HomeMy WebLinkAboutFamily and Medical Leave ActIdaho
Department of
Correction
Standard
Operating
Procedure
Title:
Family and Medical Leave Act
Page:
1 of 13
Control Number:
206.07.01.004
Version:
2.0
Adopted:
2-25-2010
Sharla Means, human resources manager, approved this document on
08/01/2014.
Open to the public: Yes
SCOPE
This standard operating procedure applies to all Idaho Department of Correction employees .
Revision History
Revision date (08/01/2014) version 2.0: Revision throughout the document, update approval
authority, and format to current standard.
TABLE OF CONTENTS
Board of Correction IDAPA Rule Number ................................................................................ 2
Policy Control Number 206 ....................................................................................................... 2
Purpose ..................................................................................................................................... 2
Responsibility ............................................................................................................................ 2
Standard Procedures ................................................................................................................ 3
1. Introduction ...................................................................................................................... 3
2. Employee Eligibility .......................................................................................................... 3
3. Allowable Purposes for FMLA Leave .............................................................................. 4
4. Serious Health Condition ................................................................................................. 6
5. Use of Paid Leave ............................................................................................................ 7
6. Types of FMLA Leave ...................................................................................................... 7
7. Calculating Eligible FMLA Leave Hours .......................................................................... 8
8. FMLA Leave and Workers’ Compensation...................................................................... 8
9. FMLA Leave Procedures ................................................................................................. 9
10. Procedures for Coding FMLA Leave in I-Time .............................................................. 10
11. Returning From Leave ................................................................................................... 12
12. Benefits and Employee Rights ...................................................................................... 12
References .............................................................................................................................. 13
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206.07.01.004
Version:
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Title:
Family and Medical Leave Act
Page Number:
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Idaho Department of Correction
BOARD OF CORRECTION IDAPA RULE NUMBER
None
POLICY CONTROL NUMBER 206
Attendance, Work Hours, Leaves, and Workers’ Compensation
PURPOSE
The purpose of this standard operating procedure is to establish guidelines and procedures
that adequately comply with applicable federal and s tate of Idaho laws and regulations
regarding employee rights and obligations under the Family and Medical Leave Act.
RESPONSIBILITY
Human Resources Manager
The human resources manager is responsible for developing and administering a
process for ensuring that eligible employees receive the full protec tions intended under
the FMLA.
Division Chiefs
Division chiefs or designees are responsible for ens uring that all department facilities
display the FMLA poster and insert in a prominent location.
Managers
Managers or designees are responsible for ensuring that employees follow the
requirements of this standard operating procedure.
Supervisors
Supervisors or designees, in collaboration with HR, are responsible for
Facilitating compliance with this standard operating procedure
Communicating requirements to employees
Working with eligible employees to schedule qualifying FMLA leave
Collecting and timely forwarding to HR documentation necessar y for FMLA leave
Coding timesheets accurately
Employees
Employees are responsible for
Collaborating with supervisors or designees and HR to determine FMLA leave
eligibility
Meeting FMLA leave deadlines and reporting restrictions
Complying with the requirements of this standard operating procedure
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Title:
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Idaho Department of Correction
STANDARD PROCEDURES
1. Introduction
The Family & Medical Leave Act entitles eligible employees up to 12 weeks (480 hours for
full-time employees) of unpaid, job-protected FMLA leave for a qualifying circumstance.
Eligible employees are entitled to up to 26 weeks of unpaid, job -protected FMLA leave for
Military Caregiver leave.
To qualify for FMLA leave, the employee must meet eligibility criteria, submit a written
request, and upon return to work provide a return to work release as appropriate.
In the event the employee does not request FMLA leave for time off from work for a
qualifying medical condition, the department may code the employee’s absence as FMLA
leave in I-Time, if reasonable. For FMLA leave coding options, see section Procedures for
Coding FMLA Leave in I-Time.
Employees must use accrued leave balances concurrently while on FMLA leave. The use of
sick leave in conjunction with FMLA leave must be standard operating procedure.
