COMPASSIONATE CARE HOSPICE
COMPASSIONATE HOME CARE
PROTOCOL FOR FAMILY MEDICAL LEAVE OF ABSENCE (FMLA) OR LEAVE OF ABSENCE
1. The Family Medical Leave Act (FMLA) of 1993, as amended in 2008, applies to employers with 50+ employees. As an overall company, Compassionate Care’ employees are eligible for absence for family and medical reasons and must apply for such a leave pursuant to the terms of the FMLA. These reasons are as follows:
(a) Because of the birth of a son or daughter of the employee and in order to care for son or daughter.
(b) Because of the placement of a son or daughter with the employee for adoption or foster care.
(c) In order to care for the spouse, son, daughter or parent of the employee, if such spouse, son, daughter or parent has a serious health condition.
(d) Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.
(e) Provide care to a spouse, parent or child who is a member of the Armed Forces (including National Guard or Reserves) undergoing outpatient treatment, recuperation or therapy for a serious injury or illness (“Caregiver Leave”).
(f) An immediate family member who is on active duty or is called to active duty to serve in a military operation, and who experience “any qualifying exigency” to be defined by Department of Labor regulations (“Active Duty Leave”).
NOTE: If an employee applied for workers’ compensation or disability, he/she must apply for FMLA concurrently if eligible. Also, the organization may require the employee to substitute any of the employee’s accrued paid vacation leave, personal leave, family leave or any other leave for any part of the period of the FMLA leave.
2. Employees eligible for FMLA are those who have been employed by Compassionate Care for at least twelve (12) months and have worked at least 1250 hours during the previous twelve (12) month period. Leaves of absence to ineligible employees may be granted only at the discretion of senior management. Ineligible employees are bound to follow the same procedures as eligible employees.
3. In the event an employee is not eligible for FMLA and requests another type of leave of absence, such leave shall be approved or disapproved by senior management only. Terms related to the leave of absence will be handled on a case-by-case basis.
4. Eligible employees of Compassionate Care may take up to a total of twelve (12) weeks unpaid leave of absence, with the exception of (1)(e) above, for which up to twenty-six (26) unpaid weeks may be taken, once approved by Compassionate Care. The year will commence with the first day of the employee’s FMLA within the past twelve (12) months. If both a husband and wife are employed by Compassionate Care, both are jointly entitled to only twelve (12) weeks leave per year for the birth, adoption or placement of a child, or to care for a seriously ill parent (but not parent-in-law).
5. Employees must make a reasonable effort to schedule FMLA so not to disrupt the operations of Compassionate Care and to provide maximum notice to the organization, which in most cases is at least thirty (30) days notice.
6. When an employee becomes eligible or requests FMLA or leave, General Counsel and/or Corporate HR Manager must be notified immediately. Upon notification, the office of senior management will mail a letter directly to the employee explaining how leave will be categorized, inform about rights and obligations and paperwork requirements that will include:
(a) “Request for Family/Medical Leave” (this must be requested thirty (30) calendar days prior to when FMLA would start, if a foreseeable event).
(b) “Certification of Health Care Provider” form, which must be completed and signed by a physician (this document must be reviewed no later than fifteen (15) calendar days after the FMLA request is made).
All of the above will be mailed to the employee by certified mail. The program office or inpatient unit will receive a copy of the mailing.
Another document included in the mailing is the “Employer Response to Employee Request for Family or Medical Leave” which highlights these key points:
· Clarification based on their decision whether leave will or will not be counted against annual FMLA (always yes unless determined differently by senior management);
· Due date (should mostly be received before this document is completed and sent) for the “Certification of Health Care Provider” to be returned;
· Verification by employer how benefits can continue while on FMLA and clarification about the premium amounts that the employee must pay to continue coverage on self or dependents, and
· #s 7 and 8 of the “Employer Response to Employee” form must only be completed by senior management for a “key employee.” The explanation of a “key employee” is described on the FMLA regulations.
7. Senior management will determine the number of periodic medical reports required to be furnished while the employee is on FMLA.
NOTE: For pregnancy or for chronic or permanent/long-term conditions, Compassionate Care requires re-certification every thirty (30) days in connection with the employee’s absence. Compassionate Care may require more frequent certification in the employee requests an extension of leave or if there is doubt related to the employee’s stated reason for leave.
8. If, during a period of FMLA accrued time is used, premiums normally paid by the employer will continue, in addition to all payroll deductions unless advised differently from employee. Following use of all accrued time, the employee will automatically be billed for his/her share of premiums. Should the employee opt to discontinue any benefits, human resource liaisons or designees in each program office or inpatient unit must follow current protocols to disenroll the employee or dependent(s).
If the employee’s premium payments are more than 30 days late, written notice will be provided to the employee informing him/her that coverage will cease. 401k deductions can not continue following pay out of accrued time (if employee opts for this) while on FMLA.
9. An employee will be subject to disciplinary action up to and including termination if the employee does not comply with the requirements of FMLA or a leave, or takes FMLA fraudulently or for purposes other than the intended purpose provided and per FMLA guidelines.
10. Before an employee can return to work following FMLA, the employee must provide the company with a completed certification from physician that states current fitness for duty evaluation and return to work notification.
11. If an employee is unable to return to his/her position at the end of the twelve (12) week FMLA leave, then management, after reviewing medical documentation and/or other relevant documentation, will assess whether the employee should be granted additional time off. If additional time off is granted, it may be without medical benefits and the employee may not be restored to his/her original position.
12. If an employee is unable to return to his/her position at the end of the twelve (12) week FMLA leave, or twenty-six (26) weeks for Active Duty Leave, or other leave for medical reasons, then management, after reviewing medical documentation and/or other relevant documentation, will assess whether the employee should be granted additional time off. If additional time off is granted, it may be without medical benefits and the employee may not be restored to his/her original position.
13. If an employee does not return to work at the end of the twelve (12) week FMLA leave or time period designated for other leave, the human resources liaison or designee must contact senior management or legal counsel.
14. ALL DOCUMENTATION RELATED TO FMLA MUST BE KEPT FILED IN THE EMPLOYEE’S CONFIDENTIAL PERSONNEL FILE.
12/2008 Page 3 of 3