519 Family Medical Leave Act (V7) Flashcards
- Donated Leave – Applies to all appointed, civil service, and part-time employees with benefits who earn annual leave. Donated leave allows employees to voluntarily provide assistance to their co-workers who are in critical need of leave due to a serious illness or injury of the employee or a member of the employee’s immediate family who requires a recuperation period in excess of _______________.
A. Time Frame
- Donated Leave – Applies to all appointed, civil service, and part-time employees with benefits who earn annual leave. Donated leave allows employees to voluntarily provide assistance to their co-workers who are in critical need of leave due to a serious illness or injury of the employee or a member of the employee’s immediate family who requires a recuperation period in excess of 40 hours.
- Eligible Employee – The individual employee who has been employed by the employer for at
least ____ months, has been employed for at least ___________ hours of service during the ___-months prior to the start of leave, and is employed at a worksite where _____ or more employees are employed by the employer within _____ miles of that worksite. The ____ months of employment are not required to be consecutive, but must have been within the last _________ years except if the break in service is:
- Eligible Employee – The individual employee who has been employed by the employer for at
least 12 months, has been employed for at least 1,250 hours of service during the 12-months prior to the start of leave, and is employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite. The 12 months of employment are not required to be consecutive, but must have been within the last
seven years except if the break in service is:
- Approved FMLA may be paid, unpaid, or a combination of both.
a. All employees with more than ___ hours of available leave shall be placed on FMLA paid
leave until their available leave balance reaches ____ hours. Thereafter, such employees shall choose either to continue with paid leave to cover the remainder of their FMLA time or alternate to a FMLA leave without pay status.
A. Time Frame
- Approved FMLA may be paid, unpaid, or a combination of both.
a. All employees with more than 80 hours of available leave shall be placed on FMLA paid
leave until their available leave balance reaches 80 hours. Thereafter, such employees shall choose either to continue with paid leave to cover the remainder of their FMLA time or alternate to a FMLA leave without pay status.
- Upon exhaustion of the ___ weeks (_____ hours), regardless of what other long-term non-FMLA
medical leave may be available to the employee:
a. The employee is no longer entitled to be restored to the same or equivalent position;
and
b. The employer (JSO) is no longer required to hold open or protect the employee’s job.
JSO may fill the position and discontinue benefits.
- Upon exhaustion of the 12 weeks (480 hours), regardless of what other long-term non-FMLA
medical leave may be available to the employee:
a. The employee is no longer entitled to be restored to the same or equivalent position;
and
b. The employer (JSO) is no longer required to hold open or protect the employee’s job.
JSO may fill the position and discontinue benefits.
Who will notify the immediate supervisor if the employee meets the FMLA requirements?
A. Unit
C. Requirements
1. Employees must submit FMLA requests to the JSO Medical Section designee. The JSO Medical Section designee shall determine if the request qualifies (meets the criteria) for FMLA leave. The JSO Medical Section designee shall notify the employee’s supervisor of the request meets FMLA criteria.
Leave for domestic violence related matters for eligible employees provides up to ________________ in a 12-month period to take of issues listed in the orders.
A. Time Frame
E. Leave for Domestic Violence Related Matters
1. Florida law guarantees eligible employees time off up to three working days in a 12-month
period to take care of issues such as:
E. Leave for Domestic Violence Related Matters
2. Supervisors shall approve requested leave for domestic violence-related matters from an
employee utilizing accumulated leave from the employee’s respective leave accounts.
a. Employees who have exhausted all leave must submit their request for Leave for Domestic Related Matters to their respective ______________.
A. Rank/Position
E. Leave for Domestic Violence Related Matters
2. Supervisors shall approve requested leave for domestic violence-related matters from an
employee utilizing accumulated leave from the employee’s respective leave accounts.
a. Employees who have exhausted all leave must submit their request for Leave for Domestic Related Matters to their respective division chief.
F. FMLA for Military Caregiver and Active Duty (Qualifying Exigency) Leave
1. Military Caregiver Leave – Eligible employees are entitled up to ____ weeks of FMLA in a single
____-month period to provide care to wounded soldiers, reservists and for family members of
military personnel who have a “qualifying exigency.”
A./B. Time Frame
F. FMLA for Military Caregiver and Active Duty (Qualifying Exigency) Leave
1. Military Caregiver Leave – Eligible employees are entitled up to 26 weeks of FMLA in a single
12-month period to provide care to wounded soldiers, reservists and for family members of
military personnel who have a “qualifying exigency.”
- Active Duty (Qualifying Exigency) Leave
a. Eligible employees are entitled up to ____ weeks of FMLA “for a qualifying condition.”
A. Time Frame
- Active Duty (Qualifying Exigency) Leave
a. Eligible employees are entitled up to 12 weeks of FMLA “for a qualifying condition.”
G. FMLA Leave Application Process
3. The employee may be contacted periodically through the duration of his approved FMLA
leave of absence to check on his status and his intention to return to work.
b. The employee shall not be requested to provide such an update more often than every ___________, unless his health care provider specifies a more frequent period, or unless there is reason to believe his condition may have changed. If the condition is described as “lifetime,” “chronic,” or “unknown” a recertification may be requested no more than every ___________.
A. Time Frame
B. Time Frame
G. FMLA Leave Application Process
3. The employee may be contacted periodically through the duration of his approved FMLA
leave of absence to check on his status and his intention to return to work.
b. The employee shall not be requested to provide such an update more often than every 30 days, unless his health care provider specifies a more frequent period, or unless there is reason to believe his condition may have changed. If the condition is described as “lifetime,” “chronic,” or “unknown” a recertification may be requested no more than every six months.
HOw does the Health Insurance Portability and Accountability Act of 1996 affect a supervisor?
J. Protected Health and Medical Documentation
1. Due to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) all medical
documentation must be turned in to the JSO Medical Section designee.
a. No employee or supervisor shall have medical documentation for another employee in their possession.
b. No supervisor shall accept medical documentation from a subordinate.
c. Once received, the JSO Medical Section designee is responsible for notifying the
supervisor of an employee’s medical restriction(s) if applicable.
d. Any questions about an employee’s restrictions shall be handled by the JSO Medical Section designee.