As long as the employee is on approved FMLA leave, the employer must continue the
employee’s health ins urance as if the employee was not on leave. The employee is required
to continue to pay normal premiums.
This standard operating procedure is not intended to be all-inclusive. The exceptions and
unique situations regarding FMLA leave benefits are too numer ous and complex to address
in this standard operating procedure alone. Therefore, consultation and communication with
HR is required.
2. Employee Eligibility
An employee must meet both of the following criteria in order to be eligible for FMLA leave :
The employee must be employed with the s tate of Idaho for at least 12 months. The
12 months do not have to be continuous employment. Similarly, the 12 months do
not have to be all with the department. If the employee was on the payroll for any
part of a week (even just one day) he is credited with a full week toward his total.
This includes a part-time or temporary employee.
The employee must have worked at least 1,250 hours during the 12 -month period
immediately preceding the leave. The 1,250 hours must be hours w orked and does
not include paid vacation, paid sick time, or periods of unpaid leave during which
other benefits continued to be provided by the s tate of Idaho.
The employee must provide appropriate notice when requesting FMLA leave 30 days
in advance, or as soon as practicable after learning of the need for leave, generally
either the day the employee learns of the need or the next work day.
HR must provide an FMLA Eligibility and Notice of Rights and Responsibilities notice
once a request for FMLA leave is submitted.
When a husband and wife are both eligible to use FMLA leave and both are employed by
the same agency within the state of Idaho, the combined number of weeks of leave the
couple may be entitled is limited to 12 weeks (480 hours) during any 12-month period if it is
to provide care for another family member’s serious health condition, or for birth, adoption,
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or foster care of a child. Husband and wife are entitled to up to 26 weeks combined for
military caregiver leave. Each employee is entitled to their own 12 weeks for their own
serious health condition.
3. Allowable Purposes for FMLA Leave
FMLA provides unpaid, job-protected leave to an eligible employee for the conditions listed
below .
Birth of a Child
FMLA leave to care for or assist in the care of the employee’s newborn child must be
available to an eligible employee (male or female) as long as he is the parent or legal
guardian of the child.
An expectant mother may take FMLA leave if her pregnancy makes her unable to
work and for prenatal care before the birth of the child. Under the FMLA, pregnancy
and prenatal care involve continuing treatment by a healthcare provider and
therefore qualify as a serious health condition.
FMLA leave to bond with a c hild after the birth must be taken as a continuous block
of leave unless the employer agrees to allow intermittent or reduced schedule leave.
Intermittent leave is only permitted on a case-by-case basis, depending on the
impact to the department’s normal operations and must have the approval of the
warden, district manager, or manager.
An eligible employee is entitled to 12 weeks (480 hours) of unpaid, job-protected
FMLA leave within a 12-month period.
In the event of a birth, the eligible mother or father is required to use accrued sick, comp-
time, or vacation leaves concurrently with FMLA leave for the period of time supported
by the attending medical practitioner. Sick leave may only be used if deemed medically
necessary by the mother or father’s medical practitioner.
Placement of a Child with the Employee for Adoption or Foster Care
FMLA leave may be taken for time off from work related to the adoption process to
include, but not limited to, pre-placement counseling sessions, court appearances,
attorney consultations, and care for the adopted child.
FMLA leave may be taken for time off from work in conjunction with the placement of
a child for adoption or foster care. Time to bond with the child or children must be
taken in a continuous block of time. Intermittent leave is only permitted on a case-by-
case basis , depending on the impact to the department’s normal operations and
must have the approval of the warden, district manager, or manager. An eligible
employee is entitled to 12 weeks (480 hours) of unpaid, job-protected FMLA leave
within a 12-month period. An employee’s right to take leave for the birth and care of
his child, or for the placement of a child with him for adoption or foster care, must
conclude within 12 months of the birth or placement.
Due to the Employee’s own Serious Health Condition
An eligible employee is entitled to 12 weeks (480 hours) of unpaid, job-protected FMLA
leave within a 12-month period.
