Unscheduled Leave Policies

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Questions and Answers

What does Maximum Medical Improvement (MMI) refer to?

  • A period of recovery that lasts up to 104 weeks after an injury. (correct)
  • The date after which further material recovery from an injury can no longer be anticipated. (correct)
  • The point at which no further medical treatment is needed for a recovering employee.
  • The point when an employee is permanently unable to return to work due to their injury.

What is the role of a Medical Advisor as defined in the content?

  • To manage the financial aspects of employee health benefits.
  • To provide legal advice to the City regarding employee injuries.
  • To ensure compliance with workplace safety regulations.
  • To perform medical reviews and evaluations of recovering employees. (correct)

What is a Medical Questionnaire used for?

  • To assess the job performance of an employee returning from leave.
  • To evaluate the psychological background of an employee.
  • To document the financial impact of an employee's absence from work.
  • To query physicians about the medical status of recovering employees. (correct)

What distinguishes Medical Separation from other types of employee removal?

<p>It is a non-punitive and non-disciplinary process. (B)</p> Signup and view all the answers

What qualifies an employee for Military Family Leave?

<p>Having a spouse or family member on active duty in the U.S. military. (B)</p> Signup and view all the answers

What must an employee provide when requesting military family leave for the first time?

<p>Certification with the military member's active duty orders (A)</p> Signup and view all the answers

What is one requirement for the certification document when applying for military family leave?

<p>It must state the dates of covered active duty service (A)</p> Signup and view all the answers

What may happen if an employee refuses a transitional duty assignment while on both workers' compensation and FMLA?

<p>The employee may be denied further workers' compensation payments. (A)</p> Signup and view all the answers

Which activity is prohibited for employees on Family Medical Leave Sick (FMLS)?

<p>Working overtime outside of company hours. (A)</p> Signup and view all the answers

When must the FMLA Coordinator provide the designation notice regarding leave?

<p>Within five business days of the request (D)</p> Signup and view all the answers

What must an employee provide when requesting funeral leave?

<p>Proof of relationship to the deceased. (A)</p> Signup and view all the answers

Under what circumstance can leave be retroactively designated as FMLA leave?

<p>If the failure to designate leave does not cause harm to the employee (A)</p> Signup and view all the answers

Under what conditions can an employee receive additional funeral leave beyond three days?

<p>If there are extreme travel distances or extenuating circumstances. (C)</p> Signup and view all the answers

What should be true of the certification submitted by an employee for it to be considered sufficient?

<p>It must be signed by a healthcare provider (C)</p> Signup and view all the answers

If leave is not designated as FMLA qualifying, what must the FMLA Coordinator do?

<p>Provide a written explanation for the denial (A)</p> Signup and view all the answers

How many calendar days of approved paid funeral leave are employees entitled to for the death of an immediate family member?

<p>Three calendar days. (D)</p> Signup and view all the answers

What constitutes a qualifying exigency for military family leave?

<p>Care activities for a military member's parent incapable of self-care (D)</p> Signup and view all the answers

Who has the discretion to approve funeral leave for relatives other than immediate family?

<p>The Fire Chief or their designee. (D)</p> Signup and view all the answers

What happens if an employee on funeral leave needs additional time due to travel?

<p>They can use their accrued vacation or holiday time. (A)</p> Signup and view all the answers

What action should the FMLA Coordinator take if an employee submits a complete certification?

<p>Designate the leave without further inquiries (B)</p> Signup and view all the answers

What is one consequence of working outside employment while on FMLS?

<p>It may lead to disciplinary action. (C)</p> Signup and view all the answers

What is required of Tier II employees regarding work availability?

<p>They must remain available for duties at the discretion of their supervisor. (A)</p> Signup and view all the answers

What could happen if a Tier II employee fails to report to work without prior approval?

<p>They could face a disciplinary action. (C)</p> Signup and view all the answers

Which statement is true for Tier III employees during emergencies?

