SUBJECT: FAMILY AND MEDICAL LEAVE
PURPOSE: To balance the demands of providing excellent services at the workplace with family life and commitment, Medical Staffing Solutions (Company) provides leaves under the Family and Medical Leave Act (FMLA) to eligible employees for certain personal and family medical reasons. This policy is intended to comply with the Family and Medical Leave Act of 1993.
Definitions
The FMLA and its interpretive regulations define certain terms as follows:
"Parent" means an employee's biological parent or an individual who stood in the place of the employee's parent when the employee was a child. The term "parent" includes parents-in-law.
"Serious Health Condition" means an illness, injury, impairment, a physical or mental condition that involves:
- inpatient care in a hospital, hospice, or residential medical care facility;
- outpatient care if the condition involves, or leads to a period of incapacity of more than three days and involves either:
- treatment two or more times by a health care provider, or
- treatment on at least one occasion with a regimen of continuing treatment under the supervision of the health care provider;
- any period of incapacity due to pregnancy or prenatal care;
- any period of incapacity for a chronic serious health condition;
- any period of incapacity of a permanent or long-term nature due to a condition for which treatment may not be effective;
- any period of absence to receive multiple treatments either for restorative surgery after an accident or injury, or for a condition that would likely result in a period of incapacity of more than three calendar days in the absence of medical intervention.
"Son or daughter" means a biological, adopted or foster child, a stepchild or legal ward of an employee, or a child for whom the employee stands in the place of her/his parent, who is either under age 18 or is over age 18 and incapable of self-care because of a mental or physical disability.
"Intermittent leave" means leave taken on an occasional basis for such reasons as medical treatments.
"Reduced schedule leave" means a temporary, but regular, change in the employee's usual number of hours per day or hours per week.
Policy
To be eligible for an FMLA leave, as of the date the FMLA leave is to begin, an employee must have worked for Company:
- for at least 12 months, and
- for at least 1,250 hours during the previous 12 months.
An employee will be assigned FMLA leave for the following reasons:
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Maximum Leave
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(1) Parenting Leave. This type of leave can be taken by an employee to care for a new son or daughter, including by birth or by adoption or foster care placement.
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12 Weeks
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(2) Family Medical Leave. This type of leave can be taken by an employee to care for the "serious health condition" of the employee's spouse, child, or parent.
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12 Weeks
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(3) Employee Medical Leave. This type of leave can be taken by the employee for her or his own "serious health condition," if the condition renders the employee unable to perform her or his essential job functions, including work related injury or illness covered under Indiana Worker's Compensation (Policy B-19).
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12 Weeks
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An employee will be advised through the Corporate Office as to the decision on an FMLA leave request within two business days.
Duration of Leave
FMLA leave may total no more than 12 weeks (based on the employee's normal hours per week) during a 12-month period. A 12-month period for purposes of FMLA leave is a "rolling" 12-month period measured backward for each employee from the date she or he uses FMLA leave.
In the event, spouses are both employed by MSS, they are eligible for an aggregate 12 weeks of FMLA leave, which they may split between them, for birth, adoption or placement of a child, or for care of a sick parent. Each spouse retains any unused FMLA leave time for other FMLA leave purposes.
Intermittent or Reduced Schedule Leave
An employee must provide to HCHSC certification that a medical need for leave exists and that the medical need can best be accommodated through an intermittent or reduced schedule leave. Employees needing intermittent FMLA leave, or FMLA leave on a reduced leave schedule, must attempt to schedule their leave so as not to disrupt MSS’ operations. Current policies will determine if paid time may be taken for these leaves (i.e. sick time, holidays, vacation, etc.).
Intermittent or reduced schedule FMLA leave may not be used for Parenting Leave purposes.
An employee may take intermittent or reduced schedule leave in increments of no less than one hour.
General
Coordination of Benefits
Certain situations (e.g. workers compensation disability) are subject to Federal/State laws and could require planning for coordination with MSS benefit programs during an FMLA leave.
FMLA leave is unpaid time.
Notification Requirements
Thirty (30) days prior to the expected start of an FMLA leave, or as soon as possible, an employee must complete a Request for Leave Form that can be obtained from the Corporate Office. At the time an employee obtains a Request for Leave Form, MSS will provide the employee with a Leave Notice explaining certain rights and responsibilities of the employee regarding FMLA leave.
If an employee requests medical leave, the employee must submit a certification of medical condition from the health care provider, within 15 days, after MSS delivers the Leave Notice and the Request for Leave Form, when possible. In the case of a request for intermittent or reduced schedule leave, the certification must state why the intermittent or reduced schedule leave is necessary and include a schedule for treatment, if applicable.
During FMLA leave, an employee may be required to report periodically on her/his status and intent to return to work.
Medical recertification may be required under certain specific circumstances, for example, when an employee requests an extension for an FMLA leave, when circumstances under an initial certification have significantly changed, or when an employee is unable to return to work after FMLA leave.
Upon the conclusion of an Employee Medical Leave, the employee must present certification to HCHSC from her/his health care provider that she/he is able to return to work. Unless and until an employee provides this certification, the employee will not be able to return to work.
Continuation of Benefits
Health Insurance
Company will maintain an employee's coverage during an FMLA leave provided that the employee pays the premiums during the FMLA leave period. (An employee may choose not to continue coverage.)
Premium payments must be made on the premium due date each month or they can be prepaid at the employee's option.
Arrangements for premium payments must be made through the Corporate Office. Company will discontinue health insurance coverage during FMLA leave if the employee's premium payment is more than 30 days late. A written notice will be provided to an employee before health insurance is discontinued. If an employee does not continue health coverage during FMLA leave, Company will restore regular coverage when the employee returns to work.
Right to Job Restoration
Upon return from FMLA leave an employee will be restored to the same position with equivalent benefits, pay, and other terms and conditions of employment. However, if during an FMLA leave, a layoff or other event occurs that would have changed or eliminated the employee's job had she/he not taken FMLA leave, the returning employee will have the same rights as if she\he had not been on FMLA leave.
If an employee is able to return to work prior to expiration of FMLA leave, the employee must notify her/his supervisor in writing at least 5 days prior to the date on which she/he plans to return.
Termination
If an employee fails to return to work at the expiration of FMLA leave and has not applied for and been granted additional leave time, the employee will be deemed to have voluntarily resigned employment.
If an employee needs additional leave time beyond the maximum time allowed by this policy, she/he may be eligible for leave under the Leave of Absence Policy.
