8.11
8.8
The Employee’s Responsibilities
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
● An employee must provide the requested documentation as indicate in Section 8.9. ● Provide COPC and its FML administrator with timely periodic updates and additional documentation as requested during the leave to confirm continued FML eligibility. Failure to respond timely, may waive the employee’s continued rights under the FMLA and be considered an unexcused absence. ● During intermittent FML, the employee must notify/report the absence to their Direct Supervisor immediately. This may also require the employee to submit the absence as PTO in COPC’s time and attendance system. ● During intermittent FML, the employee must report their absence as FML to the FML administrator for every absence, including the number of hours being used in the Leave Administrator’s portal. ● If the employee’s situation has changed, the employee is required to notify their Direct Supervisor and the FML administrator in a timely manner.
● Providing the employee’s direct supervisor and the FML administrator with a signed note from the treating physician of the employee’s ability to return-to-work (when the absence is for their own serious health condition). Consistent with COPC’s policy regarding all types of leave, the following conduct is strictly prohibited in relation to FMLA leave: ● Engaging in fraud, misrepresentation, or providing false information to COPC or any health care provider. ● Having other employment during the leave, without prior written approval from COPC. ● Failure to comply with the employee’s obligations under this policy. ● Failure to return from the leave. Employees who engage in conduct described above will be subject to loss of benefits, denial or termination of leave, and corrective action, up to and including termination of employment.
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.
8.12
COPC’s Commitment
COPC will not interfere with, restrain, or deny the exercise of any right provided by the FMLA, nor will it discharge or discriminate against any individual for opposing any practice or involvement in any proceeding relating to the FMLA. COPC
recognizes the co-existence of state and/or local laws regarding family and medical leave. Where such laws apply and provide greater family and medical leave rights than the FMLA, COPC will comply with those laws.
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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Questions and concerns can be directed to your immediate supervisor, Human Resources (614) 304-2080 or the Compliance Hotline (866) 539-5813
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