<p>They shall follow emergency instructions from civil authorities. (D)</p> Signup and view all the answers

What is expected of employees who are unable to report to work due to conditions?

<p>They should notify their supervisor as soon as possible. (B)</p> Signup and view all the answers

What should Tier III employees be prepared for regarding work recalls?

<p>They must remain available for recall to duty. (B)</p> Signup and view all the answers

What happens after the City’s Emergency Operations Center determines an emergency has subsided?

<p>All employees must report to their scheduled work location. (B)</p> Signup and view all the answers

Which of the following actions should an employee prioritize during difficult conditions for reporting to work?

<p>Making every reasonable effort to report. (B)</p> Signup and view all the answers

When are Tier III employees released from duty by an authorized supervisor?

<p>When there is advance warning of an emergency. (D)</p> Signup and view all the answers

What action must be taken by the District Chief when an employee returns after an absence of more than thirty consecutive calendar days without completing a Return-to-Work Drug Test?

<p>Direct the employee to contact the Risk Management Office. (D)</p> Signup and view all the answers

Which of the following actions is required of employees while on Injured Leave or Transitional Duty Assignment?

<p>Attend all scheduled physician visits. (A)</p> Signup and view all the answers

What is a consequence of failing to submit the DWC073 Form on time?

<p>The cessation of benefits and/or disciplinary action. (C)</p> Signup and view all the answers

Under what condition can employees attend educational courses while on Injured Leave?

<p>With written authorization from specified authorities. (A)</p> Signup and view all the answers

Which of the following is prohibited for employees on Injured Leave?

<p>Applying for outside employment. (D)</p> Signup and view all the answers

What should employees do after every physician visit according to the guidelines?

<p>Submit a DWC073 Form within five calendar days. (D)</p> Signup and view all the answers

When can employees apply for or accept overtime assignments while on Injured Leave?

<p>Only after returning to full duty without restrictions. (C)</p> Signup and view all the answers

What must employees do when they are released to full duty?

<p>Contact the Risk Management Office and their immediate supervisor. (B)</p> Signup and view all the answers

What is required of an employee who has exceeded thirty consecutive calendar days of non-occupational illness or injury leave?

<p>Submit a valid Form 48 every thirty calendar days. (A)</p> Signup and view all the answers

What happens if an employee fails to submit a valid Form 48 when required?

<p>Their paycheck may be permanently docked. (D)</p> Signup and view all the answers

When an employee requests sick leave around a city-designated holiday, what implication does this have?

<p>It may raise questions about the legitimacy of the absence. (D)</p> Signup and view all the answers

What is the purpose of the medical questionnaire issued after ninety consecutive calendar days of leave?

<p>To determine the employee's fitness for work. (B)</p> Signup and view all the answers

What must a supervisor do upon receiving a submitted Form 48?

<p>Complete Section 4 and provide a copy to the employee. (B)</p> Signup and view all the answers

What triggers an attendance review for an employee?

<p>Exceeding four occurrences of absence in a twelve-month period. (C)</p> Signup and view all the answers

How should a supervisor document the submission of Form 48 by an employee?

<p>Using an electronic Form 42. (D)</p> Signup and view all the answers

What may be a result of not submitting a valid Form 48 if requested by a supervisor?

<p>Consideration of the absence as unexcused. (C)</p> Signup and view all the answers

Flashcards

Maximum Medical Improvement (MMI)

The date when a recovering employee is unlikely to improve further, based on medical evidence, or 104 weeks after income benefits start.

Medical Advisor

A qualified doctor hired by the City to review a recovering employee's medical status and recommend treatment for return to work.

Medical Questionnaire

A questionnaire sent to the treating physician to understand how the employee's medical condition affects their ability to work.

Medical Separation

A process for removing an employee from their job due to medical reasons, without any disciplinary action.

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Military Family Leave

Leave given to employees whose family members are on active military duty, allowing them to support their family.

