United Community & Family Service, Inc

United Community & Family Service, Inc. reserves the right to modify and/or eliminate any and all policies or procedures at the discretion of Senior Management, at anytime. This policy and related procedures are not a promise or contract of employment, or entitlement to benefits.

United Community & Family Services, Inc.

Department: Human Resources

Policy/Procedure: Family and Medical Leave Acts

Purpose

To provide a basic and general understanding of the federal and state Family and Medical Leave Acts (collectively FMLA) and some of the procedures that must be followed when taking such leave.

Responsibilities

Employees: Initiate request for FMLA, provide medical certifications and documentation, and communicate status to supervisors and HR as requested.

Human Resources: Provide additional FMLA information as warranted, process employee FMLA requests, track FMLA (and concurrent leave) time, maintain communication with all parties, and monitor the legal, consistent, and uniform application of this policy.

Supervisors: Assist employees with FMLA requests, maintain communication with employees and HR, and be knowledgeable in general FMLA processes and procedural guidelines.

Definitions

Covered Servicemember: A “Covered Servicemember” is a current member of the regular Armed Forces, National Guard, or Reserve who is undergoing medical treatment, recuperation or therapy, or otherwise in outpatient status or on the temporary disability list for a serious injury or illness incurred in the line of duty in active duty.

Eligible Employee: An employee is eligible for leave under this policy if he or she has been employed by UCFS for at least 12 months and has worked at least 1,000 hours of service (for CT FMLA) or 1,250 hours of service (for Federal FMLA) in the twelve-month period immediately preceding the first day of leave. Further, to be eligible, an employee must work at a work site where UCFS employs at least 50 employees either at that site or within 75 miles of that site. In determining eligibility for leave, a “rolling” twelve-month period is used, measuring backward from the date leave is requested to begin. UCFS will look back no more than 7 years to determine if the employee has ever been employed by UCFS.

Health Care Provider: (A) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; (B) a podiatrist, dentist, psychologist, optometrist, or chiropractor authorized to practice by the state in which such person practices and performing within the scope of the authorized practice; (C) an advanced practice registered nurse, nurse practitioner, nurse midwife, clinical social workers and physician assistants authorized to practice by the state in which such person practices and performing within the scope of the authorized practice; (D) Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; (E) any health care provider from whom an employer or a group health plan’s benefits manager accepts certification of the existence of a serious health condition to substantiate a claim for benefits; (F) a health care provider as defined in subparagraphs (A) to (E), inclusive, of this definition who practices in a country other than the United States, and who is licensed to practice in accordance with the laws and regulations of that country; or (G) such other health care provider as the state Labor Commissioner determines, and performing within the scope of the authorized practice.

Next of Kin: For purposes of Covered Servicemember Leave, the ‘‘next of kin” of a Covered Servicemember is the nearest blood relative, other than the Covered Servicemember’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the Covered Servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the Covered Servicemember, all such family members shall be considered the Covered Servicemember’s next of kin and may take FMLA leave to provide care to the Covered Servicemember, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the Covered Servicemember’s only next of kin.

Parent: A biological parent, foster parent, adoptive parent, stepparent or legal guardian of an eligible employee (or, for purposes of CT FMLA, of an eligible employee's spouse), or an individual who stood in loco parentis to an employee when the employee was a son or daughter as defined in this section.

Serious Health Condition: An illness, injury, impairment, or physical or mental condition that involves:

(1) Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery therefrom) or any subsequent treatment in connection with such inpatient care; or

(2) Continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:

(i) A period of incapacity (i.e., inability to work, attend school, or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery therefrom) of more than three consecutive, full calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:

(A) Treatment two or more times, within 30 days of the first day of incapacity, unless extenuating circumstances exist, by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or

(B) Treatment by a health care provider on at least one occasion that results in a regimen of continuing treatment under the supervision of the health care provider.

The requirement in (A) and (B) above for treatment by a health care provider means an in-person visit to the health care provider. The first (or only) in-person treatment visit must take place within seven days of the first day of incapacity. Whether additional treatment visits or a regimen of continuing treatment is necessary within the 30-day period shall be determined by the health care provider.

