FMLA Policy and Employee Rights
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Questions and Answers

What is the maximum amount of leave an employee can take under the Family & Medical Leave Act (FMLA) for personal medical reasons?

  • 8 weeks
  • 10 weeks
  • 14 weeks
  • 12 weeks (correct)

    • What is the primary responsibility of the Human Resources Department regarding the FMLA policy?

  • Post mandatory FMLA Notices
  • Evaluate employee performance
  • Provide legal advice
  • Administer the policy (correct)

    • How many hours must an employee work in the 12-month period prior to requesting leave to be eligible?

  • 1,250 hours (correct)
  • 1,500 hours
  • 1,000 hours
  • 1,750 hours

    • In what circumstance will an employee's break in service NOT affect their eligibility for FMLA leave?

    <p>If it is due to a military service obligation</p> Signup and view all the answers

    What kind of leave can be granted under the Spring Fire Department's FMLA policy?

    <p>Paid, unpaid, or a combination of both</p> Signup and view all the answers

    Which of the following is NOT a requirement for an employee to be eligible for FMLA leave?

    <p>Completed a training program</p> Signup and view all the answers

    What determines the number of hours worked by an employee under the FMLA policy?

    <p>The Fair Labor Standards Act principles</p> Signup and view all the answers

    What type of leave is available for caring for a covered service member under the FMLA?

    <p>Up to 26 weeks</p> Signup and view all the answers

    How many weeks of leave can a married couple both employed by Spring Fire Department take to care for a covered injured or ill service member?

    <p>26 weeks</p> Signup and view all the answers

    What happens to an employee's health benefits while on FMLA leave?

    <p>They continue at the same level as if the employee was working.</p> Signup and view all the answers

    What is required if an employee does not return to work for reasons other than a health condition?

    <p>They must reimburse the health insurance premium paid during the leave.</p> Signup and view all the answers

    How must an employee continue to make health care premium payments while on unpaid leave?

    <p>Payments must be made in person or by mail.</p> Signup and view all the answers

    What may happen if the employee's payment for health care premiums is more than 30 days late?

    <p>The employee's health coverage may be dropped.</p> Signup and view all the answers

    What notification is provided before an employee loses health coverage due to non-payment?

    <p>15 days' notification is provided.</p> Signup and view all the answers

    What may an employee be required to provide upon returning from leave?

    <p>A fitness for duty clearance from their healthcare provider.</p> Signup and view all the answers

    If the Spring Fire Department maintains coverage during the employee's unpaid leave, what may they do after the leave?

    <p>Recuperate costs for paying the employee's share of premiums.</p> Signup and view all the answers

    What is guaranteed for an employee returning from FMLA leave?

    <p>The same position or equivalent position</p> Signup and view all the answers

    What types of leave must be substituted for unpaid FMLA leave when taking leave for a serious health condition?

    <p>All paid vacation, personal, or sick leave</p> Signup and view all the answers

    How can an employee structure their FMLA leave?

    <p>In a single block, intermittently, or as a reduced schedule</p> Signup and view all the answers

    What might Spring Fire Department do with an employee's position during intermittent leave?

    <p>Transfer to a temporary position with equivalent pay and benefits</p> Signup and view all the answers

    What is required when an employee uses military FMLA leave for a qualifying exigency?

    <p>Substitute all accrued vacation and personal leave</p> Signup and view all the answers

    When is the maximum duration of continuous FMLA leave allowable?

    <p>12 weeks</p> Signup and view all the answers

    What type of leave will be designated as FMLA leave and run concurrently with FMLA?

    <p>Workers' compensation leave as qualified</p> Signup and view all the answers

    What happens to accrued paid leave when an employee takes FMLA leave?

    <p>It runs concurrently with unpaid FMLA leave</p> Signup and view all the answers

    What must an employee do in response to a certification request for a family member's serious health condition?

    <p>Respond within 15 days or explain the delay</p> Signup and view all the answers

    What document is used for medical certification of a family member's serious health condition?

    <p>DOL Certification of Health Care Provider for Family Member's Serious Health Condition</p> Signup and view all the answers

    What can Spring Fire Department do if they doubt the medical certification provided?

    <p>Seek a second opinion at their own cost</p> Signup and view all the answers

    What happens if the medical certification is not provided within the stipulated time frame?