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Care for a Qualifying Family Member Due to the Family Member’s Serious Health
Condition
Family members who qualify are limited to the employee’s spouse, children under 18
years of age, children incapable of self-care due to a mental or physical disability
regardless of age, and parent with a serious health condition. The FMLA does not
provide for leave to care for siblings or in-laws with a serious health condition.
Under the FMLA, an employee who actually has day-to-day responsibility for caring
for a child may be entitled to leave even if the employee does not have a biological
or legal relationship to the child. In loco parentis is commonly understood to refer to a
relationship in which a person has put him or herself in the situation of a parent by
assuming and discharging the obligations of a parent to a child with whom he has no
legal or biological connection. It exists when an individual intends to take on the role
of a parent, to provide care and financial support.
In general, an employee may not take FMLA leave to care for a son or daughter wh o
is 18 years old or older. However, an employee may take FMLA leave to care for a
child 18 years old or older who is incapable of self-care because of a mental or
physical disability at the time that FMLA leave is to commence. In all instances,
determinations under the FMLA depend upon all facts of a particular situation.
An eligible employee is entitled to 12 weeks (480 hours) of unpaid, job-protected
FMLA leave within a 12-month period.
Due to a Qualifying Exigency for a Family Member on Active Duty or Retiree of the
Regular Forces or Reserves
Qualifying exigencies arise out of the fact that the employee’s spous e, child, or parent
(referred to as a ‘covered military member’) is on active duty or called to active federal
duty (not s tate) in support of a contingency operation as a member of the U.S. National
Guard or Reserves or a retiree of the regular forces or reserves. Qualifying exigencies
for FMLA leave do not apply to active duty members of the regular armed forces.
Qualifying exigencies consist of
Issues arriving from the covered military member’s seven days or less notice of
deployment
Military events and related activities that affect the covered military member such as
official ceremonies and informational briefings sponsored or promoted by the Guard,
Reserves, military service organizations, or the American Red Cross due to the
deployment
Certain childcare-related activities arising from the covered military member’s active
duty status or being called to active duty such as arranging for alternative childcare;
providing childcare on a non-routine, urgent, immediate need basis; enrolling or
transferring a child in/to a new school or daycare facility; and attending certain
meetings at the child’s school or daycare facility
Making or updating financial and legal arrangements to address the covered military
member’s absence due to the deployment
Attending counseling sessions provided by someone other than a healthcare
provider for the employee; the covered military member; or the child of the covered
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military member, limited to those sessions required due to active duty or call to active
duty
Taking up to 15 days of leave to spend time with the covered military member during
his short-term, temporary, rest and recuperation
Attending to certain post-deployment activities including attending arrival
ceremonies, reintegration briefings and events, and other official ceremonies or
programs sponsored by the Guard or Reserves for a period of 90 days following the
termination of the covered military member’s active duty status and dealing with
issues arising from the death of a covered military member
An eligible employee is entitled to 12 weeks (480 hours) of unpaid, job-protected FMLA
leave within a 12-month period for any FMLA qualifying event.
Care for a Qualifying Family Member who incurred a Serious Injury or Illness in the
Line of Duty on Active Duty in the Armed Forces
Family members who qualify are limited to the employee’s spouse, parent, child, or
next-of-kin.
An eligible employee is entitled to 26 weeks (1,040 hours) of unpaid, job-protected
FMLA leave within a 12-month period.
An eligible employee is still entitled to 12 weeks (480 hours) of unpaid, job-protected
FMLA leave within a 12-month period for his own FMLA qualifying event.
Military c aregiver leave does not extend to former members of the Armed Forces, or
to former active duty members on the permanent disability retired list.
4. Serious Health Condition
A serious health condition means an illness, injury, impairment, or physical or mental
condition that involves one of the following:
Hospital Care
Inpatient care is as an overnight stay in a hospital, hospice, or residential medical care
facility, including any period of incapacity or subsequent treatment in connection with or
following inpatient care.
Incapacity, for purposes of FLMA leave, means inability to perform one or more of the
functions of one’s job, attend school, or perform other regular daily activities due to the
serious health condition, treatment for that condition, or recovery from that condition.
