave
Basic FMLA Leave Entitlement
The FMLA provides eligible employees up to 12 workweeks of unpaid leave for certain family and medical reasons during a 12 month period. The 12 month period is determined based on a rolling 12 month period measured backwards from the date the employee’s leave will be taken. If an employee lives in a state, county, or city which provides more generous benefits, he/she will be given those benefits. Please contact Regis HR Group for any local variations applicable to this policy.
Leave may be taken for any one, or for a combination, of the following reasons:
• To care for the employee’s child after birth or placement for adoption or foster care (Leave taken for this reason must be completed within the 12 month period beginning on the date of birth or placement)
• To care for the employee’s spouse, son, daughter or parent (but not in-law) who has a serious health condition
• For the employee’s own serious health condition (including any period of incapacity due to pregnancy, prenatal medical care or childbirth) that makes the employee unable to perform one or more of the essential functions of the employee’s job; and/or
• Because of any qualifying exigency arising out of the fact that an employee’s spouse, son, daughter or parent is a covered military member on covered active duty or has been notified of an impending call or order to covered active duty status in the armed forces
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirements may be met by a period of incapacity of more than consecutive calendar days combined with at least two visits to a health care provider or one visit and regimen of continuing treatment or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
Additional Military Family Leave Entitlement (Injured Service member Leave)
In addition to the basic FMLA leave entitlement discussed above, an eligible employee who is the spouse, son, daughter, parent or next of kin of a covered service member or covered veteran is entitled to take up to 26 weeks of leave during a single 12 month period to care for service member with a serious injury or illness.
Leave to care for a covered service member or veteran shall only be available during a single 12 month period and, when combined with other FMLA qualifying leave, may not exceed 26 weeks during the single 12 month period. The single 12-month period begins on the first day an eligible employee takes leave to care for the inured service member.
A “covered service member” means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is on the temporary retired list, for a serious injury or illness. A covered service member would have a serious injury or illness if he/she has incurred an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.
A “covered veteran” means a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. A covered veteran would have a serious injury or illness if he/she has incurred a qualifying injury or illness in the line of duty on active duty in the Armed Forces (or existed before beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a Veteran.
Spouses Employed by the Same Worksite Employer
Spouses Employed by the same Worksite Employer are limited to a combined total of 26 workweeks in a single 12 month period if the leave is to care for a covered service member or veteran with a serious injury or illness, and to a combined total of 12 workweeks in a 12 month period if the leave is taken for the birth and care of a newborn child, for placement of a child for adoption or foster care, or to care for a parent who has serious a health condition.
Intermittent Leave and Reduced Leave Schedules
FMLA leave usually will be taken for a period of consecutive days, weeks or months. However, employees also are entitled to take FMLA leave intermittently (in separate blocks of time) or on a reduced leave schedule (reducing the usual number of hours the employee works each workday) when medically necessary due to a serious health condition of the employee or covered family member or the serious injury or illness of a covered service member. Employees will receive their current rate of pay for hours worked and time spent working it will not count against their available FMLA leave.
Protection of Group Health Insurance and Other Benefits
During an approved FMLA Leave, the employee’s group health benefits will be maintained as if the employee continued to be actively employed. However, the employee must continue to pay the employee’s portion, if any, of the group health plan premiums or the employee’s benefits may be cancelled. Accrual of benefits such as PTO and paid time off will be suspended unless otherwise indicated by the employee’s Worksite Employer, during the duration of the leave. Accrual of seniority
will also be suspended during the leave unless otherwise indicated by the employee’s Worksite Employer.
Restoration of Employment and Benefits
At the end of FMLA leave, subject to some exceptions including situations where job restoration of “key employee’s” will cause the worksite employer substantial and grievous economic injury employees generally have a right to return to the same or equivalent positions with equivalent pay, benefits and other employment terms. Employees will be notified if they qualify as “key employees”, if there is an intention to deny reinstatement, and of their rights in such instances. Use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible employee’s FMLA leave.
