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New rules regarding the Family Medical Leave Act (FMLA)

The Federal Family Medical Leave Act of 1993 has changed little since it was enacted more than 15 years ago. Recently, however, the act has been modified in an attempt to address “loose ends,” especially those related to military families, explains ITD benefits coordinator Carlin Hill.

The following is an overview of the law, including ITD’s internal procedures:

State policy requires that if employees experience a qualifying event, they must request FMLA – it is not a choice, Hill emphasizes.

ITD Family and Medical Leave Act
Employee rights and responsibilities

Basic leave entitlement
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:

For incapacity due to pregnancy, prenatal medical care or child birth;
To care for the employee’s child after birth, or placement for adoption or foster care;
To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or
For a serious health condition that makes the employee unable to perform the employee’s job.

Military family leave entitlements
Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies.

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.

FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period.

A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

Benefits and Protections
During FMLA leave, the employer portion of the health coverage will continue as if the employee had continued to work. Upon return from FMLA leave, the employee will be restored to their original or equivalent positions with equivalent pay and benefits.
Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.

Eligibility requirements
Employees are eligible if they have worked for the State of Idaho for at least one year and have worked 1,250 hours over the previous 12 months.

Definition of Serious Health Condition
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 requirement may be met by a period of incapacity of more than three (3) consecutive calendar days combined with at least two visits to a health care provider or one visit and a 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.

Use of leave
An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary.

Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the operations of the ITD. Leave due to qualifying exigencies may also be taken on an intermittent basis.

Substitution of paid leave for unpaid leave
Employees may choose to use accrued paid leave while taking FMLA leave. Accrued leave may be used under the FMLA at the employee’s discretion.

Employee responsibilities
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, the employee must provide notice as soon as practicable and generally must comply with ITD’s normal call-in procedures.
Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions; the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave.

Employees also must inform ITD if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.

Employer responsibilities
ITD will inform employees requesting leave whether they are eligible under FMLA. If they are, the notice will specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, ITD will provide a reason for the ineligibility.

ITD will inform employees if leave will be designated as FMLA-protected. If ITD determines the leave is not FMLA-protected, the employee will be notified.

Unlawful acts by employers
FMLA makes it unlawful for any employer to:

Interfere with, restrain, or deny the exercise of any right provided under FMLA;
Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

Enforcement
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.

FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights.

Information regarding FMLA at ITD can also be found in the Accommodation and Return to Work Program Guidebook as well as the ITD Human Resources Manual.

See the State of Idaho FMLA policy.