FMLA and PTO Information Session Hosted by City of Revere HR Department
L
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Hosted by the City of Revere Human Resources Department, under the
Direction of the Office of Talent and Culture.
February 23
rd
, 2023.
N
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p
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2
A
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E
N
D
A
1.
Leave Acts: FMLA, PARENTAL, SNLA.
2.
PTO (Paid Time Off): Sick, Personal,
Vacation, Bereavement and Military.
3.
Questions.
3
W
H
A
T
I
S
F
M
L
A
?
FMLA is a federal law that provides eligible employees
with up to 12 weeks of job protected leave for specified
family and medical reasons. These reasons include:
•
The birth or adoption of a child
•
The employee’s own serious medical condition
•
To care for a spouse, child (under 18) or parent with a
serious medical condition
•
For any qualifying exigency arising out of the fact that
a spouse, child or parent is a military member on active
duty or called to active duty
4
W
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T
M
A
K
E
S
A
N
E
M
P
L
O
Y
E
E
E
L
I
G
I
B
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E
?
•
Must be employed by the City
for at least 12 months.
•
Must have worked at least 1250
hours during the previous 12
months.
5
C
O
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M
O
N
M
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S
C
O
N
C
E
P
T
I
O
N
S
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You don’t need to apply for FMLA or leave if you have
sick and/or vacation time.
•
You are doing the employee favor by not having them
apply for FMLA leave.
•
It’s easier to just use sick and/or vacation time instead of
applying for FMLA leave.
•
If a person is out on workers compensation, they don’t
need to apply for FMLA leave.
6
W
H
E
N
T
O
R
E
Q
U
E
S
T
F
M
L
A
FMLA leave is requested for a
“serious” health condition which is
defined as an
illness
, injury,
impairment, or physical or mental
condition that involves inpatient
care or continuing treatment by a
health care provider.
7
C
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N
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F
M
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A
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E
•
Employees are entitled to up to 12 weeks of
unpaid job protected leave measured forward
from their first request.
•
Leave can be taken all at once, intermittently
or at a reduced schedule.
•
Employees on FMLA are not paid for holidays.
8
E
M
P
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Y
E
R
’
S
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E
S
P
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N
S
I
B
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I
T
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E
S
•
Maintain the employee’s benefits during leave.
•
Notify employees of their rights by posting a copy of the
law in a public and accessible space.
•
Provide all employees with a written copy of the law when
they are hired.
•
Notify employees of their rights when they become
eligible for a leave due to specific circumstances.
•
Supervisors, managers, directors and Chiefs (upper
management) are responsible for tracking and reporting
FMLA use to HR.
•
The employer is required by law, to notify the employee
whether they have been approved for FMLA.
9
E
M
P
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O
Y
E
E
S
’
R
E
S
P
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N
S
I
B
I
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I
T
I
E
S
•
Employees have 15 calendar days to complete and return
the forms and Medical Certifications to Human Resources.
•
Human Resources may ask for additional information before
approving a claim and the employee must submit it.
•
The Employer has the right to require a second and third
medical opinion.
•
Must provide notice of return ahead of time.
•
Track the amount of FMLA that has been used.
10
E
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E
E
S
’
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P
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I
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S
•
Continue to certify their need for a leave.
•
Arrange for share of benefit premiums.
•
If an extension is required, documentation needs
to justify that extension.
•
Periodic Notification During Leave: At least once
every four (4) weeks while on leave, employees are
required to contact their supervisor to report on
their status and intention to return to work at the
end of their leave.
11
R
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R
N
I
N
G
F
R
O
M
F
M
L
A
L
E
A
V
E
•
Employees must furnish documentation from their
physician authorizing them to return to work prior
to their return.
•
The documentation should include any restrictions
that the employee may have.
•
The employer has the right not to allow an
employee to return if the physicians restrictions
place an undue burden on the City.
12
P
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•
All information requested on the Certification Form must be supplied, and all the HR LOA
Form(s) must be fully completed and signed.
•
An employee must return the Certification Form within 15 calendar days of the City’s request
•
If an employee never produces a medical certification, then the leave is not FMLA protected
leave.
•
The duration of the leave is must be known and indicated on the forms, estimated time frame
is acceptable.