Notice of Eligibility for, and Designation of, FMLA Leave
Employees requesting FMLA leave are entitled to receive written notice informing them whether they are eligible for FMLA leave and, if not eligible, the reasons why they are not eligible. When eligible for FMLA leave, employees are entitled to receive written notice of:
1) their rights and responsibilities in connection with such leave
2) the designation of leave as FMLA qualifying or non-qualifying, if not FMLA-qualifying, the reasons why
3) the amount of leave, if known, that will be counted against the employee’s leave entitlement
Leave may be retroactively designated as FMLA leave with appropriate written notice to employees, provided the failure to designate leave as FMLA qualifying at an earlier date did not cause harm or injury to the employee.
Employee FMLA Leave Obligations
Provide Notice of the Need for Leave
Employees who take FMLA leave must provide timely notification of their need for FMLA leave. The following describes the timing and content of such employee notices.
Timing of Employee Notice
Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable.
When 30 days’ notice is not possible, or the approximate timing of the need for leave is not foreseeable, employees must provide notice of the need for leave as soon as practicable under the facts and circumstances of the particular case. Employees, who fail to give 30 days’ notice for foreseeable leave without a reasonable excuse for the delay, or otherwise fail to satisfy FMLA notice obligations, may have FMLA leave delayed or denied.
Employees must also follow the Worksite Employer’s usual and customary notice and procedural requirements for requesting time-off or reporting absences when requesting FMLA leave, absent unusual circumstances.
Content of Employee Notice
To trigger FMLA leave protections, employees must inform their immediate supervisor or contact Regis HR Group of the need for FMLA qualifying leave and the anticipated timing and duration of the leave, if known. Employees may do this by either requesting FMLA leave specifically, or explaining the reason for leave so as to allow a determination that the leave is FMLA qualifying.
For example, employees might explain:
• A medical condition renders them unable to perform the functions of their job
• They are pregnant or have been hospitalized overnight
• They or a covered family member are under the continuing care of a health care provider
• The leave is due to a qualifying exigency caused by a covered military member being on active duty or called to active duty status
• If the leave is for a family member that the condition renders the family member unable to perform daily activities or that the family member is a covered service member with a serious injury or illness
Calling in “sick,” without providing the reason for the needed leave, will not be considered sufficient notice for FMLA leave under this policy. Employees must respond to any questions posed to determine if absences are potentially FMLA qualifying.
If employees fail to explain the reasons for FMLA leave, the leave may be denied. When employees seek leave due to FMLA- Qualifying reasons for which the FMLA protected leave has been previously provided, they must specifically reference the qualifying reason for the leave or the need for FMLA leave.
Cooperate in the Scheduling of Planned Medical Treatment (Including Accepting Transfers to Alternative Positions) and Intermittent Leave or Reduced Leave Schedules
When planning medical treatment, employees must consult with the Worksite Employer and make a reasonable effort to schedule treatment so as not to unduly disrupt the Worksite Employer’s operations, subject to the approval of an employee’s health care provider. Employees must consult with the Worksite Employer prior to the scheduling of treatment to work out a treatment schedule which best suits the need of both the Worksite Employer and the employee, subject to the approval of an employee’s health care Provider.
If employees providing notice of the need to take FMLA leave on an intermittent basis for planned medical treatment neglect to fulfill this obligation, the Worksite Employer may require employees to attempt to make such arrangements, subject to approval of the employee’s health care provider. When employees take intermittent or reduced work schedule leave for foreseeable planned medical treatment for the employee or a family member, including during a period of recovery from a serious health condition or to care for a covered service member, the Worksite Employer may temporarily transfer employees, during the period that the intermittent or reduced leave schedules are required, to alternative positions with equivalent pay and benefits for which the employees are qualified and which better accommodate recurring periods of leave.
When employees seek intermittent leave or a reduced leave schedule for reasons unrelated to the planning of medical treatment, upon request, employees must advise the Worksite Employer of the reason why such leave is medically necessary. In such instances, the Worksite Employer and employee shall attempt to work out a leave schedule that meets the employee’s needs without unduly disrupting the Worksite Employer’s operations, subject to the approval of the employee’s health care provider.
Submit Medical Certifications Supporting Need for FMLA Leave (Unrelated to Requests for Military Family Leave)
Depending on the nature of FMLA leave sought, employees may be required to submit medical certifications supporting their need for FMLA qualifying leave. As described below, there generally are three types of FMLA medical certifications; an initial certification, a recertification, and a return to work/fitness for duty certification.
