Policy: Military Caregiver Leave for a Veteran Effective Date: 3/05/1995

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1 POLICY: To outline the responsibilities of Southeast Alabama Medical Center (SAMC) and its employees under the Family and Medical Leave Act of 1993 (FMLA) and the regulations thereof. 1. General Leave Requirements Under FMLA, SAMC will provide each eligible employee up to 26 workweeks of paid or unpaid job protected leave, during a single 12 month period to care for a family member who is a covered veteran with a serious injury or illness. Employees must use accrued ETO and EIB in order to be paid for the duration of FMLA. Paid time may be spread throughout the duration of FMLA in order to cover routine premium insurance deductions. Note: EIB may only be used for self, spouse or children. 2. Employee Eligibility In order to be eligible for leave protection under FMLA, an employee must have been employed for at least 12 months and worked for 1,250 hours in the preceding 12 months from the date the leave is to begin. An employee who is ineligible for FMLA leave may nonetheless be eligible for leave, subject to the rules and requirements of SAMC s other policies. 3. Military Caregiver Leave Entitlements Military caregiver leave allows an eligible employee who is the son, daughter, parent, or next of kin of a covered veteran with a serious injury or illness to take up to a total of 26 workweeks of paid or unpaid leave during a single 12 month period to provide care to the veteran. A veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness is a covered veteran if he or she: Was a member of the Armed Forces (including a member of the National Guard or Reserves) Was discharged or released under conditions other than dishonorable; and Was discharged within the five (5)-year period before the eligible employee first takes FMLA military caregiver leave to care for him or her. For a veteran who was discharged prior to March 8, 2013, the effective date of the FMLA Final Rule, the period between October 28, 2009 and March 8, 2013 will not count towards the determination of the five (5)-year period. For example, if a servicemember retired on October 28, 2007, he or she would have had three (3) years remaining of the five (5)-year period on October 28, The family member requesting FMLA will have three (3) years to begin military caregiver leave starting on March 8, Likewise, if a servicemember Page 1 of 7

2 was discharged on December 1, 2010, the five (5)-year period will begin on March 8, 2013 and extend until March 8, Definition of Parent, Spouse, Son, Daughter, and Next of Kin Under FMLA, a parent, son, or daughter includes not only persons biologically or legally recognized as an employee s parents or children, but also persons who have acted as an employee s parent and persons for whom the employee has accepted day-to-day parental responsibilities, which may include step-children. The term parent does not include a parent-in-law of the employee, and a son or daughter must be one who is under the age of 18 or of any age and mentally or physically incapable of taking care of him/herself, except for leave for a qualified exigency or care of a covered service member. Spouse means a husband or wife as recognized under Alabama law for purposes of marriage, including common law marriage. The next of kin of a covered veteran is the nearest blood relative, other than the current veteran s spouse, parent, son, or daughter, in the following order of priority: 1. A blood relative who has been designated in writing by the servicemember as the next of kin for FMLA purposes 2. Blood relative who has been granted legal custody of the servicemember 3. Brothers and sisters 4. Grandparents 5. Aunts and uncles 6. First cousins When the veteran designates in writing a blood relative as next of kin for FMLA purposes, that individual is deemed to be the veteran s only FMLA next of kin. When the veteran has not designated in writing a next of kin for FMLA purposes, and there are multiple family members with the same level of relationship to the veteran, all such family members are considered the veteran s next of kin and may take FMLA leave to provide care to the veteran. For example, if the veteran has three (3) siblings and has not designated a blood relative to provide care, all three (3) siblings would be considered the veteran s next of kin. Alternatively, where the veteran has one (1) or more siblings and designates a cousin as his or her next of kin for FMLA purposes, then only the designated cousin is eligible as the veteran s next of kin. 5. Calculation Methods The 12-month period that employees will be eligible for FMLA is calculated using a rolling calendar year. This is the 12-month period immediately preceding the commencement of FMLA. Page 2 of 7