•
The City, at its own expense, may require an employee to submit to an examination by a
physician selected by the City to verify the condition and expected length of disability.
•
Employees may be asked to submit recertification forms of medical condition while out on
leave, at reasonable intervals of no more than once every 30 days.
13
P
A
R
E
N
T
A
L
L
E
A
V
E
Law applies to all parents, men and women, whose
employers have six or more employees. Under the law,
parents are eligible for 8 weeks of leave per child. If both
parents work for the same employer, they shall only be
entitled to 8 weeks of leave in the aggregate for the birth
or adoption of the same child. Leave may be with or
without pay "at the discretion of the employer.“
Process to request Parental Leave:
No Medical
Certification is required ONLY the HR LOA Form.
14
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P
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I
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Small Necessities Leave Act
allows
employees who
qualify
to
take off up to 24 hours in a 12-month period for:
•
Your
child's school activities, such as parent-teacher
conferences.
•
Yo
ur child's medical appointments.
•
Y
our elderly relative's medical
appointments or appointments for other professional
services related to the elder's care, such as interviewing at
nursing or group homes.
15
P
R
O
C
E
S
S
T
O
R
E
Q
U
E
S
T
S
N
L
A
Leave under the Act may be taken on an intermittent basis (i.e. 2
hours to attend a parent teacher conference) or reduced-time
schedule.
An employee is required to provide his/her department with seven
(7) days’ notice of the need for the leave if the leave is
foreseeable. If the necessity for the leave is not foreseeable, the
employee is required to provide notice of the leave as soon as
practicable.
Employees must substitute any available accrued paid vacation,
personal or sick leave for the leave provided for by the SNLA.
Employees may be required by the City to provide written
certification or documentation to support a request for leave
under the Act.
16
E
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I
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In accordance with MGL Chapter 149, Section 52E
the City of Revere provides its employees up to
fifteen (15) days of unpaid job-protected leave for
certain purposes in any 12-month period if the
employee or employee’s family member is the victim
of abusive behavior. The City requires that
employees exhaust all available leave (sick, personal,
vacation, etc.) before the employee may take
advantage of this leave.
17
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N
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.
•
Full time employees who are not part of a collective bargaining unit accrue
fifteen (15) sick days per calendar year.
•
Usage:
Sick leave may be used for one’s own illness or injury. The City may
require that an employee who is absent due to illness or injury for
five
consecutive days or more than five days in any month provide satisfactory
medical verification
of illness.
•
Return to work: a
t his/her/their or her discretion, a supervisor may require
an employee who has been out of work for five consecutive days or more
than five days in any month to present a Certification of Ability to Return to
Work. The form must be completed by the employee’s health care provider,
and it must state that the employee can return to work and must describe
any work restrictions. If an employee fails to provide a requested
Certification of Ability to Return to Work, the City may delay restoration of
the employee’s job until the employee submits the Certification
18
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.
•
Each regular full-time employee shall be entitled
to
two personal days in each calendar year.
•
Usage:
requests for personal leave are subject to
approval from the department head and should
be
made no less than two weeks in advance, in
writing
. Personal days expire at the end of the
calendar year and are not paid out upon
termination of employment.
19
P
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A
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R
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E
M
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N
T
.
Full time employees who are not part of a collective bargaining unit
accrue vacation time as follows:
Requests for vacation leave should be made in
writing to the department
head at least two weeks in advance
. Vacation leave must be used in the
same calendar year in which it was accrued. Vacation leave may be carried
over into the succeeding year calendar only upon a determination by the
City that it was impossible or impractical for the employee to have taken
his/her/their leave during the current year.
20
B
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A
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G
A
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R
E
E
M
E
N
T
.
Each regular full-time employee shall be entitled to up to
five days
of bereavement leave in the event of the death
of an
immediate family member
. For purposes of this
policy immediate family member is defined as a spouse,
child, mother, mother-in-law, father, father-in-law, grand
parent, brother or sister.
Each regular full-time employee shall be entitled to
three
days
of bereavement leave in the event of the death of
an aunt, uncle, niece, nephew, sister-in-law or brother-
in-law.
21
M
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A
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P
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A
L
P
R
O
V
I
S
I
O
N
S
,
I
F
A
N
Y
.
