Brothers and Sisters,
As we begin the New Year I would like to update you on some FMLA changes or things that you might not be aware of.
Who is Eligible?
If you have been employed for at least 12 months and worked at least 1250 hours during the 12 months immediately proceeding the first day of leave (this averages to about 25 hours per week over 12 months). Hours counted towards the 1250 do not include vacation, medical leave, or time off under employee compensation.
What is a “Serious Health Condition?”
The FMLA regulations define qualifying serious health conditions as an illness, injury or physical or mental condition that involves one or more of the following:
· A hospital stay of at least one night;
· Incapacity of more than 3 consecutive calendar days(not necessarily
workdays and continuing treatment by a health care provider).
· Incapacity due to a serious chronic disorder which requires periodic visits for treatment (for example asthma, diabetes, chronic back pain).
· Incapacity due to pregnancy or for prenatal care.
· Long term or permanent disability.
· An absence to receive multiple treatments for restorative surgery after an injury or to prevent a period of capacity of more than 3 consecutive days.
What is meant by “incapacity”?
Incapacity means the inability to perform one essential function of your job, or perform other regular daily activities due to the serious health condition, treatment there of, or recovery there from.
What is meant by “treatment”?
- Treatment by a healthcare provider on a least one occasion, which results in a regimen of treatment
- Treatment on two or more occasions by a healthcare provider within 30 days of the first day of incapacity, unless extenuating circumstances exist
- The first or only visit to the healthcare provider must take place within 7 days of the incapacity
Does a healthcare provider have to be a licensed physician?
No. The FMLA regulations define “health care provider” fairly broadly. The term not only includes physicians but also optometrists, osteopaths, chiropractors, podiatrist, dentists, clinical psychologists, Christian Science practitioners, nurse practitioners, nurse midwives, and clinical social employees (if authorized under state law to diagnose and treat serious health conditions without supervision), and other providers recognized by the employer or group health plan.
The above information only applies to FMLA. We still need the Metlife Attending Physician Forms filled out if you are out more than 3 consecutive days. If you have any questions or need help with any of the forms please call your rep at the hall so we may assist you.
magne [at] ibew824 [dot] org