3 The single 12-month period for military caregiver leave begins on the first day the employee takes leave for this reason and ends 12 months later, regardless of the 12-month period established by the employer for other FMLA reasons. An eligible employee is limited to a combined total of 26 workweeks of leave for any FMLAqualifying reasons during the single 12-month period. Up to 12 of the 26 weeks may be for an FMLA-qualifying reason other than military caregiver leave. For example, if an employee uses 10 weeks of FMLA for his or her own serious health condition during the single 12- month period, the employee has up to 16 weeks of FMLA left for military caregiver leave. Military caregiver leave is available to an eligible employee once per veteran, per serious injury or illness. However, an eligible employee may take an additional 26 weeks of leave in a different 12-month period to care for the same servicemember if he or she has another serious injury or illness. For example, if an eligible employee takes military caregiver leave to care for a current servicemember who sustained severe burns, the employee would be entitled to an additional 26 weeks of caregiver leave in a different 12-month period if the same servicemember is later diagnosed with a traumatic brain injury that was incurred in the same incident as the burns. An eligible employee may also take military caregiver leave to care for more than one current servicemember or covered veteran with a serious injury or illness at the same time, but the employee is limited to a total of 26 weeks of military caregiver leave in any 12- month period. Additionally, an eligible employee may be able to take military caregiver leave for the same family member with the same serious injury or illness both when the family member is a current servicemember and when the family member is a veteran. 6. Serious Injury or Illness A serious injury or illness means an injury or illness that was incurred by the covered veteran in the line of duty on active duty in the Armed Forces or that existed before the veteran s active duty and was aggravated by service in the line of duty on active duty, and that is either: A continuation of a serious injury or illness that was incurred or aggravated when the veteran was a member of the Armed Forces and rendered the servicemember unable to perform the duties of the servicemember s office, grade, rank or rating; or A physical or mental condition for which the veteran has received a U.S. Department of Veteran s Affairs Service-Related Disability Rating (VASRD) of 50 percent or greater, and the need for military caregiver leave is related to that condition; or A physical or mental condition that substantially impairs the veteran s ability to work because of a disability or disabilities related to military service, or would do so absent treatment; or An injury that is the basis for the veteran s enrollment in the Department of Veterans Affairs Comprehensive Assistance for Family Caregivers. Page 3 of 7

4 Any one of these definitions meets the FMLA definition of a serious injury or illness for a covered veteran regardless of whether the injury or illness manifested before or after the individual became a veteran. 7. Certification Requirements A) An employee requesting FMLA protected leave in order to care for a parent, spouse, child or next of kin (limited circumstances) who is a veteran with a serious health condition will be required to provide Employee Health & Wellness a completed certification form from the treating health care provider. B) An employer may require that the leave to care for a covered servicemember be supported by a certification completed by an authorized health care provider or by a copy of an Invitational Travel Order (ITO) or Invitational Authorization (ITA) issued to any member of the covered servicemember s family. Employees may use the U.S. Department of Labor s optional form WH-385. An authorized health care provider is a: United States Department of Defense (DOD) health care provider United States Department of Veterans Affairs (VA) health care provider DOD TRICARE network authorized private health care provider DOD non-network TRICARE authorized private health care provider Non-military-affiliated health care provider An employer may request a second or third opinion of a current veteran s serious injury or illness only when a certification is provided by a non-military health care provider. 8. Advance Notice of Leave A) Except in the cases of a qualified exigency or care for a covered service member, an employee is required to provide his/her supervisor with at least 30 days advance notice of anticipated FMLA. In the event of a medical emergency when a 30 day notice is not possible, the employee is required to notify the supervisor immediately. B) If an employee fails to satisfy the 30 day notice requirement for a non-emergent event, the requested leave may be postponed until the notice requirement is satisfied. C) Any denial or postponement of FMLA must be approved by Employee Health & Wellness. 9. Intermittent or Reduced Hour Leave A) For intermittent leave or leave on a reduced leave schedule taken to care for a covered veteran with a serious injury or illness, there must be a medical need for leave and it must be that such medical need can be best accommodated through intermittent or reduced leave schedule. Page 4 of 7

