Spring Fire Department FMLA Policy PDF

# Spring Fire Department Policies & Procedures ## Family & Medical Leave Act (FMLA) **Document Number:** SFD.051 **Date:** 06/12/23 **Revision Number:** 01 ### **Purpose** - Spring Fire Department will comply with the FMLA and its implementing regulations. - Spring Fire Department will post the m...

# Spring Fire Department Policies & Procedures ## Family & Medical Leave Act (FMLA) **Document Number:** SFD.051 **Date:** 06/12/23 **Revision Number:** 01 ### **Purpose** - Spring Fire Department will comply with the FMLA and its implementing regulations. - Spring Fire Department will post the mandatory FMLA Notice and upon hire provide all new employees with notices required by the U.S. Department of Labor (DOL) on employee Rights and Responsibilities under FMLA. - This document outlines the general description of employees' FMLA rights. - Should there be any conflict between this policy and the applicable law, employees will be afforded all rights required by law. - The Human Resources Department will administer the policy. ### **A. General Provisions** - Spring Fire Department will grant up to 12 weeks (or up to 26 weeks of military caregiver leave to care for a covered service member with a serious injury or illness) during a 12-month period to eligible employees. - The leave may be paid, unpaid or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy. ### **B. Eligibility** To qualify to take family or medical leave under this policy, the employee must meet all of the following conditions: 1. The employee must have worked for Spring Fire Department for 12 months or 52 weeks. - The 12 months or 52 weeks need not have been consecutive. - Separate periods of employment will be counted, provided that the break in service does not exceed seven years. - Separate periods of employment will be counted if the break in service exceeds seven years due to an employee's military service obligations or when there is a written agreement, including a collective bargaining agreement, stating that the employer's intention to rehire the employee after the service break. - For eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of a week, including any period of paid or unpaid leave during which other benefits are provided by the employer. 2. The employee must have worked at least 1,250 hours during the 12-month period immediately before the date when the leave is requested to commence. - The principles established under the Fair Labor Standards Act (FLSA) determine the number of hours worked by an employee. - The FLSA does not include time spent on paid or unpaid leave as hours worked. - Consequently, these hours should not be counted in determining the 1,250 hours eligibility test for an employee under FMLA. ### **C. Type of Leave Covered** To qualify as FMLA leave under this policy, the employee must be taking leave for one of the reasons listed below: 1. The birth of a child and in order to care for that child. 2. The placement of a child for adoption or foster care and to care for the newly placed child. 3. To care for a spouse, child or parent (not a parent in-law) with a serious health condition (described below). 4. The serious health condition (described below) of the employee. 5. Qualifying exigency leave for families of members of the National Guard or Reserves or of a regular component of the Armed Forces when the covered military member is on covered active duty or called to covered active duty. 6. Military caregiver leave (also known as covered service member leave) to care for an injured or ill service member or veteran. 7. Child care and school activities. 8. Post-deployment activities. 9. Additional activities that arise out of active duty provided that the employer and employee agree, including agreement on timing and duration of leave. ### **D. Amount of Leave** - An eligible employee can take up to 12 weeks for the FMLA circumstances (1) through (5) above under this policy during a 12-month period. - Spring Fire Department will measure the 12-month period as calculated by the calendar year (January 1st- December 31st). - Each time an employee takes leave, Spring Fire Department will compute the amount of leave the employee has taken under this policy in the last 12 months and subtract it from the 12 weeks of available leave, and the balance remaining is the amount the employee is entitled to take at that time. - An eligible employee can take up to 26 weeks for the FMLA circumstance (6) above (military caregiver leave) during a 12-month period as a rolling 12-month period measured forward beginning with the first day the employee takes FMLA leave and ends 12 months after that date. - FMLA leave already taken for other FMLA circumstances will be deducted from the total of 26 weeks available. - If a husband and wife both work for Spring Fire Department and each wishes to leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent (but not a parent "in-law") with a serious health condition, the husband and wife may only take a combined total of 12 weeks of leave. - If a husband and wife both work for Spring Fire Department and each wishes to take leave to care for a covered injured or ill service member, the husband and wife may only take a combined total of 26 weeks of leave. ### **E. Employee Status and Benefits During Leave** - While an employee is on FMLA leave, Spring Fire Department will continue the employee's health benefits during the FMLA leave period at the same level and under the same conditions as if the employee had continued to work. - If the employee chooses not to return work for reasons other than continued serious health condition of the employee or the employee's