    <p>Continuation of leave may be denied</p> Signup and view all the answers

    Who may Spring Fire Department contact to verify the medical certification?

    <p>The employee's family member's healthcare provider</p> Signup and view all the answers

    What rights does Spring Fire Department have if the family member refuses to release medical records?

    <p>They may deny FMLA leave</p> Signup and view all the answers

    What will happen if there is a conflict between the original certification and the second opinion?

    <p>A third doctor’s opinion will be required</p> Signup and view all the answers

    In the event of a third opinion, who is responsible for selecting the doctor?

    <p>Both Spring Fire Department and the employee mutually select the doctor</p> Signup and view all the answers

    What is the timeframe in which an employee must respond to a request for certification of qualifying exigency for military leave?

    <p>15 days</p> Signup and view all the answers

    What might happen if an employee fails to provide certification for military leave?

    <p>Leave may be denied.</p> Signup and view all the answers

    How often can Spring Fire Department request recertification for an employee's serious health condition?

    <p>Every 6 months</p> Signup and view all the answers

    When must an employee provide notice for foreseeable FMLA leave?

    <p>At least 30 days in advance</p> Signup and view all the answers

    Which document is used for certification of qualifying exigency for military leave?

    <p>DOL Form WH-384</p> Signup and view all the answers

    Under what condition can the Spring Fire Department request recertification more frequently than every six months?

    <p>If significant circumstances have changed</p> Signup and view all the answers

    Who must be notified when an employee is requesting FMLA leave?

    <p>The HR Director</p> Signup and view all the answers

    What is the consequence of not providing a reasonable explanation for a delay in submission of certification?

    <p>Continuation of leave may be denied.</p> Signup and view all the answers

    What is the total combined leave that a husband and wife can take to care for an injured or ill service member?

    <p>26 weeks</p> Signup and view all the answers

    What must an employee do if their health care premium payment is more than 30 days late during unpaid leave?

    <p>Health care coverage may be dropped</p> Signup and view all the answers

    What will happen if an employee does not return to work after taking FMLA leave for reasons other than a health condition?

    <p>They must reimburse health insurance premium costs</p> Signup and view all the answers

    What happens to an employee's health coverage while they are on paid leave?

    <p>Coverage continues without employee contributions</p> Signup and view all the answers

    What happens if an employee requests a continuation of benefits during unpaid leave but doesn't make their premium payments?

    <p>Coverage may be discontinued</p> Signup and view all the answers

    What notification will be given to an employee prior to losing health coverage due to non-payment?

    <p>15 days' notice</p> Signup and view all the answers

    What may Spring Fire Department require from an employee returning from FMLA leave?

    <p>A fitness for duty clearance</p> Signup and view all the answers

    What can Spring Fire Department do if they maintain coverage during an employee's unpaid leave?

    <p>They can recover costs from the employee post-leave</p> Signup and view all the answers

    Which statement accurately describes the eligibility criteria for an employee to qualify for FMLA leave?

    <p>An employee must have worked for Spring Fire Department for at least 12 months and 1,250 hours in the past 12 months.</p> Signup and view all the answers

    What is the maximum duration of military caregiver leave available to an employee?

    <p>Up to 26 weeks</p> Signup and view all the answers

    How is an employee's continuous work period calculated for FMLA eligibility?

    <p>All periods of service are counted, provided the break does not exceed seven years.</p> Signup and view all the answers

    What is required for an employee to be considered as employed for an entire week, even during leave?

    <p>The employee must be on the payroll for any part of the week.</p> Signup and view all the answers

    Under which condition can an employee's break in service affect their FMLA eligibility?

    <p>If the break exceeds seven years without a written agreement.</p> Signup and view all the answers

    What determines the number of hours worked by an employee for FMLA eligibility?

    <p>Principles established under the Fair Labor Standards Act (FLSA)</p> Signup and view all the answers

    What is the provision for employees who do not return to work for reasons other than a health condition after taking FMLA leave?

    <p>They may lose their health benefits.</p> Signup and view all the answers

    What may Spring Fire Department request from an employee during the FMLA leave certification process?

    <p>A medical certification for a family member's serious health condition</p> Signup and view all the answers

    What must an employee do if they receive a request for certification of a family member's serious health condition?