It is the employee’s responsibility to provide timely, complete and sufficient medical certifications. Whenever employees are requested to provide FMLA medical certifications, employees must provide the requested certifications within 15 calendar days after the request, unless it is not practicable to do so despite an employee’s diligent, good faith efforts. Employees shall be informed if submitted medical certifications are incomplete or insufficient and employees will be provided at least seven calendar days to cure deficiencies.
Failure to provide requested certification within 15 days, if such is practicable, may result in delay of further leave until it is provided, and/or may subject the employee to discipline up to and including termination for taking unauthorized leave or for excessive absenteeism. Similarly, employees who fail to timely cure deficiencies will have FMLA leave denied.
With the employee’s permission, the employee’s health care provider may be contacted (through individuals other than an employee’s direct supervisor) to authenticate or clarify completed and sufficient medical certifications. If employees choose not to provide authorization allowing clarification or authentication with health care providers, the FMLA leave may be denied if certifications are unclear.
Whenever it is deemed appropriate to do so, the right to receive timely, complete and/or sufficient FMLA medical certification may be waived.
Initial Medical Certifications
Employees requesting leave because of their own, or a covered relation’s, serious health condition, or to care for a covered service member, must supply medical certification supporting the need for such leave from their health care provider or, if applicable, the health care provider of their covered family or service member. If employees provide at least 30 days’ notice of medical leave, they should submit the medical certification before leave begins. A new initial medical certification will be required on an annual basis for serious medical conditions lasting beyond a single leave year.
If there is a reason to doubt initial medical certifications, employees may be required to obtain a second opinion at the Worksite Employer’s expense. If the opinions of the initial and second health care providers differ, the Worksite Employer may, at its expense, require employees to obtain a third, final and binding certification from a health care provider designated or approved jointly by the Worksite employer and the employee.
Medical Recertification
Depending on the circumstances and duration of FMLA leave, employees may be required to provide recertification of medical conditions giving rise to the need for leave. Employees will be notified if recertification is required and employees will be given at least 15 calendar days to provide recertification.
Return to Work/Fitness for Duty Medical Certifications
Unless employees are notified that providing such certifications is not necessary, employees returning to work from FMLA leaves that were taken because of their own serious health conditions that made them unable to perform their jobs must provide a Return to Work Medical Certification form. The Form must confirm that the employee is able to return to work and (if indicated on the Return to Work Certification Form) the employees ability to perform the essential functions of the employee’s position, with or without reasonable accommodation.
Employees should attempt to give at least one week’s notice by mailing or faxing to his/her supervisor or Regis HR Group at (786) 264-6763 (fax) the return to Work Medical Certification form stating that the employee is able to resume work. However employees must make sure that this notice is received no later than 2 business days before the employee’s return to work at the conclusion of the leave. This is important so that the employee’s return to work is properly scheduled. If the employee’s FMLA leave resulted from a worker’s compensation injury, the employee’s health care provider may send an updated medical work status form to the employee’s Case Manager as soon as the employee’s return to work date is known, even if less than two business days before the employee’s return to work. Employees may obtain Return to Work Medical Certification Forms from their supervisor or Regis HR Group. Job restoration may be delayed and/or denied until employees provide return to
work/fitness for duty certifications.
Submit Certifications Supporting Need for Military Family Leave
Upon request, the first time employees seek leave due to qualifying exigencies arising out of active duty or call to active duty status of covered military members, employees may be required to provide:
1) a copy of the covered military member’s active duty orders or other documentation issued by the military
indicating the covered military member is on active duty or call to active duty stats and the dates of the
covered military member’s active duty service
2) a certification from the employee setting forth information concerning the nature of the qualifying exigency for which leave is requested. Employees shall also provide a copy of the active duty orders or other documentation issued by the military for leaves arising out of qualifying exigencies due to a different active duty or call to active duty status of the same or a different covered military member.
When leave is taken to care for a covered service member with a serious injury or illness employees may be required to obtain certifications completed by an authorized health care provider of the covered service member. In addition, and in accordance with the FMLA regulations, it may be requested that the certification submitted by employees sent forth additional information provided by the employee and or the covered service member confirming entitlement to such leave.