family member or a circumstance beyond the employee's control Spring Fire Department will require the employee to reimburse it the amount it paid for the employee's health insurance premium during the leave period. - If an employee pays a portion of the health care premium, while on paid leave, Spring Fire Department will continue to make payroll deductions to collect the employee's share of the premium. - While on unpaid leave, the employee must continue to make this payment, either in person or by mail. - The payment must be received in the Human Resources Department by the last day of each month. - If the payment is more that 30 days late, the employee's health care coverage may be dropped for the duration of the leave. - Spring Fire Department will provide 15 days' notification prior to the employee's loss of coverage. - If the employee contributes to a life insurance or disability plan, Spring Fire Department will continue making payroll deductions while the employee is on paid leave. - While the employee is on unpaid leave, the employee may request a continuation of such benefits and pay his or her portion of the premiums, or Spring Fire Department may elect to maintain such benefits during the leave and pay the employee's share of the premium payments. - If the employee does not continue these payments, Spring Fire Department may discontinue coverage during leave. - If Spring Fire Department maintains coverage, Spring Fire Department may recover costs incurred for paying the employee's share of any premiums, whether or not the employee returns to work ### **F. Employee Status after Leave** - An employee who takes leave under this policy may be asked to provide a fitness for duty (FFD) clearance from the health care provider. - This requirement will be included in Spring Fire Department's response to the FMLA request. - Generally, an employee who takes FMLA leave will be able to return to the same position or a position 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. ### **G. Use of Paid and Unpaid Leave** - Spring Fire Department will substitute accrued paid leave for unpaid FMLA leave as allowed by FMLA. - The term substitute means that accrued paid leave will run concurrently with unpaid FMLA leave. - An employee who is taking FMLA leave because of the employee's own serious health condition or the serious health condition of a family member must substitute all accrued paid vacation, personal, or sick leave if the reason for the sick leave is a serious health condition or serious injury or illness of the employee. - Workers' compensation leave (to the extent that it qualifies), will be designated as FMLA leave and will run concurrently with FMLA. - An employee who is taking leave for the adoption or foster care of a child must substitute all accrued paid vacation and personal leave for FMLA leave. - An employee who is using military FMLA leave for a qualifying exigency must substitute all accrued vacation and personal leave for FMLA leave. - An employee using FMLA military caregiver leave must substitute all accrued paid vacation and personal leave for FMLA leave. ### **H. Intermittent Leave or a Reduced Work Schedule** - The employee may take FMLA leave in 12 consecutive weeks, may use the leave intermittently (take a day periodically when needed over the year) or, under certain circumstances, may use the leave to reduce the workweek or workday, resulting in a reduced hour schedule. - In all cases, the leave may not exceed a total of 12 workweeks (or 26 workweeks to care for an injured or ill service member over a 12-month period). - Spring Fire Department may temporarily transfer an employee to an available alternative position with the equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule, in instances of when leave for the employee or employee's family member is foreseeable and for planned medical treatment, including recovery from a serious health condition or to care for a child after birth, or placement for adoption or foster care. - For the birth, adoption, or foster care of a child, Spring Fire Department and the employee must mutually agree to the schedule before the employee may take the leave intermittently or work a reduced hour schedule. - Leave for birth, adoption or foster care of a child must be taken within one year of the birth or placement of the child. - Employee's who take intermittent leave or work a reduced schedule for a serious health condition or because of the serious health condition of a family member or service member, must show that intermittent leave is medically necessary. ### **1. Certification for the Employee's Serious Health Condition** - Spring Fire Department will require certification for an employee's serious health condition. - The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. - Failure to provide certification may result in a denial of continuation of leave. - Medical certification will be provided using the Department of Labor (DOL) Certification of Health Care Provider for Employee's Serious Health Condition (http://www.dol.gov/whd/forms/WH-380-E.pdf). - Spring Fire Department may directly contact the employee's health care provider for verification or clarification purposes using a health care professional, an HR professional, leave administrator or management official. - Spring Fire Department will not use the employee's direct supervisor for this contact. - Before Spring Fire Department makes this direct contact with the health care provider, the employee will be given an opportunity to resolve any deficiencies in the medical certification. - In compliance with HIPAA Medical Privacy Rules, Spring Fire Department will obtain the employee's