Absence Plus Treatment
A period of incapacity that also involves treatment by a health care provider on at least
one occasion, which results in a regimen of continuing treatment under the supervision
of the healthcare provider.
A regimen of continuing treatment includes, a source of prescription medication, or
therapy requiring special equipment to resolve or alleviate the health condition. A
regimen of treatment does not include the taking of over -the-counter medications such
as aspirin, antihistamines, or salves, or bed-rest, drinking fluids, exercise, and other
similar activities that may be initiated without a visit to a healthcare provider.
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Pregnancy
Pregnancy includes any period of incapacity due to pregnancy or prenatal car e.
Chronic Conditions Requiring Treatments
Such conditions must
Require periodic visits for treatment by a healthcare provider, or by a nurse or
physician’s assistant under the direct supervision of a healthcare provider
Continue over an extended period including recurring episodes of a single underlying
condition, and may cause episodic rather than a continued period of incapacity
Permanent or Long-Term Conditions Requiring Supervision
Permanent or long-term conditions mean a period of incapacity due to a condition for
which treatment may not be effective. The employee or family member must be under
the continuing supervision of, but need not be receiving active treatment by, a healthcare
provider (Alzheimer’s, a severe stroke, or terminal stages of a dis ease).
Multiple Treatments (Non-Chronic Conditions)
Any absences to receive multiple treatments for restorative surgery or for a condition
which would likely result in a period of incapacity if not treated, such as cancer
(chemotherapy or radiation), severe arthritis (physical therapy), and kidney disease
(dialysis).
5. Use of Paid Leave
An eligible employee must use accrued sick, comp-time, or vacation leave concurrently with
FMLA leave (see section titled Procedures for Coding FMLA Leave in I-Time).
While using accrued sick, comp-time, or vacation leave concurrently with FMLA leave, the
employee must remain in compliance with all attendance and leave policies and procedures.
Sick leave may only be used due to the employee’s, a qualified family member’s , or a
military member’s serious health condition.
6. Types of FMLA Leave
There are two types of FMLA leave:
Continuous FMLA Leave
An employee who is entirely off from work for up to 12 weeks (480 hours) or 26 weeks
for military caregiver responsibilities, for a single qualifying reason, is on continuous
FMLA leave.
Intermittent FMLA Leave
Intermittent FMLA leave or a reduced work schedule is leave taken in separate blocks of
time, interspersed with periods of work, due to a single qualifying circumstance (medical
issue, birth, or adoption). For example, an employee may request intermittent FMLA
leave or a reduced work schedule for
Transporting his qualifying family member to a medical care facility
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Filling in for primary caregiver
Making arrangements for changes in care or for periodic medical treatments
Receiving treatment for episodic chronic illnesses
Arranging for alternative childcare arising from a covered military member’s active
duty status or being called to active duty
An employee requesting intermittent FMLA leave or reduced work hours must schedule
his leave so it is the least disruptive to department operations. The employee must make
a reasonable effort to schedule the leave in consultation with the employer to avoid
unduly disrupting the employer’s operations. The employee must submit a schedule to
his supervisor or designee disclosing his planned intermittent FMLA leave. Anticipated
intermittent FMLA leave not actually taken is not counted against leave eligibility.
An employee on intermittent FMLA leave may be temporarily transferred to another
similar position, if the transfer helps to accommodate the employee’s leave, until the
need for leave no longer exists or is exhausted.
In approving or denying the employee’s request for intermittent FMLA l eave, the
employee’s immediate manager or designee must consult with HR and consider the
business needs of the department.
In an effort to be the least disruptive to business , the department has the right to require
an employee to temporarily transfer to another equivalent position while on intermittent
FMLA leave. The employee must be reinstated after the intermittent leave has
terminated.
In cases where intermittent FMLA leave or reduced work hours is for the birth, adoption,
or foster care of the employee’s child, the leave must not exceed a period of twelve
months regardless of the amount of leave taken. Intermittent leave is only permitted on a
case-by-case basis, depending on the impact to the department’s normal operations and
must have the approval of the warden, district manager, or manager.