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Military Family Leave Qualifying Exigency

A situation where an employee needs leave for a qualifying reason related to a military member's active duty. This includes caring for a dependent who is incapable of self-care due to the military member's deployment.

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Military Member's Covered Active Duty Orders

Documentation proving a military member's active duty status, including dates of service, provided by the military.

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FMLA Coordinator

A designated individual within a company responsible for managing FMLA leave requests and ensuring compliance.

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FMLA Designation Notice

A formal notification to an employee indicating whether their leave will be considered FMLA-eligible based on the provided information.

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FMLA Designation Notice Timeframe

The timeframe within which the FMLA Coordinator must issue a designation notice to an employee, barring extenuating circumstances.

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Retroactive FMLA Designation

The ability to classify a leave as FMLA leave retrospectively, provided certain conditions are met.

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FMLA Certification Sufficiency

When an employee submits complete medical documentation, the FMLA Coordinator can't ask for more information from the health care provider.

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Mutual Agreement on Retroactive FMLA Designation

The ability for the department and the employee to mutually agree on the retroactive classification of a leave as FMLA leave.

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Transitional Duty Assignment

Refusal of this option may result in denial of workers' compensation and salary continuation benefits.

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Family Medical Leave Sick (FMLS)

This leave allows employees to care for a family member's serious health condition or for their own serious health condition.

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FMLS Restrictions

Employees on FMLS are not allowed to work outside their primary employment or engage in overtime work.

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FMLS and Personal Leave

FMLS hours used by an employee can impact their personal leave eligibility.

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Funeral Leave

Employees may receive up to three calendar days of paid leave for the death of an immediate family member. More time may be granted for extenuating circumstances.

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Funeral Leave for Relatives

The Fire Chief or designee may approve leave for the death of a relative other than an immediate family member.

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Funeral Leave for Non-Family

The Fire Chief or designee may allow an employee to use accrued leave for a funeral of a co-worker, friend, or associate.

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Funeral Leave Policy

This leave allows employees to attend funerals and provides specific guidelines for approval.

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Emergency Response Division Transfer

An employee exceeding 30 consecutive calendar days of leave due to a non-occupational illness or injury is transferred to the Emergency Response Division.

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Form 48 for Non-Occupational Injury

A supervisor requests an employee to submit a Form 48 to verify a non-occupational injury absence, regardless of how close the employee is to using their sick leave.

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Form 48 Penalty

If an employee doesn't submit a Form 48 when required, their paycheck might be permanently reduced.

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Medical Questionnaire after 90 Days

After 90 days of non-occupational injury leave, the employee receives a medical questionnaire to be filled out by their doctor.

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Supervisor's Role in Form 48

The supervisor completes a section on the Form 48 and provides a copy to the employee.

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Form 48 Storage

The supervisor places the original Form 48 in the employee's station file.

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Form 48 Notification

The supervisor emails or faxes the Form 48 to the Sick Leave Coordinator.

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Form 48 Documentation

The supervisor documents the Form 48 submission in the employee's electronic Form 42.

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Tier II Employees

Employees categorized as Tier II are those deemed essential for responding to emergencies and are subject to immediate deployment based on their supervisor's instructions.

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Tier III Employees

Tier III employees are non-classified employees who are not part of the essential Tier II group. They may be released from work before an emergency but are subject to recall.

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Evacuation Orders for Tier III

Tier III employees must follow evacuation orders issued by civil authorities. This means they must evacuate if directed to do so.

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Tier III Recall

Tier III employees remain subject to recall even if they have evacuated the Houston area. They are required to return to work as instructed.

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Reporting After Emergency

Once the city's Emergency Operations Center declares the emergency has subsided, all employees must report to their regular work assignments unless otherwise directed.

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Consequences of Not Reporting

Employees may face disciplinary action, including indefinite suspension, if they fail to report to work or complete assigned duties without prior approval.