(ii) Any period of incapacity due to pregnancy or for prenatal care.

(iii) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:

(A) Requires periodic visits (defined as at least twice a year) for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;

(B) Continues over an extended period of time (including recurring episodes of a single underlying condition); and

(iv) A period of incapacity that is permanent or long-term 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 health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.

(v) Any period of absence to receive multiple treatments (including any period of recovery thereafter) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury or for a condition that will likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), and kidney disease (dialysis).

Son or Daughter: A biological, adopted or foster child, stepchild, legal ward, or child of a person standing in loco parentis, who is (A) under eighteen years of age or (B) eighteen years of age or older and incapable of self-care because of a mental or physical disability.

Spouse: A husband or wife. For purposes of Connecticut FMLA, this also includes same-sex spouses and civil union partners.

Serious Injury or Illness: A serious injury or illness under federal law is an injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform the duties of the member’s office, grade, rank, or rating.

Leave Periods: The twelve (12) and twenty-four (24) month periods during which an employee may utilize FMLA leave under federal and state law, respectively, are measured backward on a rolling basis from the date leave is requested to begin.

Policy

UCFS will grant eligible employees family and/or medical leave in accordance with federal and state law and UCFS policy.

Qualifying Reasons for FMLA Leave

Under the Federal FMLA, eligible employees may take up to twelve (12) weeks of unpaid, job-protected leave (twenty-six (26) weeks in the case of Covered Servicemember leave) in a twelve (12) month period for the following reasons:

1)The birth and/or care of the employee’s newborn child (leave must be taken within twelve (12) months after the birth of the child);

2)Placement with the employee of a child for adoption or foster care (leave must be taken within twelve (12) months after the placement of the child);

3)To care for the employee’s spouse, child, or parent with a serious health condition;

4)The serious health condition of the employee that makes the employee unable to perform the functions of the employee’s job;

5) If the employee is unable to work because of any qualifying exigency arising from the fact that the employee’s spouse, child, or parent is under a call or order to active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation as a member of the National Guard or Reserve or as a retired member of the Regular Armed Forces or Reserve (“Qualified Exigency Leave”). A “qualified exigency” is defined to include (1) short-notice deployment; (2) military events and related activities; (3) childcare and school activities; (4) financial and legal arrangements; (5) counseling; (6) rest and recuperation; (7) post-deployment activities; and (8) additional activities where UCFS and the employee agree to the leave;

6) If the employee is needed to care for a Covered Servicemember with a serious injury or illness (“Covered Servicemember Leave”). In order to care for a Covered Servicemember, an eligible employee must be the spouse, son, daughter, or parent, or next of kin of a Covered Servicemember. (Please refer to the “Definitions” section of this policy for definitions of “Covered Servicemember” and “Next of Kin.”) Covered Servicemember Leave make be taken for up to a total of twenty-six (26) weeks in a single twelve (12) month period, during which an eligible employee is entitled to a combined total of twenty-six (26) weeks of all types of FMLA leave.

Connecticut’s Family and Medical Leave law allows eligible employees an unpaid leave of absence of up to sixteen (16) weeks in a two (2) year period. In addition to the reasons listed in (1) through (4) above, Connecticut FMLA law allows leave to be taken to care for a parent-in-law, same-sex spouse, or civil union partner with a serious health condition. Connecticut FMLA law also permits leave to be taken for an employee to serve as an organ or bone marrow donor. Connecticut FMLA law does not address Qualified Exigency Leave or Covered Servicemember Leave (reasons (5) and (6)); those are governed solely by federal law.

