McKay's FMLA Policy
An employee who works for a covered employer must meet three criteria in order to be eligible for FMLA leave. The employee must:
Have worked for McKay’s for at least twelve (12) months;
Have worked at least 1,250 hours during the past twelve (12) months before taking leave; and
Work at a location where the employer has at least 50 employees within 75 miles of the employee’s worksite.
FMLA applies equally to all employees, provided the qualifications for Leave have been satisfied.
Leave Entitlements and Qualifying Reasons
McKay’s FMLA Leave policy offers eligible employees up to twelve (12) weeks of unpaid, job-protected, leave during any calendar year (January 1 through December 31) for the following reasons:
The birth of a child or placement of a child for adoption or foster care;
To bond with a child (leave must be taken within one year for the child’s birth or placement);
To care for the employee’s spouse, child, or parent who has a qualifying serious health condition;
For the employee’s own qualifying serious health condition that makes the employee unable to perform the employee’s job;
For qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse, child, or parent.
See Fact Sheet #28 (US Department of Labor) for more detailed information regarding qualifying reasons for FMLA Leave.
An eligible employee who is a covered service member’s spouse, child, parent, or next of kin may also take up to 26 weeks of FMLA leave in a single 12-month period to care for the service member with a serious injury or illness.
In certain circumstances, employees may take intermittent Leave or Leave on a reduced schedule. Medical certification will determine the necessity of such Leave. Each time an employee takes FMLA Leave, the remaining Leave entitlement equals the balance of the 12 weeks that has not been used during the current calendar year.
When intermittent leave is needed to care for an immediate family member or the employee’s own serious health condition, and is for planned medical treatment, the employee must try to schedule the treatment so as not to unduly disrupt McKay’s business operations.
Substituting Paid Leave
Employees are required to use their accrued Paid Time Off (PTO) leave during their FMLA Leave. Once PTO has been exhausted, McKay’s will liquidate their accrued PTO hours to cover all scheduled work shifts which are missed during FMLA Leave. Any liquidation of PTO hours beyond that level must be requested by the employee in writing (or in a phone conversation with the manager, if the employee is unable to come in to complete the PTO form). The employee’s FMLA Leave period may extend beyond the scope of their PTO hours.
The employee must comply with the employer’s normal paid leave policies.
Benefits & Protections
While employees are on FMLA leave, employers must continue health insurance coverage as if the employees were not on leave.
You must pay your portion of the insurance premium during the time you are out on Leave to have continued health care coverage. If you will be liquidating PTO hours during your FMLA Leave, your share of the premiums for health care coverage will continue to be paid by payroll deduction. If not, McKay provides two options for payment of your health care premiums:
Pay as you go
Catch-up: pay back the sum of the missed insurance premiums when you return to work.
For all foreseeable Leave, the bookkeeper will inform the employee of the cost of insurance
premiums, and the employee will select a repayment option prior to the start of the FMLA
FMLA Leave does not affect your seniority or your status with regards to benefits. Since you are not actually working, no PTO hours will accrue during FMLA Leave, nor will you be eligible for holiday pay during the Leave. However, FMLA Leave will not count against you in determining PTO Leave accrual for the following year or eligibility for the profit sharing program.
RETURN FROM LEAVE
Employees returning from Leave will be reinstated to the same or equivalent position, with equivalent pay and benefits. If the employee can no longer perform one of the essential tasks of the position he or she formerly held, an individual determination will be made as to whether the employee can be returned to the same position.
Employees returning from a Leave for a serious health condition must provide their Manager with certification from a health care provider documenting their fitness to return to work.
An employer may not interfere with an individual’s FMLA rights or retaliate against someone for using or trying to use FMLA leave, opposing any practice made unlawful by the FMLA< or being involved in any proceeding under or related to the FMLA.
Generally, employees must give 30-days’ advance notice of the need for FMLA leave. If it is not possible to give 30-days’ notice, an employee must notify the employer as soon as possible and, generally, follow the employer’s usual procedures.
If the Leave is foreseeable and the employee does not provide a 30-day notice, McKay may delay Leave until 30 days after notice is given if the employee does not have a good excuse for failing to provide the required notice. If Leave is not foreseeable, notice of the need for leave must be provided as soon as practicable, which ordinarily means notification within one (1) to two (2) business days. The notice may be either verbal or written, and can be from a relative or responsible party.
Employees have two days upon returning to work to notify the employer that prior Leave was taken for FMLA qualifying reasons.
Certification of a Serious Health Condition
If FMLA Leave is based on a serious health condition, whether it involves the employee or a family member (spouse, domestic partner, child, or parent), medical certification from a health care provider will be required. The required medical certification paperwork will be provided by the employee’s Manager upon notice by the employee of the need for FMLA leave.
Employees do not have to share a medical diagnosis, but must provide enough information to the employer so it can determine if the leave qualifies for FMLA protection. Sufficient information could include informing an employer that the employee is or will be unable to perform his or her job functions, that a family member cannot perform daily activities, or that hospitalization or continuing medical treatment is necessary. Employees must inform the employer if the need for leave is for a reason for which FMLA leave was previously taken or certified.
If the employer determines that the certification is incomplete, it must provide a written notice indicating what additional information is required.
If the Leave is foreseeable and the employee has given 30 days notice, the employee must return completed medical certification paperwork to the employee’s Manager before the Leave begins. In any other situation, McKay will give the employee 15 days to provide medical certification. If the employee does not return the medical certification paperwork within 15 days, or within a reasonable period in cases of medical emergencies, McKay may delay the continuation of the employee’s FMLA Leave, or deny leave altogether if the certification paperwork is never provided. Under some circumstances, McKay may request recertification during the employee’s FMLA Leave. The employee will be notified if recertification is required.
Whenever an employee learns of a change in the anticipated length of a FMLA Leave, the employee must notify McKay within two (2) business days of learning of such a change.
Employees must contact their supervisor once every 30 days during the FMLA Leave to inform McKay of the employee’s continuing intent to return to work.
Failure to Return from Leave
Employees who are unable to return to work at the end of the Leave should notify their supervisor in writing at least two weeks in advance. Failure to return to work at the end of Leave may result in termination of employment.
Our obligation to maintain health benefits during FMLA Leave ceases once you inform us of your intent not to return from Leave or if you fail to return from Leave or continue on Leave after exhausting your FMLA entitlement during the calendar year. At this time, health insurance benefits will be terminated or can be continued under COBRA at the employee’s request, provided you complete the proper COBRA continuation forms.
Once an employer becomes aware that an employee’s need for leave is for a reason that may qualify under the FMLA, the employer must notify the employee if he or she is eligible for FMLA leave and, if eligible, must also provide a notice of rights and responsibilities under the FMLA. If the employee is not eligible, the employer must provide a reason for ineligibility.
Employers must notify its employees if leave will be designated as FMLA leave, and if so, how much leave will be designated as FMLA leave.
Employees may file a complaint with the U.S. Department of Labor, Wage and Hour Division, or may bring a private lawsuit against an employer.
The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights.
For additional information or to file a complaint:
(1-888-487-9243) TTY: 1-877-889-5627
U.S. Department of Labor | Wage and Hour Division