    <p>Respond within 15 days.</p> Signup and view all the answers

    How will the Spring Fire Department handle deficiencies in medical certification?

    <p>Provide the employee an opportunity to resolve deficiencies.</p> Signup and view all the answers

    What condition allows the Spring Fire Department to deny FMLA leave?

    <p>If the family member refuses to release relevant medical records.</p> Signup and view all the answers

    Who selects the doctor for a second opinion regarding medical certification?

    <p>The Spring Fire Department.</p> Signup and view all the answers

    What happens if the employee fails to provide medical certification within the specified timeframe?

    <p>Their leave may be denied.</p> Signup and view all the answers

    In the case of conflicting medical opinions, what process is followed?

    <p>A third doctor is mutually selected to provide an opinion.</p> Signup and view all the answers

    What adherence is required by Spring Fire Department when obtaining health information for certification?

    <p>Compliance with HIPAA Medical Privacy Rules.</p> Signup and view all the answers

    What is the consequence for the Spring Fire Department if they doubt a medical certification?

    <p>They can request a second opinion at their expense.</p> Signup and view all the answers

    What is the maximum time frame in which the employee must respond to a request for certification for military family leave?

    <p>15 days</p> Signup and view all the answers

    What could be the result of failing to provide certification for military leave?

    <p>Denial of continuation of leave</p> Signup and view all the answers

    Under what circumstance can recertification for a serious health condition be requested more frequently than every six months?

    <p>When circumstances significantly change</p> Signup and view all the answers

    Who must be notified by an employee when requesting FMLA leave?

    <p>The HR Director</p> Signup and view all the answers

    What document must the employee receive within five business days after notifying of the need for leave?

    <p>DOL Notice of Eligibility and Rights</p> Signup and view all the answers

    Which situation does NOT allow for more frequent requests for recertification?

    <p>The employee returns to work</p> Signup and view all the answers

    When an employee’s need for leave is foreseeable, how much notice is required?

    <p>30 days</p> Signup and view all the answers

    What may Spring Fire Department do if they have doubts about the medical certification provided?

    <p>Request a second opinion from another healthcare provider</p> Signup and view all the answers

    What must an employee do if they take FMLA leave for their own serious health condition?

    <p>Substitute all accrued paid vacation, personal, or sick leave</p> Signup and view all the answers

    How may Spring Fire Department accommodate an employee taking intermittent FMLA leave?

    <p>By temporarily transferring to a similar position with equivalent pay and benefits</p> Signup and view all the answers

    What is required when an employee takes leave for the adoption or foster care of a child under FMLA?

    <p>They must substitute all accrued paid vacation and personal leave</p> Signup and view all the answers

    What happens if an employee uses workers' compensation leave?

    <p>It may be designated as FMLA leave if it qualifies</p> Signup and view all the answers

    Which of the following statements about FMLA leave duration is correct?

    <p>Employees can take 12 consecutive weeks or reduced hours, but not more than the total allowed</p> Signup and view all the answers

    Under what condition can the Spring Fire Department exempt certain key employees from returning to the same position after FMLA leave?

    <p>If they are classified as key employees</p> Signup and view all the answers

    What must be substituted for unpaid FMLA leave when taking leave for a qualifying exigency due to military service?

    <p>All accrued paid vacation and personal leave</p> Signup and view all the answers

    What may an employee do under the family leave provisions if they are caring for an injured service member?

    <p>They can take up to 26 workweeks within a 12-month period</p> Signup and view all the answers

    What is the role of Spring Fire Department concerning employees who are key employees regarding the FMLA leave requirements?

    <p>They may exempt certain key employees from returning to the same or similar position.</p> Signup and view all the answers

    Under what conditions may Spring Fire Department transfer an employee to an alternative position during FMLA leave?

    <p>When the alternative position accommodates a foreseeable intermittent leave schedule.</p> Signup and view all the answers

    Which type of leave must be substituted for unpaid FMLA leave if an employee is taking leave due to the adoption or foster care of a child?

    <p>All accrued paid vacation and personal leave.</p> Signup and view all the answers

    What is the maximum total duration of leave an employee can take under FMLA for caring for an injured or ill service member?

