Family and Medical Leave Act (FMLA) GO 427

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Questions and Answers

What is the purpose of military caregiver leave under the FMLA?

To care for a parent with a serious health condition

To care for a sibling with a chronic illness

To care for a seriously ill spouse

To care for a covered service member with a serious injury or illness (correct)

Can employees use accrued leave balances to provide continuity of income while taking FMLA leave?

No, FMLA leave must be taken without pay

Only for certain types of FMLA leave

Only with manager approval

Yes, employees can use accrued leave balances (correct)

What is the combined total of FMLA leave available to spouses who are employees of the ECSO?

18 weeks

26 weeks

12 weeks (correct)

24 weeks

What happens to an employee who experiences an on-the-job injury and is receiving worker's compensation benefits?

They are automatically placed on FMLA leave Signup and view all the answers

Under what circumstances can intermittent FMLA leave or a reduced leave schedule be taken?

Under certain circumstances with employer approval and appropriate certification Signup and view all the answers

What is required of employees who take FMLA leave for the birth or adoption of a child?

They must take all FMLA leave at once Signup and view all the answers

What is the consequence of abusing one's right to FMLA leave?

Discipline, up to and including termination, loss of leave, and loss of FMLA protections Signup and view all the answers

What must an employee do when notifying the ECSO of their intention to take FMLA leave?

Provide a minimum of 30 days' advance notice Signup and view all the answers

Can employees work extra/off-duty jobs while on FMLA-designated leave?

No, they are not authorized to work extra/off-duty jobs Signup and view all the answers

Who can place an employee on FMLA leave without the employee's request?

The ECSO Signup and view all the answers

What should an employee do when taking FMLA leave to care for a spouse, son, daughter, or parent with a serious health condition?

Make every reasonable effort to schedule treatments so as not to disrupt the operations of the ECSO Signup and view all the answers

What is the minimum advance notice required for scheduled medical treatment?

30 days Signup and view all the answers

What is the primary purpose of this order?

To provide general information on the rights of ECSO employees under the Family and Medical Leave Act Signup and view all the answers

How many workweeks of leave are eligible employees entitled to take in a 12-month period?

Twelve workweeks Signup and view all the answers

What happens if an employee fails to make proper notification and certifications?

The employee's FMLA protection may be lost Signup and view all the answers

How often may the Sheriff request medical recertification for an employee on FMLA leave?

Every 30 days Signup and view all the answers

What is one of the reasons an eligible employee is entitled to take leave under the FMLA?

To care for the employee's spouse, child, or parent who has a serious health condition Signup and view all the answers

Who is responsible for the cost of recertification?

The employee Signup and view all the answers

Who is responsible for providing necessary information and assistance to employees exercising their FMLA rights?

The Human Resources Office Signup and view all the answers

What is required of an employee returning from FMLA leave for their own serious health condition?

A Fitness for Duty certification Signup and view all the answers

What is the purpose of the ECSO providing a written notification of FMLA rights to employees?

To alert employees to contact the Human Resources Office or the Legal Office of the ECSO for more information Signup and view all the answers

What may happen to an employee who fails to provide a Fitness for Duty certification after exhausting FMLA leave?

The employee may be terminated Signup and view all the answers

What is the timeframe within which an employee can take leave to care for a newborn child?

Within one year of birth Signup and view all the answers

What is one of the circumstances under which an eligible employee is entitled to take leave under the FMLA?

The placement with the employee of a child for adoption or foster care Signup and view all the answers

When may Fitness for Duty certifications be required for intermittent FMLA leave?

When serious concerns exist regarding the employee's ability to resume duties safely Signup and view all the answers

What is the source of the law that governs the ECSO's FMLA policy?

The Family and Medical Leave Act of 1993, 29 U.S.C.§ 2611 et seq. Signup and view all the answers

What happens to an employee's position upon return from FMLA leave?

The employee is restored to their original or an equivalent position Signup and view all the answers

What is the purpose of the ECSO's FMLA policy?

To ensure the wellbeing and safety of all employees Signup and view all the answers

What is the requirement for an employee who is physically unable to return to work at the end of their approved FMLA leave?

Request and receive approval for additional leave Signup and view all the answers

What is the supervisor's responsibility when an employee requests FMLA leave?

Notify Human Resources Signup and view all the answers

What is the purpose of certification under the FMLA?

To require certification by a health care provider regarding the health condition claimed by the employee Signup and view all the answers

What is the consequence of failing to provide documentation for certification or recertification?

Denial of further FMLA leave Signup and view all the answers

What is the requirement for employees who take intermittent or reduced leave schedule FMLA leave?