7. Calculating Eligible FMLA Leave Hours
The s tate of Idaho uses a rolling, 12-month period measured backward from the date an
employee last used FMLA leave in accordance with this standard operating procedure. Each
time an employee takes FMLA leave, the amount of leave taken is computed and subtracted
from the number of weeks entitled under the FMLA. The balance is the amount of FMLA
leave the employee is entitled to take within the next 12-month period.
The 12-month rolling look back calculation does not apply to military caregiver leaves.
8. FMLA Leav e and Workers’ Compensation
While an employee is on leave related to a workers’ compensation injury, the employee or
designee must code the employee’s absence as FMLA leave I-Time.
If an employee on workers’ compensation leave is approved for modified or light duty work
but remains qualified for FMLA leave, he may elect not to work and instead receive FMLA
leave protection. However, the refusal to work modified or light duty may lead to the loss of
workers’ compensation benefits.
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9. FMLA Leave Procedures
Notification and Request
FMLA requires an employee who is planning FMLA leave for medical treatment to
consult with the appropriate manager and make a reasonable effort to schedule
treatment to avoid unduly disrupting business operations, subject to approval of the
employee’s health care provider.
Fore seeable Leaves
When an employee knows in advance his need to take FMLA leave, he must give 30
days’ notice to his supervisor or designee prior to taking the leave. If the employee
cannot give 30 days’ notice, he must give notice the day he learns of the need or the
next business day. Notice must include the anticipated start date of FMLA leave, and the
expected length of absence or date of return to work. For this purpose, the employee or
supervisor should submit an FMLA Leave Request Form to HR.
Unfore seeable Leaves
In situations where advance notification is not possible, the employee must notify the
department as soon as practicable. As soon as practicable typically means the
employee must provide verbal notice to the department when first learning of the need
for FMLA leave, as soon as both possible and practicable.
If an employee is unable to complete the FMLA Leave Request Form , to request
unforeseen FMLA leave, the supervisor or designee should complete the form on the
employee’s behalf and immediately notify HR.
If an employee is unable to provide notice, his friend or family member may notify the
department of the employee’s need to take FMLA leave. Such notice should be by
phone, email, or fax. In this event, the supervisor or designee should complete the FMLA
Leave Request Form , on the employee’s behalf and immediately notify HR.
HR’s approval of FMLA designation job-protected leave may be delayed if notice of the
need for leave is not given as soon as practicable.
Medical Certification
The employee or the employee’s spokesperson must work with human resources to
have a medical provider complete a medical certification, to determine whether the
serious health condition is a qualifying event for FMLA leave.
If an employee requests FMLA leave for himself, the employee or the employee’s
spokesperson must work with HR to facilitate the completion by the health care provider
of federal form WH-380-E, Certification of Health Care Provider for Employee’s Serious
Health Condition, stating: the need for the employee to take time off from work, and the
employee’s expected length of absence or date of return to work.
If an employee requests FMLA leave to care for his qualif ying family member, the
employee or the employee’s spokesperson must work with HR to facilitate the
completion by the health care provider of federal form WH-380-F, Certification of Health
Care Provider for Family Member’s Serious Health Condition.
To expedite the processing of the FMLA leave request, the employee is encouraged to
submit the medical certification and completed FMLA Leave Request Form, to his
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supervisor or to HR. In any event, the employee must return the medical c ertification to
his supervisor or HR within 15 days from the date the leave request was made or prior to
the start of the leave, unless a request for extension is received and approved.
If an employee fails to provide the medical certification, FMLA leave may be denied. In
most cases, the Federal Medical Certification is required.
When determining the extent of an employee’s serious health condition and the
department has reason to doubt the validity of the first medical certification, HR may
request a second opinion. If the s econd opinion is different from the first, HR may
request a third, and the third opinion is binding. If HR requests second or third opinions ,
the department must pay for the subsequent opinions.