Employees taking part in a variety of military duties
are eligible for benefits under this policy. Such
military duties include but are not limited to leaves
of absence taken by members of the uniformed
service including Reservists and National Guard
member for training, periods of active military
service and funeral honors duty, as well as time
spent being examined to determine fitness to
perform such service.
22
P
R
O
C
E
D
U
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E
S
F
O
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M
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A
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A
L
P
R
O
V
I
S
I
O
N
S
,
I
F
A
N
Y
.
Unless military necessity prevents it, an employee should provide written notice in advance
for a leave. Generally, at least 30 days.
Written notice is preferred, but not required under the law or this policy.
The notice should include the following information: The dates of deployment, description of
the military activity, contact information of the military authority.
To request a temporary or extended military leave of absence, the employee should generally
obtain a Request for Leave of Absence Form from Human Resources.
Human Resources will review and sign the Request for Leave of Absence Form, collect any
applicable insurance premiums from the employee, generate other applicable documents
and process accordingly.
When the employee intends to return to work, he/she/they should provide sufficient notice
to the supervisor(s) and HR.
If the employee does not return to work, the supervisor must notify Human Resources.
23
WHERE TO FIND HR FORMS:
www.Revere.org/jobs
In person: Human Resources
Office, 2
nd
floor, City Hall.
Via email:
HumanResources@revere.org
24
Providing details on FMLA and PTO, this information session hosted by the City of Revere HR Department covers eligibility, common misconceptions, when to request FMLA, and more. Learn about the federal law's benefits and requirements in an engaging session.
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LOA (LEAVE OF ABSENCE) AND PTO LOA (LEAVE OF ABSENCE) AND PTO (PAID TIME OFF) INFO SESSION. (PAID TIME OFF) INFO SESSION. Hosted by the City of Revere Human Resources Department, under the Direction of the Office of Talent and Culture. February 23rd, 2023.
NEXT INFO SESSIONS NEXT INFO SESSIONS February: LOA and PTO February: LOA and PTO March: Retirement March: Retirement April: Benefits April: Benefits May: DEI May: DEI June: Labor Laws Updates June: Labor Laws Updates 2
AGENDA AGENDA 1. Leave Acts: FMLA, PARENTAL, SNLA. 2. PTO (Paid Time Off): Sick, Personal, Vacation, Bereavement and Military. 3. Questions. 3
WHAT IS FMLA? WHAT IS FMLA? FMLA is a federal law that provides eligible employees with up to 12 weeks of job protected leave for specified family and medical reasons. These reasons include: The birth or adoption of a child The employee s own serious medical condition To care for a spouse, child (under 18) or parent with a serious medical condition For any qualifying exigency arising out of the fact that a spouse, child or parent is a military member on active duty or called to active duty 4
WHAT MAKES AN EMPLOYEE ELIGIBLE? WHAT MAKES AN EMPLOYEE ELIGIBLE? Must be employed by the City for at least 12 months. Must have worked at least 1250 hours during the previous 12 months. 5
COMMON MISCONCEPTIONS COMMON MISCONCEPTIONS You don t need to apply for FMLA or leave if you have sick and/or vacation time. You are doing the employee favor by not having them apply for FMLA leave. It s easier to just use sick and/or vacation time instead of applying for FMLA leave. If a person is out on workers compensation, they don t need to apply for FMLA leave. 6
WHEN TO REQUEST FMLA WHEN TO REQUEST FMLA FMLA leave is requested for a serious health condition which is defined as an impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. illness, injury, 7
CALCULATING FMLA LEAVE CALCULATING FMLA LEAVE Employees are entitled to up to 12 weeks of unpaid job protected leave measured forward from their first request. Leave can be taken all at once, intermittently or at a reduced schedule. Employees on FMLA are not paid for holidays. 8
EMPLOYERS RESPONSIBILITIES EMPLOYER S RESPONSIBILITIES Maintain the employee s benefits during leave. Notify employees of their rights by posting a copy of the law in a public and accessible space. Provide all employees with a written copy of the law when they are hired. Notify employees of their rights when they become eligible for a leave due to specific circumstances. Supervisors, managers, directors and Chiefs (upper management) are responsible for tracking and reporting FMLA use to HR. The employer is required by law, to notify the employee whether they have been approved for FMLA. 9
