NEW: The Families First Coronavirus Response Act (HR 6201) was passed containing important employee information related to COVID-19.
Paid FMLA Public Health Emergency (PHE) Leave:
1. Effective April 1 through December 31, 2020
2. Applies to employers with less than 500 employees and all governmental employers
3. Employees employed more than 30 days are eligible for this leave
4. Leave is allowed for up to 12 weeks, and the first 10 days is unpaid and the remaining 10 weeks will be paid at two-thirds of base compensation pay, up to $200 daily, for a total of $10,000
- Employees may utilize Emergency Paid Sick Leave for the first 10 days as described on the HR Sick Leave webpage located at http://www.wright.edu/human-resources/benefits/sick-leave.
5. Eligibility is determined if the employee is unable to work (or telework) due to need for leave because care is needed for a son or daughter under age 18 whose school or child care is unavailable because of COVID-19.
The definition of a serious health condition has been expanded due to the COVID-19. This involves continuing treatment by a health care provider (HCP) that results in incapacity of more than three consecutive calendar days with two or more in-person visits to an HCP within 30 days, OR one in-person visit with regimen of continuing treatment (e.g. prescriptions, physical therapy). Plus, inability to work, attend school or perform other regular daily activities.
What is FMLA?
FMLA stands for Family Medical Leave Act and provides up to 12 weeks of job-protected leave to eligible employees under certain circumstances, and up to 26 weeks for military caregiver leave.
Who is eligible?
To be eligible for FMLA, you must meet two conditions:
- You must have at least one year of service with Wright State; and
- You must have worked at least 1,250 hours at Wright State during the 12-month period immediately before the date the FMLA is to start.
When should an employee contact HR regarding a need for FMLA?
- An overnight stay in a hospital, hospice, or residential medical care facility (includes any period of incapacity or any subsequent treatment in connection with the overnight stay),
- Conditions (health, accident, injury) requiring multiple treatments or that would result in a period of incapacity of more than three consecutive, full calendar days and any subsequent treatment or period of incapacity relating to the same condition,
- Chronic conditions that may cause episodic and/or continuing period of incapacity,
- Permanent or long-term conditions.
Reasons for Using FMLA
Up to 12 weeks:
- The birth of a child and to care for a newborn child within one year of birth,
- The placement with the employee of a child for adoption or foster care and to care for a newborn with the newly placed child within one year of placement,
- A serious health condition that makes the employee unable to perform the functions of his or her job, including incapacity due to pregnancy and for prenatal medical care,
- To care for the employee’s spouse, son, daughter, or parent who has a serious health condition, including incapacity due to pregnancy and for prenatal medical care;
- Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.
Up to 26 weeks:
- For a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the service member (referred to as military caregiver leave).
FMLA Process and Definitions:
Payment During Leave
FMLA runs concurrently with the use of other paid leaves. FMLA may be unpaid leave unless the employee has accrued sick leave and/or vacation hours and/or compensatory hours which he/she is eligible to use for the purpose of the leave. Employees are required to use all their accrued and available leave during an FMLA leave. Sick leave may not be used under the FMLA to care for a newborn or for adoption or foster care placement, or for military exigency leave. Such FMLA leaves will be paid by vacation hours and/or compensatory hours or will remain unpaid.
Upon expiration of FMLA leave, an employee who is still unable to return to work due to his/her own serious health condition may apply for disability benefits (if applicable).
Submitting FMLA Hours
For timekeeping purposes, you are required to record your FMLA hours in Wings Express within your timesheet or leave report’s comment section for your leave and provide a copy of this at least every two weeks via email@example.com.
Benefits While on Leave
During any period of unpaid FMLA leave, an employee who has medical, dental, vision, supplemental life, and/or short term disability coverages, and/or a flexible spending account, is eligible to continue these coverages provided that the employee continues to pay the employee’s share of such coverages. Failure to pay the employee contribution amounts may result in cancellation of such coverages or, should the university choose to make such payments on the employee’s behalf during any unpaid leave in order to keep coverages in place, the employee’s obligation to repay such amounts upon return to work. When an employee who has elected to discontinue one or more of his/her medical, dental, vision, supplemental life, or short term disability coverages and/or a flexible spending account during his/her FMLA leave and returns to work after the leave, those benefits will be restored to the level of coverage available at the time the leave began. Any outstanding premiums may be deducted from the employee’s pay upon return to work.
During any period of unpaid FMLA leave, the university will not pay salary or wages, holiday pay, winter leave, or university closure pay, or contribute toward retirement benefits or health savings account, or provide for the accumulation of sick leave or vacation leave.
Return to Work Procedure
Prior to your return, a Return to Work Certification must be completed by your attending physician. This should be submitted to HR at least two business days prior to your return to work on a regular scheduled workweek. If returning on a reduced work schedule or returning with work restrictions, a new physician’s note will be required. If certification is not received within two business days prior to returning, the day of return may be delayed.
Upon return from an FMLA-covered leave, the employee will be returned to his/her original position or to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment (subject to certain exceptions permitted by law).
- Request for FMLA leave of absence (PDF)
- Physician certifications:
- Certification of Health Care Provider for Employee’s Serious Health Condition (WH-380-E) (PDF)
- Certification of Health Care Provider for Family Member’s Serious Health Condition (WH-380-F) (PDF)
- Certification of Qualifying Exigency for Military Family Leave (WH-384( (PDF)
- Certification for Serious Injury or Illness of a Covered Service member – for Military Family Leave (WH-385) (PDF)
- Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (WH-385-V) (PDF)
- Return to work certification (PDF)