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Home My WebLink AboutR&R 103.11 REVISED 1-2014_FMLA103.11 — FMLA Administration Effective. 2/5/2011 Revised: 1/5/2014 Replaces: 103.01 K F� (!if"i I. Guiding PhilosophX The Family and Medical Leave Act of 1993 provides job protection for employees who may need to be off work for specific personal or family -related medical reasons. Considering the unique shift schedules that firefighter's work and the dispersion of job sites, we do our best to administer FMLA within established regulatory parameters, as efficiently as possible, using a standard system. II. Purpose The purpose of this policy is to define the standard system of administering FMLA within Beaumont Fire -Rescue Services. III. Goals The goals of this policy are to: A. Communicate regulatory parameters related to administration of FMLA. B. Set the regulations related to administration of FMLA, associated documentation and behavioural expectations, and the consequences of non-compliance. IV. Definitions A. Continuous Leave — Leave taken for an allowable reason under the Family and Medical Leave Act of 1993 for one continuous period of time. B. Doctor's Excuse — a note from a physician or appropriate licensed practitioner that documents date(s) of illness or injury and, if applicable, lists work restrictions, and/or releases the member to return to work. C. FMLA — Acronym for Family Medical Leave Act. D. Intermittent Leave — Leave taken in separate periods of time due to a single illness of injury, rather than for one continuous period of time. E. Reduced Leave Schedule — A leave schedule that reduces the usual number of hours per work week or hours per work day of an employee. F. Work Release — A note from a physician or appropriate licensed practitioner that provides the status of the employee's current work restrictions and a return to work date. V. Regulatory Parameters A. For civil service members, leave utilized under the Family and Medical Leave Act : Y l Act of the 0 1993 is regulated v1j(jt jt,.!,Y t o M � � Leave a� ��... collective bargaining agreement an Lave, VI. Continuous versus Intermittent Leave A. Continuous Leave 1. Includes one long duration leave event. 2. The twelve week period will be tracked by calendar weeks. (Example: FMLA begins on Wednesday, June 1. Must return from FMLA no later than Wednesday, August 24) B. Intermittent Leave 1. May include periods of leave from an hour or more to several weeks. 2. The twelve week period will be tracked by leave hours used. Total hours of intermittent leave per year are determined by the individual's work assignment: a. 8- or 10 -hour shift= 40 -hour work week = 480 hours FMLA leave b. 12 -hour shift = 42 -hour work week = 504 hours FMLA leave c. 24-hour shift = 48-hour work week = 576 hours FMLA leave A member will use leave in no less than quarter-hour increments. (Example: 2.25 hours). VII. Responsibilities & Administration of FMLA A. Employees will maintain an awareness of and adhere to the responsibilities and procedures in (J j" X04 111/�1.(II.L,eave unless directed otherwise by these regulations. B. Basic Process for Emblovee-Reauested FMLA 1. The employee must submit an Attachment A Requests or FamilE/A edical Leave to the Human Resources Department at City Hall at least 30 days prior to the commencement of leave when the need is foreseeable.' 2. If approved, Human Resources will provide an Attachment B Approval of Family/Medical Leave Form to the employee. 3. The employee will print a copy of the following documents for his/her use while out on FMLA leave: a. Attachment C Certification ofPysician or Practitioner b. The employee's job description c. Attachment H Notice oflntention to Return to Work from Leave ' Blank FMLA forms are available at htlp://cobconnectl 2 Job descriptions are available on the shared G: drive. R&R 103.11 — FMLA Administration Page 2 of 4 4. The employee must submit to Human Resources an Attachment C Certification ofPysician or Practitioner Form, completed by the healthcare provider, within 15 calendar days of the first date of absence or commencement of leave, if practical. Per City policy 2.4-IV. E., the employee may be required to have a health care provider complete an Attachment C form every 30 days. 5. The employee charging FMLA absences to sick leave (SK or SF codes) will submit to Fire Administration a new/updated doctor's excuse (per R&R 103.0113) every thirty days while on FMLA leave. 6. To return to work, when an employee is on leave for his/her own serious health condition, he/she will complete and submit to: a. Human Resources, the Attachment HNotice of Intention to Return to Work from Leave Form, including the healthcare provider's signature, at least two weeks Prior to returning to work AND b. Fire Administration, a work release from his/her physician. y_L ' 7. Employees willrefer to f .-fit J i t o x' . LL for further details on responsibilities and procedures. C. Basic Process for City -Designated FMLA 1. If an employee is using sick leave and is unable to return to work by the fifth (5) calendar day (from the first date of absence), the employee may be placed on FMLA, effective as early as the first date of absence. 2. Notice of FMLA benefits will be provided to the employee by Human Resources. The same procedures will be followed as outlined in Section B. 3. Should the employee on City -designated FMLA fail to provide FMLA paperwork to Human Resources as required: a. Fire Administration will forward any sick leave documentation submitted by the employee to Human Resources. b. The employee may subject him/herself to progressive discipline for failure to respond and/or submit required documentation. D. Human Resources will keep Fire Administration and the Deputy Chiefs informed of FMLA status via email. E. The Deputy Chief is responsible for entering the appropriate Firehouse and HTE activity codes for members using FMLA. The following payroll codes will be utilized in accordance with the Family/Medical Leave Act: FJ FMLA-Off-Duty Injury FM FMLA-Unpaid FZ FMLA-Holiday PF FMLA-Personal Leave SF FMLA-Sick Leave -Family VF FMLA-Vacation WF FMLA On -Duty Injury (Worker's Compensation) R&R 103.11 - FMLA Administration Page 3 of 4 F. If using FMLA, the following documentation will be required to return to work: Worker's Compensation • DWCC73 • DWCC6 • Attachment H OR Work Release OR DWCC6* (*with release to work documented on DWCC6) Non -Worker's Compensation • Attachment H AND Work Release VIII. Consequences of Non -Compliance A. Because FMLA abuse is a serious offense, supervisors will initiate appropriate actions to investigate and document whether abuse has occurred. B. Members with knowledge of FMLA abuse are obliged to report infractions through their chain of command. C. FMLA rules and regulations violations may result in counseling or disciplinary action, as indicated in the following table: R&R 103.11 — FMLA Administration Page 4 of 4 1St Offense 2nd Offense 3rd Offense Nature of Violation Min/Max Min/Max Min/Max 1. Falsification of FMLA documentation 2. Supervisory failure to act in 4 day Suspension/ 8 day Suspension/ 15 day Suspension/ investigating or documenting 8 day Suspension 12 day Suspension Indefinite Suspension FMLA abuse 3. Working second Job, 4 day Suspension/ 8 day Suspension/ 15 day Suspension/ recreational activities, etc. 8 day Suspension 12 day Suspension Indefinite Suspension while on FMLA leave 4. Failure to report known or 2 day Suspension/ 6 day Suspension/ 15 day Suspension/ suspected FMLA abuse 4 day Suspension 12 day Suspension Indefinite Suspension 5. Failure to respond and/or Counseling Written Reprimand 2 day Suspension/ submit required FMLA 4 day Suspension documentation to Human Resources R&R 103.11 — FMLA Administration Page 4 of 4