FMLA | WorkSmart Systems is a Professional Employer Organization (PEO)

FMLA

Human Resources Center

**All WorkSmart Systems co-employers who have 50 or more employees within a 75-mile radius OR who choose to maintain a FMLA policy are covered under the Family and Medical Leave Act.(FMLA)

What are the requirements an employee must meet in order to be eligible for FMLA?

  • Works for the company for at least 12 months.
  • Worked at least 1,250 hours in the 12 months prior to commencement of the leave.
  • Has not used all available FMLA in the 12 months looking back from the date the requested leave will begin
  • There is a qualifying event

What is considered an FMLA qualifying event?

  • The birth and subsequent care of the employee’s newborn child
  • Placement of a child with the employee for adoption, or by the State for foster care
  • To care for the employee’s spouse, child or parent with a serious health condition
  • The employee’s own serious health condition that prevents him or her from performing the essential functions of the job (including workers’ compensation injuries & approved disability claims)
  • Permits an employee to take FMLA (12-week maximum) for “any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty (or has been notified by an impending call or order to active duty) in the Armed Forces in support of a contingency operation.”

What does FMLA do for the employee?

  • It protects the employee’s job while on Family Medical Leave.
  • It protects the employee’s group health insurance benefits.
  • It does NOT protect an employee from disciplinary action for performance or conduct not related to FMLA absences.

Does FMLA have to be taken all at once, or can it be taken intermittently?
It may be taken intermittently under certain circumstances:

  • Intermittent leave is mandated for serious health conditions and only if the leave is medically necessary.
  • Intermittent leave may be granted for Family Leave (birth, adoption or foster placement), but this is at the discretion of the employer.

What are the responsibilities of the employee?

  • An employee is required to provide a 30-day advance notice of the need to take FML when the need is foreseeable and such notice is practicable.
  • An employee must complete the “Request for Leave” form.
  • An employee must provide medical documentation within 15 days of receiving the form.
  • Must notify employer of intent to return to work two weeks prior to the anticipated date of return.
  • Provide a “release to return to work” with or without restrictions if the leave was due to the employee’s serious health condition.

What are the responsibilities of the employer?

  • Notify WorkSmart Systems if an employee has requested FML or if an employee has been out sick for three or more days.
  • Complete the “Notice to Employees Requesting Leave” form.
  • Restore the employee to their original job or to an equivalent job with equivalent pay upon his / her return.
  • Display the FMLA poster in all offices
  • Document! Document! Document!

How do FMLA, Worker;s Compensation and Short-Term Disability interact?

  • FMLA may run concurrently with short-term disability.
  • FMLA may run concurrently with worker’s compensation.

What should I do if I think an employee qualifies for FMLA?

  • In most cases it is the responsibility of the employer to recognize the need of an employee to take FMLA.
  • In all situations, contact WorkSmart Systems.
  • We handle the leave paperwork from start to finish, track the leave taken and help clients through the transition process.

All other questions regarding FMLA please call our office at 317-585-7870.