EMPLOYEES RESPONSIBILITIES EMPLOYEES RESPONSIBILITIES Employees have 15 calendar days to complete and return the forms and Medical Certifications to Human Resources. Human Resources may ask for additional information before approving a claim and the employee must submit it. The Employer has the right to require a second and third medical opinion. Must provide notice of return ahead of time. Track the amount of FMLA that has been used. 10
EMPLOYEES RESPONSIBILITIES EMPLOYEES RESPONSIBILITIES Continue to certify their need for a leave. Arrange for share of benefit premiums. If an extension is required, documentation needs to justify that extension. Periodic Notification During Leave: At least once every four (4) weeks while on leave, employees are required to contact their supervisor to report on their status and intention to return to work at the end of their leave. 11
RETURNING FROM FMLA LEAVE RETURNING FROM FMLA LEAVE Employees must furnish documentation from their physician authorizing them to return to work prior to their return. The documentation should include any restrictions that the employee may have. The employer has the right not to allow an employee to return if the physicians restrictions place an undue burden on the City. 12
PROCESS TO REQUEST FMLA PROCESS TO REQUEST FMLA Foreseeable Foreseeable leave to be provided), also, must notify HR (medical reasons to be provided). leave 30 days' notice is required, in writing to supervisor (no medical details need Unforeseeable Unforeseeable leave acceptable. leave as soon as possible to the supervisor, verbal notice in this case is All information requested on the Certification Form must be supplied, and all the HR LOA Form(s) must be fully completed and signed. An employee must return the Certification Form within 15 calendar days of the City s request If an employee never produces a medical certification, then the leave is not FMLA protected leave. The duration of the leave is must be known and indicated on the forms, estimated time frame is acceptable. The City, at its own expense, may require an employee to submit to an examination by a physician selected by the City to verify the condition and expected length of disability. Employees may be asked to submit recertification forms of medical condition while out on leave, at reasonable intervals of no more than once every 30 days. 13
PARENTAL LEAVE PARENTAL LEAVE Law applies to all parents, men and women, whose employers have six or more employees. Under the law, parents are eligible for 8 weeks of leave per child. If both parents work for the same employer, they shall only be entitled to 8 weeks of leave in the aggregate for the birth or adoption of the same child. Leave may be with or without pay "at the discretion of the employer. Process to request Parental Leave: No Medical Certification is required ONLY the HR LOA Form. 14
SMALL NECESSITIES LEAVE ACT SMALL NECESSITIES LEAVE ACT (SNLA) POLICY (SNLA) POLICY Small Necessities Leave Act allows employees who qualify to take off up to 24 hours in a 12-month period for: Your child's school activities, such as parent-teacher conferences. Your child's medical appointments. Your elderly relative's medical appointments or appointments for other professional services related to the elder's care, such as interviewing at nursing or group homes. 15
PROCESS TO REQUEST SNLA PROCESS TO REQUEST SNLA Leave under the Act may be taken on an intermittent basis (i.e. 2 hours to attend a parent teacher conference) or reduced-time schedule. An employee is required to provide his/her department with seven (7) days notice of the need for the leave if the leave is foreseeable. If the necessity for the leave is not foreseeable, the employee is required to provide notice of the leave as soon as practicable. Employees must substitute any available accrued paid vacation, personal or sick leave for the leave provided for by the SNLA. Employees may be required by the City to provide written certification or documentation to support a request for leave under the Act. 16
EMPLOYMENT LEAVE TO ADDRESS AN EMPLOYMENT LEAVE TO ADDRESS AN ABUSIVE SITUATION ABUSIVE SITUATION In accordance with MGL Chapter 149, Section 52E the City of Revere provides its employees up to fifteen (15) days of unpaid job-protected leave for certain purposes in any 12-month period if the employee or employee s family member is the victim of abusive behavior. The City requires that employees exhaust all available leave (sick, personal, vacation, etc.) before the employee may take advantage of this leave. 17