    <p>26 workweeks.</p> Signup and view all the answers

    What constitutes a serious health condition that would require an employee to substitute their accrued paid leave for unpaid FMLA leave?

    <p>A health condition that involves hospitalization or ongoing treatment.</p> Signup and view all the answers

    When is an employee required to substitute all accrued paid vacation and personal leave for FMLA leave?

    <p>When taking leave due to a family member's serious health condition.</p> Signup and view all the answers

    If an employee is taking intermittent leave for treatment, what may Spring Fire Department do with the employee's position?

    <p>Temporarily transfer the employee to an available alternative position with equivalent pay and benefits.</p> Signup and view all the answers

    What happens to workers' compensation leave in relation to FMLA leave?

    <p>It will be designated as FMLA leave and will run concurrently with FMLA.</p> Signup and view all the answers

    What is the maximum amount of time an employee can take for FMLA circumstances related to the serious health condition of the employee?

    <p>12 weeks</p> Signup and view all the answers

    Which of the following conditions would allow an employee to qualify for military caregiver leave?

    <p>Care for an injured service member returning from deployment</p> Signup and view all the answers

    How does the Spring Fire Department calculate the 12-month period for FMLA leave eligibility?

    <p>From January 1st to December 31st of each year</p> Signup and view all the answers

    What total combined leave can a husband and wife working for Spring Fire Department take to care for a newborn child?

    <p>12 weeks combined</p> Signup and view all the answers

    In which of the following instances is leave not counted toward the 1,250 hours eligibility test for FMLA?

    <p>When an employee is on paid vacation</p> Signup and view all the answers

    How many weeks of leave can an eligible employee take for military caregiver leave under FMLA?

    <p>26 weeks</p> Signup and view all the answers

    Which reason is not considered a valid use of FMLA leave?

    <p>Take a vacation</p> Signup and view all the answers

    What must be deducted from the 26 weeks available for military caregiver leave?

    <p>Other FMLA circumstances leave already taken</p> Signup and view all the answers

    What is the maximum weeks of leave a married couple can take collectively to care for a service member?

    <p>26 weeks</p> Signup and view all the answers

    What happens if an employee does not return to work after taking FMLA leave for a non-health-related reason?

    <p>They must reimburse the department for health insurance premiums.</p> Signup and view all the answers

    While on unpaid leave, which condition must be fulfilled regarding health care premium payments?

    <p>Payments must be made in person or mailed and received monthly.</p> Signup and view all the answers

    What may occur if an employee's health care premium payment is received more than 30 days late?

    <p>The employee's health care coverage may be cancelled.</p> Signup and view all the answers

    How may Spring Fire Department handle an employee's premium payments if they maintain coverage during unpaid leave?

    <p>They may recover costs for premium payments made during leave.</p> Signup and view all the answers

    What document might an employee need to provide upon returning from FMLA leave?

    <p>A fitness for duty clearance from their health care provider.</p> Signup and view all the answers

    If an employee pays a portion of the health care premium while on paid leave, what does Spring Fire Department do?

    <p>Continue payroll deductions for the employee's share.</p> Signup and view all the answers

    What notice is provided before an employee loses their health coverage due to non-payment?

    <p>15 days' notification prior to the loss of coverage.</p> Signup and view all the answers

    What must an employee do before taking intermittent leave or reducing their work hours for the birth, adoption, or foster care of a child?

    <p>Mutually agree on a schedule with the Spring Fire Department.</p> Signup and view all the answers

    What will happen if an employee fails to provide the required certification for their serious health condition within 15 days?

    <p>The employee may face a denial of continuation of leave.</p> Signup and view all the answers

    If there is a conflict between the original and second medical certification, what action can Spring Fire Department take?

    <p>They can require the opinion of a third doctor.</p> Signup and view all the answers

    What is one condition under which Spring Fire Department can directly contact an employee's health care provider?

    <p>To clarify deficiencies in the medical certification.</p> Signup and view all the answers

    Under what circumstances can an employee's FMLA leave be denied?

    <p>If the employee refuses to release relevant medical records.</p> Signup and view all the answers

    What requirement must be fulfilled if Spring Fire Department doubts the provided medical certification?

    <p>The department must select and pay for a certification from a second doctor.</p> Signup and view all the answers

    What process must an employee follow if they want to take leave for the birth of a child?

