FMLA: What It Means To You

FAMILY MEDICAL LEAVE ACT OF 1993

"It is the purpose of the Act to balance the demands of the workplace with the needs of families... to entitle employees to take reasonable leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition."

- FMLA LAW MANDATES-

In a Unionized setting members can enforce the FMLA by filing grievances, Department of Labor (DOL) charges, or lawsuits.

-BASIC RIGHTS-

FMLA allows you leave for up to 12 weeks per 12 month period if you are unable to work because of a serious health condition. Leave may be taken on a continuous, intermittent, or reduced schedule basis. Time off does not have to be planned.

-FMLA DOES NOT APPLY TO-

Colds, Flus, Bronchitis, Ear Aches/Infections, Headaches (Other Than Migraines), Food Poisoning, Upset Stomachs, Poison Ivy, Minor Ulcers, Gum Diseases, Hay Fever, Tooth Extractions

-SERIOUS CHRONIC CONDITION-

To qualify for FMLA, you must be incapacitated due to a "serious health condition." A serious health condition is an illness, injury, or condition that involves one or more of the following:

Nurses with serious chronic disorders (e.g., diabetes, asthma, orthopedic conditions) have strong protection under the FMLA. Absences due to incapacity or medically necessary treatment are protected even if they are as short as a day or part of a day. You do not have to visit a health care provider during each absence.

A serious chronic health condition is defined as a condition which:

  1. Continues over an extended period of time
  2. Requires periodic visits for treatment by a health care provider, and
  3. Causes or may cause episodic periods of incapacity
The following disorders usually meet the chronic condition test:
*Continuous, reduced schedule, or intermittent time off must be allowed for any periods of incapacity caused by pregnancy, including miscarriage, appointments for pre-natal care, childbirth, and recovery from childbirth. A pregnant nurse is covered by the FMLA if she is late to work because of severe morning sickness or has to leave work due to nausea or dizziness.

-ILLNESS OR INJURY LASTING MORE THAN 3 DAYS-

An illness or injury is serious if it both:

You are incapacitated if you are unable to perform an essential job function. The ability to perform light-duty work is not relevant.

Consecutive days = calendar days, not work days.

-CONTINUING TREATMENT-

Treatment on two or more occasions by a health care provider, or treatment on a single occasion which results in a regimen of supervised treatment. Treatment includes exams to determine if a serious health condition exists, and treatment to resolve or alleviate the condition. Talking with your MD does not count!

Over-the-counter meds, exercise, or rest don't count, either!

A course of antibiotic or prescription medications does count.

-REDUCED WORK SCHEDULE-

A request for a reduced schedule, certified as necessary by a health care provider, cannot be refused even if part-time work is inefficient.

-HEALTH CARE PROVIDERS-

-TIME OFF-

The FMLA insists that you make reasonable efforts to schedule medical treatments so as to not "disrupt unduly" he operations of the employer. A DOL regulation amplifies this obligation by requiring you to consult with management, prior to making appointments, which meet the needs of both parties.

Example: A nurse, absent on nine occasions over a six-month period, was suspended for absenteeism. During the grievance process, the union established that five absences were needed to take care of an asthmatic child and three resulted from a chronic back condition. In each case the nurse called in promptly. Since eight absences qualify under the FMLA, the employer can only rely legally on one absence. This is not enough to justify a suspension.

-EMPLOYER NOTICE REQUIREMENTS-

Employers must inform employees about the FMLA by:

-DESIGNATION, RIGHTS, AND RESPONSIBILITY NOTICE-

If you qualify for FMLA coverage, SBMC must give or mail you a notice designating your leave as FMLA-qualifying and listing your specific rights and responsibilities. With reference to the application regulation, this is called "Section 301 notice". This notice must inform you:

Section 301 notice must be provided to you within 2 business days of when you inform SBMC of your need for FMLA leave. If your leave has begun, the notice may be mailed to your home.

An employer that fails to provide a required Section 301 notice cannot punish an employee, disallow leave, or deny reinstatement due to an employee's failure to comply with the obligations required to be described in the notice. Nor may the absence be applied to the employee's 12 week FMLA entitlement.

-PROVISIONAL DESIGNATION-

An employer who cannot determine whether an absence qualifies under the FMLA can, within two days, issue a notice "provisionally" designating the absence as FMLA pending receipt of medical certification or other reasonable documentation.

 If you've been disciplined or did not receive a copy of 301 regulations from SBMC within 2 days from your absence for an FMLA-qualifying condition, you have the right to file a lawsuit or file a charge with the Department Of Labor Wage and Hour Division. Always call NJNU.

Department of Labor
200 Sheffield St.
Mountainside, NJ 07092
(973) 645-2279

NJNU
P.O. Box 2008
Livingston, NJ 07039
(973) 992-6568

You have 2 years to file a lawsuit or charge with the Department of Labor.

More FMLA info will be coming soon!

An educated membership is a strong membership!!!