FMLA: Family and Medical Leave Act 7/16/2024

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Questions and Answers

What is the purpose of this order?

To alert employees to contact the Human Resources Office or the Legal Office of the ECSO for more information.
To provide general information about the rights of Escambia County Sheriff’s Office employees under the Family and Medical Leave Act of 1993. (correct)
To provide detailed explanations of the Family and Medical Leave Act.
To deny employees their rights under the Family and Medical Leave Act.

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

Six workweeks of leave
Twenty-four workweeks of leave
Thirty workweeks of leave
Twelve workweeks of leave (correct)

What is one of the reasons an employee may take leave under the FMLA?

To take a vacation
To attend a wedding
To care for the employee’s spouse, child, or parent who has a serious health condition (correct)
To care for a sibling who has a serious health condition

Who will provide employees with necessary information and assistance in receiving the important rights conferred by this federal statute?

The ECSO through its Human Resources staff (C) Signup and view all the answers

What is the time period within which an employee must care for a newborn child or a newly placed child?

Within one year of birth or placement (C) Signup and view all the answers

What is the statute under which the ECSO will provide employees with the rights to which they are entitled?

The Family and Medical Leave Act of 1993 (A) Signup and view all the answers

What is the purpose of the written notification of FMLA rights provided by the ECSO to employees?

To inform employees of their rights under the FMLA (B) Signup and view all the answers

Who developed the implementing regulations for the FMLA?

The United States Department of Labor (B) Signup and view all the answers

What is the duration of leave provided for a covered service member with a serious injury or illness?

Twenty-six workweeks of leave during a single 12-month period (D) Signup and view all the answers

Can an employee use accrued leave balances to provide continuity of income when taking FMLA leave?

Yes, without any restrictions (A) Signup and view all the answers

What is the combined total of FMLA leave for spouses of each other?

Twelve weeks (B) Signup and view all the answers

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

They will concurrently be placed on FMLA leave if qualified (A) Signup and view all the answers

Under what circumstances can an employee take intermittent FMLA leave or FMLA leave on a reduced leave schedule?

Under certain circumstances with employer approval and certification from a health care provider (C) Signup and view all the answers

What happens if an employee abuses their right to FMLA leave?

They may be subject to discipline, up to and including termination, and lose FMLA protections (D) Signup and view all the answers

How much advance notice must an employee provide when reasonably anticipating the birth or adoption of a child?

Thirty days (A) Signup and view all the answers

Can an employee work extra/off duty jobs during FMLA-designated leave?

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

Who may require an employee to temporarily transfer to an alternate position with equivalent pay and benefits?

The Sheriff (B) Signup and view all the answers

What is provided to employees requesting FMLA leave?

A written explanation of their rights and obligations (B) Signup and view all the answers

How much advance notice must an employee provide to the ECSO before taking FMLA leave for a planned medical treatment?

As much notice as is practical under the circumstances (B), 30 days (C) Signup and view all the answers

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

The employee will lose FMLA protection for the absences (B) Signup and view all the answers

How often must an employee provide medical recertification while on FMLA leave of an indefinite duration?

Every 30 days (B) Signup and view all the answers

Who is responsible for the cost of recertification while on FMLA leave?

The employee (C) Signup and view all the answers

What happens to an employee's insurance benefits when they exhaust all paid leave pursuant to FMLA rights?

The employee is responsible for the payment of insurance benefits (A) Signup and view all the answers

Why is a Fitness for Duty (FFD) certification required when an employee returns from FMLA leave?

To ensure the employee's health and safety (D) Signup and view all the answers

What happens if an employee fails to provide an FFD certification after exhausting FMLA leave?

The employee will be terminated (D) Signup and view all the answers

When can a Fitness for Duty certification be required for an employee returning from intermittent FMLA leave?

If serious concerns exist regarding the employee's ability to resume his/her duties safely (D) Signup and view all the answers

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

The employee will be restored to his/her original or an equivalent position (A) Signup and view all the answers

What is the purpose of the standard form provided by Human Resources for FFD certifications?