    <p>Agree on a schedule with Spring Fire Department.</p> Signup and view all the answers

    What is the maximum time frame in which an employee must take leave for the birth, adoption, or foster care of a child?

    <p>One year from the birth or placement of the child.</p> Signup and view all the answers

    What action must an employee take if they receive a request for certification regarding a family member's serious health condition?

    <p>Respond within 15 days or explain the delay.</p> Signup and view all the answers

    In what circumstance can Spring Fire Department deny FMLA leave?

    <p>If the employee's family member does not release relevant medical records.</p> Signup and view all the answers

    What process is followed if there is a conflict between the original certification and the second opinion?

    <p>A third opinion will be required.</p> Signup and view all the answers

    Who is responsible for selecting the doctor for a third opinion under the FMLA policy?

    <p>Spring Fire Department and the employee mutually select the doctor.</p> Signup and view all the answers

    What must Spring Fire Department do before contacting the family member's health care provider?

    <p>Allow the employee to address deficiencies in the certification.</p> Signup and view all the answers

    What is the role of Spring Fire Department under HIPAA concerning medical information?

    <p>They must get the employee's family member's permission to clarify health information.</p> Signup and view all the answers

    What happens if the employee fails to provide medical certification within 15 days?

    <p>Their request for FMLA leave may be denied.</p> Signup and view all the answers

    Which document is utilized for medical certification of a family member's serious health condition?

    <p>DOL Certification of Health Care Provider for Family Member's Serious Health Condition.</p> Signup and view all the answers

    Study Notes

    Purpose

    • Spring Fire Department will comply with the Family and Medical Leave Act (FMLA) and its regulations.
    • The department will post the mandatory FMLA Notice and provide new employees with notices required by the U.S. Department of Labor (DOL) on employee rights and responsibilities under FMLA.
    • This policy outlines general employee rights under FMLA.
    • The Human Resources Department will administer this policy.

    Eligibility

    • To qualify for FMLA leave, employees must have worked for Spring Fire Department for 12 months or 52 weeks (need not be consecutive).
    • Employees must have worked at least 1,250 hours during the 12-month period before requesting leave.

    Employee Status and Benefits During Leave

    • Spring Fire Department will continue employee health benefits at the same level and conditions as if the employee continued working.
    • If an employee chooses not to return to work for reasons other than continued serious health conditions, they may be required to reimburse the department for health insurance premiums paid during the leave period.
    • Health insurance premiums will continue to be deducted from payroll for employees on paid leave.
    • Employees on unpaid leave must continue to make premium payments.
    • Life insurance and disability plan contributions may be continued by the department for employees on paid leave.
    • Employees on unpaid leave may request a continuation of such benefits and pay their share of the premiums, or Spring Fire Department may elect to maintain these benefits during the leave and pay the employee's share of the premium payments.

    Employee Status after Leave

    • Employees taking leave under this policy may be asked to provide a fitness for duty (FFD) clearance from a healthcare provider.
    • Generally, an employee who takes FMLA leave will be able to return to the same position or one with equivalent status, pay, benefits, and other employment terms.
    • Spring Fire Department may choose to exempt certain key employees from this requirement and not return them to the same or similar position.

    Use of Paid and Unpaid Leave

    • Spring Fire Department will substitute accrued paid leave for unpaid FMLA leave as allowed by FMLA.
    • Accrued paid leave will run concurrently with unpaid FMLA leave.
    • Employees taking leave due to their own serious health condition or that of a family member must substitute all accrued vacation, personal, or sick leave.
    • Workers' compensation leave (if qualifying) will be designated as FMLA leave and will run concurrently with FMLA.
    • Employees taking leave for adoption or foster care of a child must substitute all accrued paid vacation and personal leave for FMLA leave.
    • Employees using military FMLA for a qualifying exigency must substitute all accrued vacation and personal leave for FMLA leave.
    • Employees using FMLA military caregiver leave must substitute all accrued paid vacation and personal leave for FMLA leave.

    Intermittent Leave or a Reduced Work Schedule

    • Employees may take FMLA leave in 12 consecutive weeks, intermittently, or use the leave to reduce their workweek or workday, resulting in a reduced hour schedule.
    • Leave may not exceed a total of 12 workweeks (or 26 workweeks for military caregiver leave) over a 12-month period.
    • Spring Fire Department may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position better accommodates intermittent or reduced schedules in foreseeable instances of planned medical treatment.