permission of clarification of individually identifiable health information. - 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 the employee to get a certification from a second doctor, which Spring Fire Department will select. - Spring Fire Department may deny FMLA leave to an employee who refuses to release relevant medical records to the health care provider designated to provide a second or third opinion. - If necessary to resolve a conflict between the original certification and the second opinion, Spring Fire Department will require the opinion of a third doctor, and Spring Fire Department will pay for the opinion. This third opinion will be considered final. - The employee will be provisionally entitled to leave and benefits under the FMLA pending second and/or third opinion. ### **J. Certification for the Family Member's Serious Health Condition** - Spring Fire Department will require certification for the family member's serious health condition. - The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. - Failure to provide certification may result in a denial of continuation of leave. - Medical certification will be provided using the DOL Certification of Health Care Provider for Family Member's Serious Health Condition (http://www.dol.gov/whd/forms/WH-380-F.pdf). - Spring Fire Department may directly contact the employee's family member's health care provider for verification or clarification purposes using a health care professional, an HR professional, leave administrator or management official. - Spring Fire Department will not use the employee's direct supervisor for this contact. - Before Spring Fire Department makes this direct contact with the health care provider, the employee will be given an opportunity to resolve any deficiencies in the medical certification. - In compliance with HIPAA Medical Privacy Rules, Spring Fire Department will obtain the employee's family member's permission for clarification of individually identifiable health information. - 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 the employee's family member to get a certification from a second doctor, which Spring Fire Department will select. - Spring Fire Department may deny FMLA leave to an employee whose family member refuses to release relevant medical records to the health care provider designated to provide a second or third opinion. - If necessary to resolve a conflict between original certification and the second opinion, Spring Fire Department will require the opinion from a third doctor. - Spring Fire Department and the employee will mutually select a third doctor, and Spring Fire Department will pay for the opinion. - This third opinion will be considered final. - The employee will be provisionally entitled to leave and benefits under FMLA pending the second and/or third opinion. ### **K. Certification of Qualifying Exigency for Military Leave** - Spring Fire Department will require certification of the qualifying exigency for military family leave. - The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. - Failure to provide certification may result in a denial of continuation of leave. - This certification will be provided using the DOL Certification of Qualifying Exigency for Military Leave (http://www.dol.gov/whd/forms/WH-384.pdf). ### **L. 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. - The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. - Failure to provide certification may result in a denial of continuation of leave. - This certification will be provided using the DOL Certification of Qualifying Exigency for Military Family Leave (http://www.dol.gov/whd/forms/WH-384.pdf). ### **M. Recertification** - Spring Fire Department may request recertification for the serious health condition of the employee or the employee's family member 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, or if the employee seeks an extension of his or her leave. - Otherwise, Spring Fire Department may request recertification for the serious health condition of the employee or the employee's family member every six months in connection with an FMLA absence. - Spring Fire Department may provide the employee's health care provider with the employee's attendance records and ask whether need for leave is consistent with the employee's serious health condition. ### **N. 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. - Within five business days after the employee has provided this notice the HR Director will complete and provide the employee with the DOL Notice of Eligibility and Rights (http://www.dol.gov/whd/fmla/finalrule/WH381.pdf). - When the need for the leave is foreseeable, the employee must provide the employer with at least 30 days' notice. - When an employee becomes aware of a need for FMLA leave less than 30 days in advance, the employee must provide notice of the need for the leave either the same day or the next business day. - When the need for FMLA leave is not foreseeable, the employee must comply with Spring Fire Department's usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances. ### **O. Designation of FMLA Leave** - Within five business days after the employee has submitted the appropriate certification form, the Human Resources Department will complete and provide the employee with a written response to the employee's request for FMLA leave using the DOL Designation Notice (http://www.dol.gov/whd/forms/WH-382.pdf). ### **P. Intent to Return to Work from FMLA Leave** - On a basis that does not discriminate against employees on FMLA, Spring Fire Department may require an employee on FMLA leave to report periodically on the employee's status and intent to return to work.