Easter Egg Hunt

What is FMLA? The Family Medical Leave Act (FMLA) is a law first enacted in 1993. It applies to employers, such as Children’s TEAM, with 50 or more employees and only applies to certain qualified employees.  

What is job protected FMLA leave? Upon return from FMLA leave, Children’s TEAM employees must be restored to his or her original job, or to an “equivalent” job, which means virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions.

Who qualifies as a Family Member? 1) Spouse: Spouse means a husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides, including “common law” marriage and same-sex marriage. 2) Parent: Parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a child. This term does not include parents “in law.” 3) Son or daughter: Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability” at the time that FMLA leave is to commence. 4) In Loco Parentis: The FMLA regulations define in loco parentis as including those with day-to-day responsibilities to care for or financially support a child. Employees who have no biological or legal relationship with a child may, nonetheless, stand in loco parentis to the child and be entitled to FMLA leave. Similarly, an employee may take leave to care for someone who, although having no legal or biological relationship to the employee when the employee was a child, stood in loco parentis to the employee when the employee was a child, even if they have no legal or biological relationship.

Are insurance premium benefits maintained during leave? If Children’s TEAM regularly pays a portion of the the employee’s health insurance premiums, then Children’s TEAM will continue to do so in the same manner premiums were paid while the employee was not on leave.

How much FMLA leave can be taken? Children’s TEAM grants eligible employees up to a total of 12 workweeks of unpaid leave in a 12 month period (measured from the first time leave ) for one or more reasons identified by the Family Medical Leave Act. However, additional leave is available for employees taking Military Caregiver Leave. Can intermittent leave be taken? Intermittent/reduced schedule leave may be taken when medically necessary to care for a seriously ill family member, or because of the employee’s serious health condition. When approved by Children’s TEAM, intermittent/reduced schedule leave may be taken to care for a newborn or newly placed adopted or foster care child, or other FMLA qualifying event. What is the appropriate use of FMLA? Employees are not required to take more FMLA leave than necessary to address the circumstances that cause the need for leave. Is a medical certification required? Children’s TEAM may require that the need for leave for a serious health condition of the employee or the employee’s immediate family member be supported by a certification issued by a health care provider. If requested Children’s TEAM allows the employee at least 15 calendar days to obtain the medical certification. How much notice should be given before taking leave? Employees must provide at least 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as possible and generally must comply with Children’s TEAM’s normal call-in procedures.  

What is FMLA? The Family Medical Leave Act (FMLA) is a law first enacted in 1993. It applies to employers, such as Children’s TEAM, with 50 or more employees and only applies to certain qualified employees.  

What is job protected FMLA leave? Upon return from FMLA leave, Children’s TEAM employees must be restored to his or her original job, or to an “equivalent” job, which means virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions.

Who qualifies as a Family Member? 1) Spouse: Spouse means a husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides, including “common law” marriage and same-sex marriage. 2) Parent: Parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a child. This term does not include parents “in law.” 3) Son or daughter: Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability” at the time that FMLA leave is to commence. 4) In Loco Parentis: The FMLA regulations define in loco parentis as including those with day-to-day responsibilities to care for or financially support a child. Employees who have no biological or legal relationship with a child may, nonetheless, stand in loco parentis to the child and be entitled to FMLA leave. Similarly, an employee may take leave to care for someone who, although having no legal or biological relationship to the employee when the employee was a child, stood in loco parentis to the employee when the employee was a child, even if they have no legal or biological relationship.

Are insurance premium benefits maintained during leave? If Children’s TEAM regularly pays a portion of the the employee’s health insurance premiums, then Children’s TEAM will continue to do so in the same manner premiums were paid while the employee was not on leave.

How much FMLA leave can be taken? Children’s TEAM grants eligible employees up to a total of 12 workweeks of unpaid leave in a 12 month period (measured from the first time leave ) for one or more reasons identified by the Family Medical Leave Act. However, additional leave is available for employees taking Military Caregiver Leave. Can intermittent leave be taken? Intermittent/reduced schedule leave may be taken when medically necessary to care for a seriously ill family member, or because of the employee’s serious health condition. When approved by Children’s TEAM, intermittent/reduced schedule leave may be taken to care for a newborn or newly placed adopted or foster care child, or other FMLA qualifying event. What is the appropriate use of FMLA? Employees are not required to take more FMLA leave than necessary to address the circumstances that cause the need for leave. Is a medical certification required? Children’s TEAM may require that the need for leave for a serious health condition of the employee or the employee’s immediate family member be supported by a certification issued by a health care provider. If requested Children’s TEAM allows the employee at least 15 calendar days to obtain the medical certification. How much notice should be given before taking leave? Employees must provide at least 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as possible and generally must comply with Children’s TEAM’s normal call-in procedures.