Provide proper certification from the healthcare provider of the employee or the spouse, son, daughter, or parent of the employee suffering from the serious health condition Signup and view all the answers

What is the maximum amount of leave that family members of covered service members may take in a single 12-month period to care for a covered service member?

26 workweeks Signup and view all the answers

Who is eligible for Military Caregiver Leave?

The spouse, son, daughter, parent or next of kin of the covered service member Signup and view all the answers

What is the total amount of leave that an employee may take for any FMLA-qualifying reasons during a single 12-month period?

26 workweeks Signup and view all the answers

How many weeks of leave may be taken for an FMLA-qualifying reason other than military caregiver leave?

Up to 12 weeks Signup and view all the answers

What is the consequence of an employee's failure to return to work at the end of their FMLA leave and failing to receive approval for additional leave or approval to return to work in a temporary light duty status?

Termination of employment Signup and view all the answers

How much FMLA leave is left for military caregiver leave if an employee uses 10 weeks of FMLA leave for their own serious health condition during the single 12-month period?

16 weeks Signup and view all the answers

What is the requirement for employee notification for foreseeable FMLA leave?

30 days' prior notice or such notice as is practicable Signup and view all the answers

What type of FMLA leave can be used for a qualifying exigency while the military member is on covered active duty?

Military Exigency Leave Signup and view all the answers

How much unpaid leave is an eligible employee entitled to for a qualifying exigency in a 12-month period?

12 workweeks Signup and view all the answers

What is the definition of a 'covered service member' under FMLA?

A current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy Signup and view all the answers

What is the definition of a 'son or daughter' under FMLA?

A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, of any age Signup and view all the answers

What is the definition of a 'parent' under FMLA?

A biological parent of an employee or an individual who stands or stood in loco parentis to an employee when the employee was under 18 years of age or incapable of self-care Signup and view all the answers

What is the requirement for an employee to be eligible for FMLA leave?

The employee must have been employed at the ECSO for at least one year and worked at least 1250 hours in the previous 12 months Signup and view all the answers

Which of the following is a qualifying reason for Military Exigency Leave?

All of the above Signup and view all the answers

What is the definition of 'covered active duty' under FMLA?

A member of the Regular Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country Signup and view all the answers

Study Notes

Family and Medical Leave Act (FMLA) Policy

The ECSO will provide all employees with the rights to which they are entitled pursuant to the Family and Medical Leave Act of 1993.
The FMLA policy applies to all eligible employees who have been employed at the ECSO for at least one year and have worked at least 1250 hours in the previous twelve months.

Types of Leave

Eligible employees are entitled to take up to 12 workweeks of paid or unpaid leave in a 12-month period for:
- The birth of a child and to care for the newborn child within one year of birth.
- The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement.
- To care for the employee's spouse, child, or parent who has a serious health condition.
- A serious health condition that makes the employee unable to perform the essential functions of his or her job.
- Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty".
- 26 workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member's spouse, son, daughter, parent, or next of kin (military caregiver leave).

Employee Responsibilities

An employee who needs FMLA leave must notify his or her supervisor and Human Resources as soon as it is practical.
The employee must provide a minimum of 30 days' advance notice before the date of leave is to begin.
The employee is required to provide certification from a healthcare provider for the serious health condition.
The employee is responsible for the cost of recertification.

Supervisor Responsibilities

Supervisors must notify Human Resources any time an employee requests FMLA leave or any time an employee's absence is for one of the reasons set forth in the FMLA policy.

Certification

The employer has the right to require certification by a healthcare provider regarding the health condition claimed by the employee.
The Human Resources Office has forms which are utilized for this purpose.
The ECSO will require all employees who are taking FMLA leave to provide certification and recertification from medical providers on a reasonable basis.

Military Caregiver Leave

Family members of covered service members may take up to 26 workweeks of leave in a single 12-month period to care for a covered service member with a serious illness or injury incurred in the line of duty on active duty.
To be eligible for Military Caregiver Leave, the member must be the spouse, son, daughter, parent, or next of kin of the covered service member.

Military Exigency Leave

Eligible employees with a covered military member serving in the Armed Forces may use FMLA for a qualifying exigency while the military member is on covered active duty, call to covered active duty status, or has been notified of an impending call or order to covered active duty.
Eligible employees are entitled to up to 12 workweeks of unpaid leave in a 12-month period to deal with the exigency.
Examples of qualifying exigencies include:
- Short-notice deployment
- Military events and activities
- Childcare and school activities
- Financial and legal arrangements
- Counseling
- Rest and Recuperation
- Post-deployment Activities
- Care of the military member's parent

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Description

This quiz provides an introduction to the rights of Escambia County Sheriff's Office employees under the Family and Medical Leave Act of 1993. It covers the general information and guidelines for ECSO employees.