Risk Management Initiative Family and Medical Leave Act

Risk Management Initiative: Family and Medical Leave Act and University Paid Parental Leave Module Office of the Vice President for Ethics and Compliance Office of the Vice President for Human Resources

Learning Objectives Family and Medical Leave Act (FMLA) • Describe the basic provisions of the University’s policy • Define who is eligible • State examples of serious health conditions • Understand medical certification requirements Paid Parental Leave (PPL) • Explain the general provisions of the University’s policy • Define who is eligible

What are the general FMLA provisions? • Provides 12 -weeks unpaid leave of absence for eligible employees for the following reasons: 1) Serious health condition —Employee’s own —Spouse or same sex domestic partner’s —Parent’s —Child’s —Under age 18 —Age 18 or older with a disability defined under ADA and incapable of self-care 2) Birth, adoption, or foster care placement of a child 3) Qualifying need arising from the employee’s family member’s status as a covered servicemember on active duty or called to active duty status

FMLA Provisions (continued) • Provides 26 -week unpaid leave of absence for eligible employees to care for a covered servicemember with a serious illness or injury incurred in the line of duty on active duty

FMLA Provisions (continued) • Provides job protection ‒ Restore job or place in equivalent job ‒ No adverse employment action or retaliation • Is unpaid leave ‒ University policy requires the use of paid leave time • Maintenance of health insurance ‒ Employees required to pay their share of premium

How much leave is granted under FMLA? • 12 or 26 workweeks per rolling 12 -month period – May not exceed 26 workweeks total • Shared leave when both spouses or partners are employed at Purdue • Intermittent leave or reduced schedule leave

Who is eligible for FMLA? An employee is eligible for FMLA leave when the individual has: Worked at Been least 1, 250 employed by hours during the 12 months the University for at least 12 AND preceding the months start of FMLA leave

What is a serious health condition? Illness, injury or physical or mental condition that: • Involves in-patient care or • Continuing treatment by a health care provider that includes period of incapacity

Serious Health Condition – Inpatient Care • An overnight stay in a hospital, hospice, or residential medical facility • Includes any related incapacity or subsequent treatment

Serious Health Condition – Continuing Treatment by a Health Care Provider due to: • Incapacity Plus Treatment • Pregnancy • Chronic Conditions • Permanent/Longterm Conditions • Absence to Receive Multiple Treatments

Continuing Treatment – Incapacity Plus Treatment Incapacity of more than three consecutive, full calendar days that involves either: • Two treatments – first in-person visit within seven days – both visits within 30 days of first day of incapacity • One treatment – in-person visit within seven days – regimen of continuing treatment • e. g. , prescription medication

Continuing Treatment- Pregnancy Incapacity due to pregnancy or prenatal care

Continuing Treatment – Chronic Conditions • Any period of incapacity or treatment due to a chronic serious health condition, which is defined as a condition that: – requires periodic visits to a health care provider for treatment – continues over an extended period of time – may cause episodic rather than continuing periods of incapacity – e. g. , asthma, diabetes, epilepsy, migraines

Continuing Treatment – Permanent/Long-Term Conditions • A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective ‒ e. g. , Alzheimer’s, severe stroke, terminal stages of a disease

Continuing Treatment- Absence to Receive Multiple Treatments • For restorative surgery after an accident or other injury, or • For conditions that, if left untreated, would likely result in incapacity of more than three consecutive days ‒ e. g, cancer (chemotherapy, radiation, etc. ), severe arthritis (physical therapy), kidney disease (dialysis)

Medical Certification of Serious Health Condition Within 5 days of a request for FMLA leave Purdue may require supporting health care provider certification. • Certification includes: ‒ Health care provider contact information ‒ The starting date and expected duration ‒ Medical facts ‒ A statement of the need for time off ‒ Information on the ability to perform essential functions

Medical Certification Documentation • Standard forms available from Leaves Office • In most cases, employees must return form within 15 days • Certification may be required for family military leave

Medical Certification Clarification If the certification is incomplete, more information may be requested: • University Leaves Office may contact the health care provider • Clarification within seven calendar days • Privacy requirements must be met

Medical Certification – 2 nd and 3 rd Opinions • Leaves Office may request an independent medical examination • University may also request a third opinion – Third opinion is binding and final • University will pay for these opinions • May be requested whether the patient is the employee or a family member

What is Paid Parental Leave (PPL)? • Purdue policy providing parents paid leave due to birth or adoption of a child • No adverse employment action or retaliation for using PPL • Runs concurrently with FMLA

PPL Provisions • If foreseeable, a 30 -day notice to supervisor is expected • Supporting documentation must be submitted after the birth or adoption ‒ Legal documentation establishing adoption ‒ Birth certificate or legal document establishing paternity

Who is eligible for PPL? • All benefits-eligible employees including: ‒ Faculty or Staff ‒ Graduate Staff ‒ Post-Doc • Must be employed a minimum of 12 continuous months, half-time or more at the time of birth or adoption

PPL Allowances • Time is based on CUL. 100% CUL allowance is: ‒ 240 hours (6 weeks) for all eligible employees ‒ Must be used within the first 12 months following birth, adoption or placement of child

How may time be used? • • Continuous Leave Intermittent Leave Reduced Schedule May combine with other leave Note: Intermittent/reduced schedule leave requires supervisory approval.

Summary Family and Medical Leave Act (FMLA) • Federal law requiring employers to: • Grant up to 12 weeks of unpaid leave, 26 weeks under some conditions, for family and medical circumstances • Reinstate employees in the same or equivalent position • Eligible when employed by the University at least 12 months and worked at least 1250 hours during the 12 months preceding the start of leave • Some circumstances require medical certification by a Health Care Provider Paid Parental Leave (PPL) • University Policy that provides parents flexibility and time off to bond with their new child • Must be used within the first 12 months following birth or adoption • Eligible when employed for one continuous year on at least a half-time basis in a benefits-eligible position • Runs concurrently with FMLA

Conclusion • For questions about this training please contact vpeceducation@purdue. edu. • Please be sure to complete the certification quiz in Web. Cert. Thank you!