Medical Certification for Military Caregiver forms are also required. These forms are
WH-384- Certification of Qualifying Exigency for Military Family Leave
WH-385- Certification for Serious Injury or Illness of a Current Service member for
Military Family Leave
WH-385V - Certification for Serious Injury or Illness of a Veteran for Military
Caregiver Leave
Eligibility Determination and Response
Upon HR’s receipt of the FMLA Leave Request Form from the employee HR must
Confirm that the employee meets the eligibility requirements
Determine if the reason for FMLA leave is for an FMLA qualifying reason
Calculate eligible FMLA leave hours
Provide the employee with notice of the employee’s rights and the department’s
responsibilities through federal form WH-381, Notice of Eligibility and Rights &
Responsibilities, and federal form WH-382, Designation Notice
Upon confirming eligibility of the employee and the medical condition, HR must provide
the employee a preliminary eligibility response.
Within 15 days of receipt of the appropriate FMLA Medical Certification HR should
provide written, official notice of FMLA leave approval or denial and the parameters of
the FMLA leave.
10. Procedures for Coding FMLA Leave in I-Time
I-Time is the s tate of Idaho’s online time entry sys tem. Employees and supervisors or
designees must verify the employee’s approval for FMLA leave before coding the leave in I-
Time. Verification can be verbal or written, but must be as stated in the subsection above
titled Eligibility Determination and Response. Sick leave may be used for the employee’s or
a qualified family member’s serious health condition or for military caregiver, but not for
adoption/foster care or military exigency leave.
I-Time coding of FMLA leave includes the following codes:
FMS (family medical sick): Uses the employee’s accrued sick leave while on FMLA
leave. When FMS is coded in I-Time and the employee does not have enough sick
leave hours , I-Time defaults to comp then vacation then leave without pay.
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FMC (family medical comp-time taken): Uses the employee’s accrued comp-time
while on FMLA leave. When FMC is coded in I-Time and the employee does not
have enough comp-time hours, I-Time defaults to vacation then leave without pay.
FMV (family medical vacation): Uses the employee’s accrued vacation leave while
on FMLA leave. When FMV is coded in I-Time and the employee does not have
enough vacation leave hours , I-time defaults to either comp or leave without pay.
FML (family medical leave without pay [LWOP]): Used for tracking unpaid, job-
protected FMLA leave hours.
The employee must exhaust all ac crued leaves before coding FML.
An employee on FMLA leave and concurrently using accrued sick and/or vacation leave
hours must accrue sick or vacation leave hours at the same rate as if he was not on FMLA
leave. However, an employee on unpaid, job-protected FMLA leave (I-Time code FML) must
not accrue leave credits. For any paid holiday on the employee’s regular work schedule in
which accrued leave is used, the actual holiday must count towards the employee’s FMLA
entitlement total.
To avoid inequities with regard to the FMLA, during holiday weeks if the employee has zero
accrued hours for the week (family medical LWOP), he must code zero hours for the actual
holiday. Therefore, the actual holiday is not counted towards his entitlement to 480 hours
(12 weeks) of FMLA leave.
Regular Hours Held (RHH)
Within the I-Time s ystem, there is no corresponding FMLA time code for using RHH
hours. The employee may us e any RHH hours by coding RHT. RHT hours do not count
towards the FMLA entitlement of 480 work hours.
FMLA Leave and Workers’ Compensation Coding
Hours of leave resulting from an injury sustained on the job are also counted toward the
hours of unpaid, job-protected FMLA leave allowed under the FMLA; therefore, it is
essential to track those hours . I-Time coding of FMLA leave due to an on-the-job
accident includes the following codes:
FJS (family medical, on the job accident, sick): Uses the employee’s accrued sick
leave while on FMLA leave. When FJS is coded in I-Time and the employee does
not have enough sick leave hours, I-Time defaults to comp then vacation then leave
without pay. This is done by the system automatically.
FJL (family medical, on the job accident, LWOP): Used for tracking unpaid, job-
protected FMLA leave hours.
The employee must exhaust all accrued leaves before coding FJL, unless used while
being compensated by the State Insurance Fund.
