FMLA Policy and Employee Rights

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.

Paid and Unpaid Leave

• 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

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.