To simplify the FFD certification process (B) Signup and view all the answers

When must an employee provide 30 days' prior notice for taking leave?

When leave is foreseeable (C) Signup and view all the answers

Which of the following is NOT a qualifying reason for taking military exigency leave?

Care of a sibling (A) Signup and view all the answers

What should an employee do if they are physically unable to return to work at the end of their approved FMLA leave?

Request and receive approval for additional leave or return to work in a temporary light duty status (B) Signup and view all the answers

Who is entitled to take up to 12 workweeks of unpaid leave in a 12-month period to deal with a qualifying exigency?

Eligible employees whose spouse, child, or parent is on active duty (B) Signup and view all the answers

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

Notify Human Resources (D) Signup and view all the answers

What type of leave allows an employee to take time off for rest and recuperation?

Military Exigency Leave (C) Signup and view all the answers

What is the time frame for healthcare providers to provide certification or recertification?

15 days (A) Signup and view all the answers

What is the purpose of Military Exigency Leave?

To deal with a qualifying exigency related to a military member's active duty (C) Signup and view all the answers

What is required of employees before they can return to work after taking FMLA leave?

A medical certification or clearance (A) Signup and view all the answers

How many workweeks of Military Caregiver Leave can a family member take in a single 12-month period?

26 workweeks (B) Signup and view all the answers

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

Short-notice deployment (A) Signup and view all the answers

Who is considered a 'next of kin' for the purpose of Military Caregiver Leave?

Spouse, son, daughter, parent, or nearest blood relative (A) Signup and view all the answers

What is the combined total of workweeks of leave for any FMLA-qualifying reasons during a single 12-month period?

26 workweeks (D) Signup and view all the answers

How many workweeks of FMLA leave can an employee use for an FMLA-qualifying reason other than military caregiver leave?

Up to 12 workweeks (C) Signup and view all the answers

What happens if an employee fails to provide certification or recertification in a timely manner?

The employee's FMLA leave may be denied (C) Signup and view all the answers

Who can designate the next of kin for the purpose of Military Caregiver Leave?

The covered service member (D) Signup and view all the answers

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Study Notes

Family and Medical Leave Act (FMLA)

The Escambia County Sheriff's Office (ECSO) will provide employees with the rights entitled to them under the Family and Medical Leave Act of 1993.
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 their 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"
Twenty-six 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)

General Guidelines

Although the FMLA does not mandate whether leave is paid or unpaid, the ECSO will allow employees to use any of their accrued leave balances to provide continuity of income when taking FMLA leave.
Employees who are spouses of each other are limited to a combined total of 12 weeks' FMLA leave to care for the birth, adoption, or placement in the home of a foster child where no serious health condition is involved.
An employee who experiences an on-the-job injury and is receiving worker's compensation benefits will concurrently be placed on FMLA leave if qualified.

Employee Responsibilities

An employee who needs FMLA leave must notify his or her supervisor and Human Resources as soon as it is practical and as specified by the FMLA.
Whenever an employee reasonably anticipates the birth of his or her child or the adoption or placement into foster care of a child in the employee's home, the employee is required to provide the ECSO with a minimum of 30 days advance notice before the date of leave is to begin.
Failure to make proper notification and certifications can result in the loss of FMLA protection for the absences.

Certification

Under the FMLA, the employer has the right to require certification by a health care provider regarding the health condition claimed by the employee to necessitate the taking of FMLA leave.
The ECSO will require all employees who are taking FMLA leave to provide certification and recertification from medical providers on a reasonable basis depending upon the specific conditions for which the employee is taking leave.

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.
Leave may be taken intermittently or on a reduced leave schedule when medically necessary.

Military Exigency Leave

Eligible employees with a covered military member serving in the Armed Forces (including the National Guard or Reserves) 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 employee whose spouse, child, or parent is on active duty is entitled to up to 12 workweeks of unpaid leave in a 12-month period to deal with the exigency.
Employee need only provide such notice as is practicable for exigency leave.

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