FMLA Leave and Family Member on Active Duty in Armed Forces Coding
The FMLA allows a larger number of hours of unpaid, job-protected FMLA leave for an
employee whose qualifying family member incurred a serious injury or illness in the line
of duty while on active duty in the Armed Forces; therefore, it is essential to track those
hours. I-Time coding of FMLA leave due to a qualifying family member’s injury or illness
received while on active duty includes the following codes:
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FSS (Military Caregiver for serious health condition): Uses the employee’s accrued
sick leave while on FMLA leave. When FSS is coded in I-Time and the employee
does not have enough sick leave hours , I-Time defaults to comp then vacation then
leave without pay.
FSC (Military Exigency Leave): Uses the employee’s accrued comp-time while on
FMLA leave. When FSC is coded in I-Time and the employee does not have enough
comp-time hours, I-Time defaults to vacation then leave without pay.
FSV (Military Exigency Leave): Uses the employee’s accrued vacation leave while
on FMLA leave. When FSV is coded in I-Time and the employee does not have
enough vacation leave hours, I-Time defaults to comp then leave without pay.
FSL (family medical, service member, leave without pay): Used for tracking unpaid,
job-protected FMLA leave hours.
The employee must exhaust all accrued leaves before coding FSL.
11. Returning From Leave
An employee who is returning from FMLA leave for his own serious health condition is
required to provide a written return to work release from his medical provider to his
immediate manager or HR . The release form may be on the medical provider’s letterhead or
form or it may be the department’s Return to Work Release form, but it must provide the
required information. The work release is not required if FMLA leave was taken for other
purposes such as caring for a family member or adopting a child.
If the return to work release stipulates modified duty or other accommodations, the
employee must notify his immediate manager or HR and provide written documentation from
the health care provider detailing the restrictions and length of time they are effective before
returning to work. The department evaluates each request for modified duty or a reasonable
accommodation on a case-by-case basis.
If the employee’s immediate manager or designee has a reasonable, factual belief that the
employee’s return to work would create a significant risk of substantial harm to the employee
or others, the manager or designee must work with HR to determine if the department
requires a fitness for duty certification or clarification from the health care provider.
If a fitness -for-duty certification is required upon return to work, the employee must be
notified of that requirement in advance and in writing. The manager or designee must work
with HR to facilitate this process.
12. Benefits and Employee Rights
While on FMLA leave, the employee’s health and dental benefits remain unchanged. Thus,
the employee is responsible for his share of the monthly health and dental premiums.
If the employee is using accrued sick, comp-time, or vacation leave balances to receive a
paycheck while on FMLA leave, the employee’s portion of the health and dental insurance
premiums are deducted from his paycheck as usual. If the employee does not receive a
sufficient paycheck to cover his portion of the premiums, the employee must make
arrangement with HR to pay his portion of the premiums.
Control Number:
206.07.01.004
Version:
2.0
Title:
Family and Medical Leave Act
Page Number:
13 of 13
Idaho Department of Correction
If the employee does not return to work after FMLA leave for reasons other than the
medical condition, the department may require the employee to reimburse the state of
Idaho’s share of the premiums paid during the employee’s use of FMLA leave.
The employee’s use of FMLA leave must not result in the loss of any employment benefit
that the employee earned or was entitled to before using FMLA leave.
Upon return from FMLA leave, the employee is entitled to be restored to the position he held
prior to using FMLA leave, or a substantially equivalent position with substantially equivalent
benefits, pay, and other terms and conditions of employment.
The employee must not be disciplined for using FMLA leave. However, any unrelated
corrective or disciplinary action in progress prior to or during the use of FMLA leave may be
considered or implemented upon the employee’s return to work.
REFERENCES
FMLA Leave Request Form
WH-380-E, Certification of Health Care Provider for Employee’s Serious Health Condition
WH-380-F, Certification of Health Care Provider for Family Member’s Serious Health
Condition
WH-381, Notice of Eligibility and Rights & Responsibilities
WH-382, Designation Notice
WH-384, Certification of Qualifying Exigency for Military Family Leave
WH-385, Certification for Serious Injury or Illness of a Current Servicemember - for Military
Family Leave
WH-385-V, Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave
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