8.8
COPC’s Responsibility ● An employee requesting FML will be informed whether they are eligible under FMLA. ● If the employee is eligible, they will be notified of any additional information required as well as the employee’s rights and responsibilities. ● If it is determined that the leave is not protected by the FMLA, the employee will be notified and provided the reason for ineligibility. manager as soon as practicable and must, at a minimum, comply with COPC’s normal call-in procedures. ● Employees requesting FML are required to notify Human Resources to receive information to begin a claim. ● HR will inform employees of additional obligations, including the need for a medical certification supporting the need for FML as well as any obligations under the Americans with Disabilities Act Amendments Act (ADAAA), as needed. How to Request Leave ● An employee must provide 30 days advance notice to their manager of the need to take FML when the need for leave is foreseeable. ● When 30 days’ notice is not possible, the employee must provide notice to their Pay During FML Under the FMLA, Family Medical Leave generally is unpaid. However, COPC has made provisions for employees to receive pay during FML under certain circumstances as described. Exempt and non- exempt employees taking intermittent leave must use available time off accruals, on an hour-for-hour basis when taking time off for FML. Non-exempt employees will not be paid if their time off exceeds their number of available PTO hours. Exempt employees may not be paid for any full work weeks in which they do not have enough available PTO hours to cover the time off.
● A Paid Time Off (PTO): An employee must use accrued PTO hours/days concurrently with FML. ● Floating Holidays: An employee may use available Floating Holidays concurrently with FML. ● Short-Term Disability (STD): An employee may be eligible for STD payments during FML. ● Workers Compensation “Lost Time”: FML runs concurrently with Workers’ Compensation
Lost Time if the basis for the lost time also meets the definition of a serious health condition under the FMLA.
8.9
● When requesting FML, employees must be prepared to provide sufficient information to COPC and its FML administrator in a timely manner to determine if the leave is covered by the FMLA and the anticipated timing and duration of the leave. Sufficient information may include the following: whether the employee is unable to perform job functions; whether the employee’s family member is unable to perform daily activities; the need for hospitalization or continuing treatment by a health care provider; whether the leave is for a reason for which the employee previously took FML; the circumstances supporting the need for military family leave, etc. If the leave is not reported and/or the requested information is not reported timely to both COPC and the Leave Administrator, this time may be considered unexcused.
8.10
● The employee will be informed if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s FML entitlement. ● If the employee is ineligible for FML, COPC may send an ADA accommodation request form for the employee and physician to complete.
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