Procedures

Requesting FMLA Leave: Eligible employees with a qualifying circumstance must contact their supervisor to request FMLA paperwork. Employees must provide UCFS with written notice for foreseeable FMLA leave at least thirty (30) days in advance or, if leave is not foreseeable, as soon as practicable. A completed medical certification form must accompany requests for medical leave for the employee or to care for another, or be provided within fifteen (15) days of submission of the leave request. A supervisor or a member of HR may also initiate a request for FMLA leave on the employee’s behalf if he/she believes the circumstances may warrant such leave. Consult HR if you are uncertain. Completed requests must be submitted directly or by e-mail to HR. Employees are responsible for making certain HR obtains all requested information to be able to make a determination on the request.

Processing Requests: HR will process the requests within two (2) business days of receipt. If the leave request is for the employee’s or another’s serious medical condition and HR does not receive a medical certification form substantiating the need for leave, the leave will be granted conditioned upon receipt of adequate and timely documentation.

Terms of Leave: A grant or conditional grant of FMLA leave from HR will set forth the terms of the employee’s leave, including, without limitation, available accrued leave and benefits information. Generally, leave terms will include the requirement that employees maintain regular communications with their supervisor or HR regarding their status. Employees on leave for a serious health condition also may be required to provide periodic recertifications.

Return to Work: An employee on leave due to a serious health condition must produce a health care provider’s fitness for duty certification to return to work.

During periods of leave, employees are required to report to UCFS periodically regarding their status and intention to return to work. If an employee gives UCFS unequivocal notice of their intent not to return to work, the employee will be considered to have voluntarily resigned and UCFS’s obligation to maintain health benefits (subject to benefit continuation requirements under COBRA) and to restore the employee to their position will cease.

Under federal FMLA, any employee who returns to work from a family and medical leave within or on the business day following the expiration of the maximum leave period is entitled to return to his/her job or an equivalent position, except that the employee will not be entitled to any employment rights or benefits greater than those he or she would have had in the absence of taking such a leave. If the leave is subject to Connecticut FMLA law, the employee may be placed in an equivalent job upon his/her return to work only if the original job is not available. Further, under Connecticut FMLA law, if an employee is medically unable to perform his/her original job at the end of their FMLA leave, the employee may be eligible to transfer to another position suitable to his or her physical condition, if such work is available.

If an employee accepts a light-duty assignment while still eligible for FMLA leave, the employee has reinstatement rights to his or her original (or equivalent) job but only until the end of the maximum FMLA period.

In the case of a medical leave involving a serious health condition of an employee, medical certification will be required verifying an employee’s ability to return to work. A physical examination may be required.

Failure to Return to Work: If an employee does not return to work after exhausting all available family and/or medical leave, the employee’s employment may be terminated.

Additional Guidelines

1. Use of Accrued Time and Record Keeping: FMLA leave is generally unpaid. Employees on FMLA leave are required to use all accrued and/or earned paid vacation, floater, and personal time before taking unpaid leave. If leave is taken for the serious health condition of the employee or a family member or for the care of an injured service member, all accrued and/or earned sick leave also must be used before taking any unpaid time off. In addition, employees may elect to use paid accrued and/or earned sick leave in lieu of unpaid time off, even when not required to do so. As applicable, sick and vacation time will be used first, followed by floater and personal time. Employees receiving short-term, intermittent, or reduced schedule benefits must complete time-off requests forms and mark their timesheets to reflect that the time was towards their FMLA allotment.

If an employee takes paid sick leave for a condition that progresses into a serious health condition and the employee requests unpaid leave as provided under this policy, UCFS may designate all or a portion of the related leave taken as leave under this policy, to the extent that the earlier leave meets the necessary qualifications.

2. Eligibility for Benefits During Leave: UCFS will continue to pay its portion of group health insurance premiums during an employee’s Federal FMLA leave, and the employee is responsible for his/her portion of the premiums. If the leave is unpaid, the employee must make arrangements with HR to pay his/her portion of the monthly premiums. The employee’s failure to pay his/her portion of the health insurance premiums may result in loss of coverage. If the employee does not return to work after expiration of family and medical leave, he/she will be required to reimburse UCFS for payment for health insurance premiums during the leave, unless the failure to return to work is due to the continuation, recurrence, or onset of a serious health condition of the employee or a family member or stems from circumstances beyond the employee’s control.