    Certification for the Family Member's Serious Health Condition

    • Spring Fire Department will require certification for a family member's serious health condition.
    • Employees must respond to certification requests within 15 days or provide a reasonable explanation for the delay.
    • Failure to provide certification may result in a denial of leave continuation.
    • Medical certification will be provided using the DOL Certification of Health Care Provider for Family Member's Serious Health Condition.
    • Spring Fire Department may directly contact the employee's family member's healthcare provider for verification or clarification purposes using an HR professional, leave administrator, or management official.
    • Spring Fire Department will not use the employee's direct supervisor for this contact.
    • Prior to direct contact with the healthcare provider, the employee will be given the opportunity to resolve any deficiencies in the medical certification.
    • Spring Fire Department has the right to ask for a second opinion if it has reason to doubt the certification.
    • Spring Fire Department will pay for a second doctor to provide a certification.
    • Spring Fire Department may deny FMLA leave to an employee whose family member refuses to release relevant medical records to the healthcare provider designated to provide a second or third opinion.
    • If necessary to resolve a conflict between certifications, a third doctor will provide an opinion.
    • This third opinion will be considered final.

    Certification of Qualifying Exigency for Military Leave

    • Spring Fire Department will require certification of the qualifying exigency for military family leave.
    • Employees must respond to certification requests within 15 days or provide a reasonable explanation for the delay.
    • Failure to provide certification may result in a denial of leave continuation.

    Certification for Serious Injury or Illness of Covered Service Member for Military Family Leave

    • Spring Fire Department will require certification for the serious injury or illness of the covered service member.
    • Employees must respond to certification requests within 15 days or provide a reasonable explanation for the delay.
    • Failure to provide certification may result in a denial of leave continuation.

    Recertification

    • Spring Fire Department may request medical recertification no more frequently than every 30 days and only when circumstances have changed significantly or if the employer receives information casting doubt on the reason for the absence.
    • Otherwise, recertification requests may occur every six months in connection with an FMLA absence.
    • Spring Fire Department may provide the employee's healthcare provider with attendance records to determine if the need for leave is consistent with the employee's serious health condition.

    Procedure for Requesting FMLA Leave

    • All employees requesting FMLA leave must provide verbal or written notice of the need for the leave to the HR Director.
    • The HR Director must complete and provide the employee with the DOL Notice of Eligibility and Rights within five business days after the employee provides notice.
    • When the need for the leave is foreseeable, the employee must provide the employer with at least 30 days' notice.

    Family & Medical Leave Act (FMLA)

    • Spring Fire Department complies with the Family and Medical Leave Act (FMLA) regulations.
    • Employees are provided with mandatory notices and information regarding their rights and responsibilities under FMLA upon hiring.
    • The Human Resources Department is responsible for administering FMLA policies.

    Eligibility

    • To be eligible for FMLA leave, employees must have worked for Spring Fire Department for at least 12 months or 52 weeks, including non-consecutive periods.
    • Employees must have worked at least 1,250 hours during the 12 months prior to requesting leave.
    • Separate periods of employment will be counted if the break in service does not exceed seven years, or if the break is due to military service or a written rehire agreement.
    • If both spouses are Spring Fire Department employees and need FMLA leave to care for a service member, they can only take a combined total of 26 weeks of leave.

    Leave Benefits

    • Employees on FMLA leave retain health benefits at the same level as if they were working.
    • If an employee chooses not to return to work after FMLA leave, they may be required to reimburse Spring Fire Department for the cost of their health insurance premiums during the leave period.
    • While on paid leave, Spring Fire Department will continue to make payroll deductions for employee health care premiums.
    • While on unpaid leave, employees are responsible for making health care premium payments to the Human Resources Department by the last day of each month.
    • Late payments may result in the loss of health care coverage, with 15 days' notice provided to the employee.
    • During paid leave, payroll deductions will continue for life insurance and disability plan premiums.
    • During unpaid leave, employees can request to continue these benefits and pay their share of premiums, or Spring Fire Department may elect to maintain coverage and pay the employee's share.
    • If an employee does not continue premium payments, Spring Fire Department may discontinue coverage during leave.

