Family Medical Leave Act
Chronic serious health condition is one which
(1) Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider; (2) Continues over an extended period of time (including recurring episodes of a single underlying condition); and (3) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc
Examples of qualifying exigencies are
(a) Short notice deployment; (b) Military events and related activities; (c) Childcare and school activities; (d) Financial and legal arrangements; (e) Counseling; (f) Rest and recuperation; and (g) Post-deployment activities.
All employees with more than 80 hours of available leave will be placed on FMLA paid leave until their available leave balance reaches
80 hours. Thereafter, such employees shall choose either to continue with paid leave to cover the remainder of their FMLA time or alternate to a FMLA leave without pay status
A leave schedule that reduces the usual number of hours or work per work week, or hours per workday, of an employee. An example of an employee taking leave on a reduced leave schedule is an employee who is recovering from a serious health condition and is not strong enough to work a full-time schedule
Reduced Leave Schedule - A leave schedule that reduces the usual number of hours or work per work week, or
Intermittent leave will be calculated on an incremental basis based on amount of time used and will be counted toward the
12 week/480 work hours (or 26 work weeks "in a single 12-month" period under Military Caregiver Leave provisions) entitlement, or a pro-rated portion for part-time employees. Leave taken on an intermittent or reduced leave basis shall be subtracted on an hour for-hour basis from 12 calendar weeks/480 work hours total allowed under FMLA
A husband and wife are entitled to receive a combined total of
12 weeks/480 work hours (or 26 work weeks/960 work hours in the case of service member family leave) of FMLA Leave
Leave for birth and care, or placement for adoption or foster care must conclude within
12months of the birth or placement.
Military Caregiver Leave - Eligible employees are entitled up to
26 weeks of FMLA "in a single 12-month period to provide care to wounded soldiers, reservists and for family members of military personnel who have a "qualifying exigency." a. The leave can be paid or unpaid, depending upon the accrued leave available
condition for which the FMLA is requested must meet one of the following criteria
A serious health condition that renders the employee unable to perform the essential functions of his job; b. Providing care for a spouse, son, daughter, or parent who has a serious health condition; c. The birth and care of the employee's newborn child; d. Providing care for a newly placed adopted child or foster child care; e. Providing care for an injured family service member; or f. Providing support for active duty military personnel in qualifying exigent circumstances
Permits an eligible employee to take up to 12 weeks FMLA for a qualifying condition to provide support for a covered military member (the employee's spouse, son, daughter, parent, or next of kin of the employee) serving in the National Guard or Reserve to be used for any "qualifying exigency" arising out of the fact the covered military member is on active duty or called to active duty status in support of a contingency operation.
Active Duty (Qualifying Exigency) Leave
Family and Medical Leave Employment Eligibility Requireme
Any civil service, special purpose or temporary JSO employee who has been employed for at least 12 months (need not be consecutive); b. Who has worked at least 1,250 hours during the preceding 12 months prior to the commencement of the requested FMLA leave; and c. An employee's months and hours of active military service will be combined with the months employed and the hours actually worked to meet the required 12-months and the 1,250 work hours of employment
A military operation designated by the Secretary of Defense in which members of the Armed Forces (Active or Reserves) are or may become involved in military actions, a military operation that results in the call or order to, retention of, active duty or reserve during war or national emergency as declared by the President or Congress.
Contingency Operation
A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:A period of incapacity, Treatment two or more times by a health care provider, Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider
Continuing Treatment
A member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.
Covered Service Member
The individual employee who has been employed by the employer for at least 12 months, has been employed for at least 1,250 hours of service during the 12-month prior to the start of leave, and is employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite
Eligible Employee
leave may be paid or unpaid depending upon the accrued leave (e.g., personal, annual or sick leave
FMLA
leave usage is measured/tracked on a "rolling 12-month period" which is measured backward from the date an employee first uses any FMLA leave
FMLA
Leave (up to 12 weeks/480 work hours or 26 weeks in the case of service member leave) that an employer is obligated to provide to an eligible employee under the terms of the federal "Family and Medical Leave Act of 1993
FMLA Upon completion of FMLA medical leave, an employee has the right to be restored to the same or equivalent position. b. To be entitled to restoration, the employee must be able to perform the essential functions (job duties/tasks) of the job and be able to work the required hours of the job
Leave which is taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave of periods from an hour or more to several weeks
Intermittent Leave
a salaried "eligible" employee who is among the highest paid 10 percent of employees within 75 miles of the work site
Key Employee
Permits an eligible employee to take up to 26 weeks FMLA "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
Military Caregiver Leave
amends FMLA of 1993 to permit a "spouse, son, daughter, parent, or next of kin" to take up to 26 work weeks of leave to care for a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.