PTO PTO ( (PAID EMPLOYEES WHO ARE PART OF A UNION ACCRUE TIME ACCORDING TO THE PROVISIONS SET FORTH IN THEIR COLLECTIVE BARGAINING AGREEMENT. PAID TIME OFF) TIME OFF) - - SICK SICK Full time employees who are not part of a collective bargaining unit accrue fifteen (15) sick days per calendar year. Usage: Sick leave may be used for one s own illness or injury. The City may require that an employee who is absent due to illness or injury for five consecutive days or more than five days in any month provide satisfactory medical verification of illness. Return to work: at his/her/their or her discretion, a supervisor may require an employee who has been out of work for five consecutive days or more than five days in any month to present a Certification of Ability to Return to Work. The form must be completed by the employee s health care provider, and it must state that the employee can return to work and must describe any work restrictions. If an employee fails to provide a requested Certification of Ability to Return to Work, the City may delay restoration of the employee s job until the employee submits the Certification 18
PTO PTO ( (PAID EMPLOYEES WHO ARE PART OF A UNION ACCRUE TIME ACCORDING TO THE PROVISIONS SET FORTH IN THEIR COLLECTIVE BARGAINING AGREEMENT. PAID TIME OFF) TIME OFF)- - PERSONAL PERSONAL Each regular full-time employee shall be entitled to two personal days in each calendar year. Usage: requests for personal leave are subject to approval from the department head and should be made no less than two weeks in advance, in writing. Personal days expire at the end of the calendar year and are not paid out upon termination of employment. 19
PTO PTO (PAID TIME OFF) (PAID TIME OFF)- -VACATION EMPLOYEES WHO ARE PART OF A UNION ACCRUE TIME ACCORDING TO THE PROVISIONS SET FORTH IN THEIR COLLECTIVE BARGAINING AGREEMENT. VACATION Full time employees who are not part of a collective bargaining unit accrue vacation time as follows: Requests for vacation leave should be made in writing to the department head at least two weeks in advance. Vacation leave must be used in the same calendar year in which it was accrued. Vacation leave may be carried over into the succeeding year calendar only upon a determination by the City that it was impossible or impractical for the employee to have taken his/her/their leave during the current year. 20
BEREAVEMENT LEAVE BEREAVEMENT LEAVE EMPLOYEES WHO ARE PART OF A UNION ACCRUE TIME ACCORDING TO THE PROVISIONS SET FORTH IN THEIR COLLECTIVE BARGAINING AGREEMENT. Each regular full-time employee shall be entitled to up to five days of bereavement leave in the event of the death of an immediate family member. For purposes of this policy immediate family member is defined as a spouse, child, mother, mother-in-law, father, father-in-law, grand parent, brother or sister. Each regular full-time employee shall be entitled to three days of bereavement leave in the event of the death of an aunt, uncle, niece, nephew, sister-in-law or brother- in-law. 21
MILITARY LEAVE POLICY MILITARY LEAVE POLICY EMPLOYEES WHO ARE PART OF A UNION, SEE YOUR CBA OR UNION REP. FOR ADDITIONAL PROVISIONS, IF ANY. Employees taking part in a variety of military duties are eligible for benefits under this policy. Such military duties include but are not limited to leaves of absence taken by members of the uniformed service including Reservists and National Guard member for training, periods of active military service and funeral honors duty, as well as time spent being examined to determine fitness to perform such service. 22
PROCEDURES FOR MILITARY LEAVE PROCEDURES FOR MILITARY LEAVE EMPLOYEES WHO ARE PART OF A UNION, SEE YOUR CBA OR UNION REP. FOR ADDITIONAL PROVISIONS, IF ANY. Unless military necessity prevents it, an employee should provide written notice in advance for a leave. Generally, at least 30 days. Written notice is preferred, but not required under the law or this policy. The notice should include the following information: The dates of deployment, description of the military activity, contact information of the military authority. To request a temporary or extended military leave of absence, the employee should generally obtain a Request for Leave of Absence Form from Human Resources. Human Resources will review and sign the Request for Leave of Absence Form, collect any applicable insurance premiums from the employee, generate other applicable documents and process accordingly. When the employee intends to return to work, he/she/they should provide sufficient notice to the supervisor(s) and HR. If the employee does not return to work, the supervisor must notify Human Resources. 23
WHERE TO FIND HR FORMS: www.Revere.org/jobs In person: Human Resources Office, 2nd floor, City Hall. Via email: HumanResources@revere.org 24