5 B) The supervisor may, with concurrence of Human Resources, require that the employee transfer temporarily to an available alternative position of equivalent pay and benefits that better accommodates the recurring periods of leave. C) When leave is necessary for scheduled treatment by a health care provider; the employee is required to make reasonable efforts to schedule the treatments so as not to unduly disrupt hospital operations. 10. When Both Spouses Are Employed Spouses who are eligible for FMLA leave and are employed by the same covered employer may be limited to a combined total of 26 workweeks of leave during the single 12 month period if the leave is taken to care for a covered veteran with a serious injury or illness. This limitation on the total weeks of leave applies to leave taken for the reasons specified as long as the spouses are employed by the same employer. It would apply, for example, even though the spouses are employed at two different worksites of an employer located more than 75 miles from each other, or by two different operating divisions of the same company. On the other hand, if one spouse is ineligible for FMLA leave, the other spouse would be entitled to a full 26 workweeks of FMLA leave. 11. Use of the Accrued Leave Benefits; Status During Unpaid Leave Employees must use accrued ETO and EIB in order to be paid for the duration of FMLA. Paid time may be spread throughout the duration of FMLA in order to cover routine premium deductions. Note: EIB may only be used for self, spouse, or children. 12. Effect of Leave on Position, Pay and Benefits A) Employees taking FMLA protected leave under this policy will be returned to the same position, shift and pay held before leave. The employee may be placed in an equivalent position with the same pay with the concurrence of Human Resources. B) Medical and dental benefits as well as life insurance and long term disability insurance will be maintained during the leave period at the same level of coverage and at the same premium as though the employee was not on leave. While on FMLA the employee will be responsible for payment of insurance premiums in order to continue the above stated benefits. C) Employees will have current benefit premiums deducted from their paycheck. If an employee does not have a paycheck, they will be billed on a monthly basis. If payment is not received, benefits may be cancelled and the employee will not be able to reinstate them until open enrollment and all arrears are paid. D) Leave taken under this policy will not result in the loss of any employee benefits accrued before the leave started. 13. Effect of Leave on Attendance Employees taking leave under this policy will not be penalized for absenteeism. All leave, whether taken at one time or on an intermittent basis, will be considered excused absence. Page 5 of 7

6 14. Unlawful Interference It is unlawful for a supervisor to interfere with, restrain, or deny the exercise of rights given under FMLA. Therefore, supervisors may not terminate or otherwise discriminate against employees who avail themselves of their rights to FMLA or who oppose the employer s denial of such. An employee experiencing any problems should report this to the next level of supervision or to the Director of Human Resources. 15. Policy Clarification This policy has been developed in compliance with The Family and Medical Act of 1993 and the revisions up to the current date. Questions regarding implementation of this policy will be answered based upon application of current and any future revisions of regulations pertaining to FMLA. 16. Privacy/Confidentiality A) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of an employee and necessary accommodations. B) Certification records for employees and family members will be filed in the respective employee health records located in Employee Health & Wellness. It is a HIPAA violation for these records to be stored in the employee s departmental or personnel file. 17. Alternative Employment No employee, while on leave of absence, shall work or be gainfully employed either for himself/herself or others unless express, written permission to perform such outside work has been granted by SAMC. Any employee on a leave of absence who is found to be working elsewhere without permission will be automatically terminated. Reviewed/Revised: 3/96, 1/00, 3/04, 12/05, 1/07, 1/08, 6/08, 10/08, 11/08, 12/08, 1/09, 3/09, 10/09, 1/10, 1/12, 1/13, 1/15, 2/15, 10/15 Page 6 of 7

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