National Defense Authorization Act (NDAA) - NDAA was signed into law January 28, 2008.
Up to six weeks of paid leave following the birth of an employee's child or newly adopted child
Paid Parental Leave (PPL)
Upon exhaustion of the 12 weeks (480 hours), regardless of what other long-term non-FMLA medical leave may be available to the employee
The employee is no longer entitled to be restored to the same or equivalent position; and b. The employer (JSO) is no longer required to hold open or protect the employee's job. The JSO may fill the position and discontinue benefits.
The 12 months of employment are not required to be consecutive, but must have been within the last seven years except if the break in service is:
a. Due to an employee fulfillment of military obligations; or b. Governed by the collective bargaining unit
Florida law guarantees eligible employees time off of up to three working days in a 12month period to take care of issues such as:
a. To seek an injunction for protection against domestic violence (including repeat violence, dating, or sexual violence); b. To obtain care, counseling, shelter, legal assistance, or security services related to such violence or mental health counseling or both for the employee or a family or household member to address injuries resulting from domestic violence; c. Obtaining services from victims services organizations such as a domestic violence shelter or rape crisis center; d. Making the employee's home secure from the perpetrator of domestic violence or finding a new home to escape the perpetrator; and e. Seeking legal assistance to address issues arising from domestic violence or attending or preparing for court-related proceedings arising from the act of domestic violence.
Intermittent leave may be granted when
an employee or employee's immediate family member's chronic medical condition requires only periodic treatment
An employee's health benefits will be maintained during any period of unpaid FMLA leave under the same conditions as if they continued to work. 8. The 12-month period of FMLA calculation begins with the first date of absence qualifying for Family and Medical Leave, and rolls forward from that date. In other words, the amount of Family and Medical Leave entitlement is based on
how much time (up to 480 work hours or 26 work weeks/960 work hours in the case of Military Caregiver Leave) an employee used during the 12-month period immediately prior to the leave request
The employee will not be requested to provide such an update more often than every 30 days, unless his health care provider specifies a more frequent period, or unless there is reason to believe his condition may have changed. If the condition is described as "lifetime, "chronic" or "unknown", a recertification may be requested
no more than every six months.
If any employee is absent for three consecutive work days on unscheduled leave, their supervisor will,
notify the Human Resources Division's Medical Section designee by email.
The Certification of Health Care Provider applies only to leave for the condition specified. If the employee later requires FMLA for a different purpose, he will need to
obtain a separate certification.
In no case shall the approving supervisor or commanding officer make any reference to domestic violence on the leave request or any
other forms
Documents released from the Human Resources Division or contained in accreditation files must have all
personal identifiable information redacted
Employees who have exhausted all leave must submit their request for Leave for Domestic Related Matters to their
respective division chief
biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age or is 18 years of age or older and incapable of self-care because of a mental or physical disability
son or Daughter
Due to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) all medical documentation must be turned in to
the Human Resources Division's Medical Section designee. No employee or supervisor shall have medical documentation for another employee in their possession. No supervisor should accept medical documentation from a subordinate
When an employee takes FMLA leave, the employee becomes eligible for more FMLA leave on
the anniversary of the day the first leave began
Spouses employed by the same employer are jointly entitled to a combined total of 12 work weeks (or 26 work weeks in the case of Military Caregiver Leave) of family leave for
the birth and care of the newborn child, for placement of a child for adoption or foster care, and to care for a parent who has a serious health condition.
An employee is entitled to Family and Medical Leave as long as a physician (or other legally qualified healthcare provider) certifies the employee's condition (or condition of a family member) necessitates
the employee's absence up to a maximum total of 12 weeks/480 work hours within a 12-month period. JSO has the option to ask for a second opinion from its Medical Review Officer if there is doubt/question about the need for FMLA leave.
If the employee does not return to work at the end of their approved leave of absence without approval for additional absence, the employee shall be considered
to have resigned.
Human Resources Division staff members shall not discuss any medical information about an employee with anyone other than the employee except
what is necessary to accommodate the employee in a light-duty position or with an ADA accommodation