Substitute Paid Leave for Unpaid FMLA Leave
Employees must (unless the Worksite Employer specifically informs employees otherwise) use any accrued paid time while taking unpaid FMLA leave. The substitution of paid time for unpaid FMLA leave time does not extend the length of FMLA leaves and the paid time will run concurrently with an employee’s FMLA entitlement. Employees receiving paid disability benefits (including but not limited to workers compensation and state disability benefits) are not required to use accrued paid time while taking
FMLA Leave. However, upon request, the Worksite Employer may allow employees to use accrued paid time to supplement any paid disability benefits.
FMLA leave does not affect the employee’s eligibility, if any for short or long term disability payments and/or worker’s compensation benefits under those insurance plans. Leaves of absence taken in connection with a disability leave plan or worker’s compensation injury/illness shall run concurrently with any FMLA leave entitlement. For more information regarding the use of accrued paid time off, or eligibility for disability and/or worker’s compensation insurance payments, employees should contact their Supervisor or Regis HR Group.
Pay Employee’s Share of Health Insurance Premiums
As noted above, during FMLA leave, employees are entitled to continued group health plan coverage under the same conditions as if they had continued to work. Unless the employee is notified of other arrangements, whenever an employee is receiving pay during FMLA leave, the employee’s portion of the Group health plan premium will be deducted from the employee’s paycheck in the same manner as if the employee was actively working. If FMLA leave is unpaid employees must pay their portion of the group
health premium. Employees should contact their immediate supervisor to make these arrangements.
If employees return to work owing any employer-made contributions to their insurance premiums to maintain coverage during the leave, reimbursement will be required through payroll deduction immediately upon return from leave as permitted by law. If employees elect not to return to work at the end of the leave period, reimbursement will be required for contributions to the health insurance premiums made to maintain coverage during the employee’s leave, unless the employee cannot return to work because of a serious health condition or because of other circumstances beyond the employee’s control.
Report Periodically Concerning Intent to Return to Work Employees must contact Regis HR Group (786) 272-5305 periodically in accordance with the instructions noted on the FMLA Eligibility Notice (e.g. on the first Tuesday and Thursday of each month) regarding their status and intention to return to work at the end of the FMLA leave period. If an employee’s anticipated return to work date changes and it becomes necessary for the employee to take more or less leave than originally anticipated, the employee must provide the employee’s immediate supervisor or Regis HR Group with reasonable notice (i.e., within 2 business days) of the employee’s changed circumstances and new return to work date. If employees give the Worksite Employer or Regis HR Group unequivocal notice of their intent not to return to work, the Worksite Employer’s obligation to maintain health benefits (subject to Cobra requirements) and to restore their positions ceases.
Coordination of FMLA Leave with Other Leave Policies
The FMLA does not affect any federal, state or local law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights. Leave taken because of the employee’s own serious health condition may be extended under certain circumstances. Please understand that reinstatement from an extended leave of absence (beyond 12 weeks of FMLA Leave) may not be guaranteed and may depend upon the availability of a vacancy for which the employee is qualified.
For additional information concerning leave entitlements and obligations that might arise when FMLA leave is either not available or exhausted, please consult your Worksite Employer’s other leave policies in the employee handbook as applicable or contact your immediate supervisor or Regis HR Group at (786) 272-5305.
Questions and/ or Complaints about FMLA Leave
If employees have questions regarding this FMLA policy, they should contact their immediate supervisor or Regis HR Group. The Worksite Employer and Regis HR Group are committed to complying with the FMLA and whenever necessary, shall interpret and apply this policy in a manner consistent with the FMLA.
The FMLA makes it unlawful to employers to: 1) interfere with, restrain, or deny the exercise of any right provided under FMLA; or 2) discharge or discriminate against any person for opposing any practice made unlawful by FMLA or involvement in any proceeding under or relating to FMLA. If employees believe their FMLA rights have been violated, they should contact Regis HR Group immediately. Any FMLA complaints will be investigated and prompt and appropriate remedial action will be taken to address and/or remedy any FMLA violation. Employees also may file FMLA complaints with the United States Department of Labor or may bring private lawsuits alleging FMLA violations.