    Return to Work

    • Employees returning from FMLA leave may be required to provide a fitness for duty (FFD) clearance from their health care provider.
    • Generally, employees return to the same or a similar position with equivalent status, pay, and benefits.
    • Spring Fire Department may exempt certain key employees from this requirement.
    • Spring Fire Department will substitute accrued paid leave for unpaid FMLA leave as allowed by FMLA.
    • Employees must substitute all accrued paid vacation, personal, or sick leave for FMLA leave related to their own serious health condition or the serious health condition of a family member.
    • Workers' compensation leave will be designated as FMLA leave and run concurrently with FMLA.
    • All accrued paid vacation and personal leave must be substituted for FMLA leave related to adoption, foster care, or military exigency.

    Intermittent Leave and Reduced Work Schedules

    • Employees may take FMLA leave in 12 consecutive weeks, intermittently, or on a reduced work schedule, not exceeding 12 weeks in total.
    • Spring Fire Department may transfer an employee to an alternative position with equivalent pay and benefits to accommodate intermittent or reduced schedules, particularly when leave is foreseeable.

    Certification Requirements

    • Certification is required for the serious health condition of a family member, qualifying military exigency, and serious injury or illness of a covered service member.
    • Employees are required to respond to certification requests within 15 days or provide a reasonable explanation for the delay.
    • Failure to provide certification may result in the denial of continuation of leave.
    • Spring Fire Department can request a second opinion if it doubts the initial certification.
    • A third opinion is required to resolve conflicts between the first and second opinions.

    Recertification

    • Spring Fire Department may request FMLA recertification up to every 30 days if circumstances change significantly, or every six months if deemed necessary.

    Requesting FMLA Leave

    • Employees must notify the HR Director verbally or in writing of their need for FMLA leave.
    • Within five business days, the HR Director will provide the employee with a DOL Notice of Eligibility and Rights.
    • Foreseeable leave requests require at least 30 days' notice.

    Family and Medical Leave Act (FMLA)

    • Employees may take up to 12 weeks of unpaid leave in a 12 month period for certain qualifying circumstances, such as childbirth, adoption, or caring for a family member with a serious health condition
    • The 12-month period for FMLA leave is measured as a calendar year (January 1st - December 31st)
    • Employees are eligible for up to 26 weeks of unpaid leave in a 12-month period for military caregiver leave, which is a rolling 12 month period starting on the day leave is first taken
    • Employees may take FMLA leave intermittently or in a reduced work schedule
    • Intermittent leave or a reduced work schedule must be mutually agreed upon by the employee and Spring Fire Department, particularly for birth, adoption, or foster care
    • Employees must provide medical certification if taking leave due to their own or a family member's serious health condition
    • Spring Fire Department may directly contact the employee's or the family member's health care provider for verification purposes
    • Spring Fire Department may request a second opinion from another doctor at employer expense if there is reason to doubt the medical certification
    • Spring Fire Department will pay for the cost of a second opinion
    • If a third opinion is needed to resolve differences, Spring Fire Department will pay for that as well
    • Employees are provisionally entitled to leave and benefits while awaiting a second or third medical opinion
    • Employees may be asked to provide documentation of their fitness for duty upon returning from leave
    • Employees who take FMLA leave will typically be able to return to their same position or a position with equivalent status, pay, and benefits

    Use of Paid and Unpaid Leave

    • Spring Fire Department allows for accrued paid time off, such as vacation, personal, or sick leave, to run concurrently and substitute unpaid FMLA leave
    • Workers' compensation leave that qualifies as FMLA leave, will run concurrently with FMLA leave
    • Employees taking FMLA leave due to adoption or foster care of a child must substitute all accrued paid vacation and personal leave for FMLA leave
    • Employees using FMLA leave for qualifying exigencies related to military service must substitute all accrued vacation and personal leave for FMLA leave
    • Employees using FMLA for military caregiver leave must substitute all accrued paid vacation and personal leave

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    Related Documents

    Spring Fire Department FMLA Policy PDF

    Description

    This quiz covers the Family and Medical Leave Act (FMLA) as it applies to employees of the Spring Fire Department. It outlines eligibility, employee rights, and benefits during leave. Understand the requirements and regulations you need to know about FMLA.

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