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Reporting During Difficult Conditions

Employees must make every reasonable effort to report to work as soon as possible, even if they face difficult conditions.

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Notify Supervisor During Delays

Employees must notify their supervisor as soon as possible about their situation and make every attempt to arrive at their designated work location.

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Drug Test Requirement for Returning Employees

If an employee returns after being out for more than 30 days and hasn't taken a drug test yet, they must submit to one. No safety-sensitive job duties allowed until the test comes back negative.

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Injured Leave Requirements: Attend All Medical Appointments

Employees on injured leave or transitional duty must attend all scheduled doctor visits and follow their treatment plans completely. Failure to do so can lead to disciplinary action or loss of benefits.

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Injured Leave: Submit DWC073 Form Regularly

Injured employees need to submit a specific form (DWC073) to the Risk Management Office within 5 days of every doctor visit, and then again every 30 days.

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Injured Leave Restrictions

Employees on injured leave cannot work any outside jobs, apply for overtime, or take extra training courses without authorization.

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Returning to Full Duty: Communication is Key

When an injured employee is cleared to return to full duty, they should immediately contact their supervisor and the Risk Management Office.

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Study Notes

Houston Fire Department - Unscheduled Leaves and Absences

  • Purpose: Ensure compliance with the Family and Medical Leave Act (FMLA) to allow employees job-protected leave for family/medical reasons. Establish sick leave policy consistent with city ordinances and relevant laws. Provide process for managing return to work after a non-occupational injury or illness. Guarantee wage replacement and medical benefits for injuries during employment.

Objectives

  • Define clear expectations and guidelines: for different types of leave requests, including emergency leave, FMLA, funeral leave, resignation/retirement, severe weather, sick leave, and temporary medical conditions.

Definitions

  • Absence Without Leave (AWOL): Unscheduled absences or tardiness without notification.
  • Act (The Act): The Texas Workers' Compensation Act (including amendments and relevant sections of Texas Labor Code).
  • Covered Active Duty: Duty periods for members of the U.S. Armed Forces, including National Guard or Reserves, in foreign countries or active-duty orders.
  • Covered Servicemember: Current member of U.S. Armed Forces; active duty resulting in injury/illness requiring medical attention, recuperation, or therapy.
  • Covered Servicemember Leave: Leave of up to 26 weeks for those related to eligible service members (spouse, children, parents).
  • Disabling Occupational Injury: Injury or illness during employment preventing return to regular duties.
  • Employee: All those working for the city, whether full-time, part-time, temporary, or permanent.
  • Employee Relations: HFD employee who manages Non-Occupational Injury processes.
  • Family Member: Spouse, child, or parent (including step-relatives) of the employee.
  • Full Duty: Full-time work schedule responsibilities.
  • Health Care Provider: Authorized medical practitioner capable of treating illness/injury (medical doctor, physician assistant, etc.).

Assessment and Definitions

  • Assessment Meeting: Meeting to discuss employee's medical status to assess ability to perform job functions.
  • Benefit Year: 12-month period starting September 1st.
  • Bona Fide Offer of Employment: Written offer for transitional duty assignment with work restrictions.
  • Calendar Year: January 1st to December 31st of each year.
  • Continuing Treatment: Incapacity of more than 3 consecutive full calendar days, with at least two visits to a healthcare provider, or condition that mandates multiple treatments and is chronic, permanent, or long-term.
  • Covered Active Duty: Duty status for members of the U.S.Armed Forces.
  • Covered Servicemember: Current member of U.S. Armed Forces.
  • Covered Servicemember Leave: Leave for those related to eligible service members.
  • Disabling Occupational Injury: Illness/injury that prevents return-to-regular duties.
  • ... and numerous other definitions

Responsibilities and Procedures

  • Clear descriptions of responsibilities for various personnel, including supervisors and the FMLA Coordinator, in handling leave requests, approvals, and managing employee returns to work after injury/illness.
  • ... and many more detailed procedures.

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