Family and Medical Leave Act Flashcards
What is the Family and Medical Leave Act (FMLA)?
Provides that eligible employees must be allowed to take up to a maximum of 12 work weeks during any 12 month period, which may consist of paid and/or unpaid leave.
FMLA can be used for what situations?
Birth of a child; placement of a child for adoption/foster care; serious health condition making the employee unable to perform their functions; care for a child, spouse, or parent with a serious health condition; qualifying exigency (when employee’s spouse, child, or parent is on active duty or is notified of an impending order to active duty.
For family leave for military illness/injury recuperation, how long is the employee given to care for such person?
Up to 26 weeks of leave during a 12 month period.
For FMLA, what is considered a “serious health condition”?
Any injury that involves overnight stay in a hospital, hospice or residential medical care facility, including any subsequent treatment; illness/injury that causes more than 3 days of incapacity plus at least 2 treatments; illness/injury causing 3 days of incapacity plus at least 2 treatments AND a regiment of continuing treatment for chronic serious condition, twice per year; any period of incapacity due to pregnancy/prenatal care, or a chronic serious health condition, or a permanent or long term health condition, or to receive treatment for restorative surgery.
For domestic violence leave, how long may an employee take off for FMLA?
A period of up to 3 days in any 12 month period, which may consist of paid or unpaid leave.
Domestic violence leave can be used for:
Seeking an injunction against DV; obtaining medical care/mental health counseling; obtaining services from a victim-services organization; making the employee’s home secure; seeking legal assistance or attending court proceedings related to DV.
How long must an employee be employed by the City to be eligible for FMLA?
For at least 6 months preceding the leave.
What form is to be used for submitting FMLA requests?
Certification of Health Care Provider for Family Member’s Serious Health Condition Form WH-380-F.
The form WH-380-F must be submitted to the employee’s supervisor at least ____ days in advance of commencing leave, if possible, but not less than 15 days from the first day of leave as a result of an eligible FMLA event.
30 days
True/False: If an employee has unforeseen circumstances with less than 30 days notice, the employee shall be required to have his/her health care provider complete the appropriate Certification of Health Provider Form.
True
If an employee asks for unscheduled leave, who must determine if the unscheduled leave is related to FMLA leave for the employee’s care for a child, spouse, or parent with a serious health condition, or the employee’s own serious health condition?
Supervisor.
Who will review the appropriate Certification of Health Care Provider form?
The employee’s immediate supervisor or designee.
If FMLA is denied, who does the employee appeal to?
Human Resources Director.
True/False: Employees are permitted to take up to 3 days of leave during any 12 month period if the employee or a family member or household member is the victim of DV.
True.
Information regarding the need for DV leave and the circumstances/documentation regarding such leave must be confidential by the supervisor/department. All documentation must be forwarded to who for retention purposes?
Labor relations.
