RCUH Policies and Procedures
Research Corporation
of the University of Hawai’i
Human Resources Department
Welcome to the Research Corporation of the University of Hawai‘i (RCUH). We are happy that you have chosen to work for RCUH and hope that you will find your experience with us both challenging and rewarding.
This New Hire Reference Guide has been created as a supplement to the New Hire Orientation (NHO) session, which you arerequiredtoattendinordertosuccessfullypassyourNewHireProbationPeriod. AttheconclusionofNHO,pleasebe sure to complete the Certificate of Awareness and Understanding Form and return it to RCUH Human Resources immediately.
Should you have any questions or need further assistance at any time during your employment, please do not hesitate to contact us at the numbers listed below. We will be happy to assist you. Best wishes to you as you begin your employment as an RCUH employee.
Sincerely,
Nelson M. Sakamoto Director of Human Resources
Welcome…
RCUH HUMAN RESOURCES DEPARTMENT
Contact Information: 1601 East-West Road Burns Hall
4th Floor, Makai Wing, Honolulu, Hawai‘i 96848
Website: www.rcuh.com Email: [email protected] Phone: (808) 956-3100
Fax: (808) 956-9423
Equal Opportunities Employer – Minorities/Women/Disability/ Veteran
HUMAN RESOURCES SECTIONS
CONTACT INFORMATION
RCUH Human Resources: General Inquiries
(808) 956-3100
Policy Matters, EEO/Sexual Harassment Complaints, Workplace Violence, Training
(808) 956-3100
Employee Benefits, Time Off/Leaves/Disability
(808) 956-6979
Payroll, Paychecks, Direct Deposit, Time Reports
(808) 956-7624
Immigration/Work Authorization
(808) 956-0871
* This Reference Guide should not be construed as a statement of policy or procedure. It is also not intended to be an Employee Handbook and does not create a contract between you and the RCUH, University of Hawai‘i, or any other agency, program, or individual. All RCUH employees are state, non-civil service employees subject to the policies and procedures of the RCUH. Your continued employment is dependent upon program/operational needs, satisfactory work performance, availability of funds, and compliance with applicable Federal/State Laws. You are encouraged to review the Human Resources Policies and Procedures; which will provide you with additional details, eligibility requirements, procedures, deadlines, and other important information. Please be advised that RCUH may change or delete any policy, practice, procedure, benefit or guideline at any time, with or without notice.
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Research Corporation
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Human Resources Department
Some Key Things You Need to Know…
Topic
Description
Reference
Employee Self-Service (ESS) & Changes to Personal
Information
You will receive an email from RCUH containing your ESS User ID and Password. ESS allows you to update personal records, view payroll information, and apply for open vacancies, etc. via the internet in a secured setting. It is your responsibility to keep your personal data updated at all times.
NOTE: There is a “black-out” period each pay period (i.e., semi- monthly) due to payroll processing. During this black-out period, you will only be able to “view” your contact info, but will not be able to update/change any info until the black-out is lifted. See “Personnel Action Deadline” schedule on your ESS main page for black-out periods.
Employee Self-Service
3.290 RCUH Reporting of
Changes & Corrections of Employee’s Personal Records
Your Paycheck
All paychecks will be directly deposited into your bank account. You may view/print your pay statements via ESS.
Note: Pay statements are ONLY available via ESS; no paper statements will be issued.
3.820 RCUH Payroll Checks
Employee Communication
Information pertaining to your employment will be posted on the RCUH website, which can be found in the “News” section of our home page. Urgent notices may be sent to you via e-mail.
www.rcuh.com
UH Alert Emergency Notification System
The UH system alerts the university community in the event of a natural, health, or civil emergency.
Sign up for Alerts
www.hawaii.edu/alert
New Hire/Job Probationary Period
You will remain on a new hire/job probationary status for the first twelve (12) months from date of hire. This is a formal evaluation period when you must demonstrate your ability to perform the duties and responsibilities of your job in a satisfactory manner or better. During this time, you are at-will and may be terminated at any time without a statement or reason.
3.264 RCUH Probationary Period
Work Schedules
Your Principal Investigator establishes your work schedule, therefore, check with your supervisor to ensure that you are meeting the project’s scheduling/attendance requirements. All work schedules must be compliant with the Fair Labor Standards Act (FLSA).
3.262 RCUH Work Schedule, Work Week and Work Hours
Time-off
If time-off is needed, submit your request to your supervisor. If you are sick, you must contact your supervisor no later than one (1) hour after your scheduled start time. If you are absent for five (5) or more consecutive work days due to illness, a doctor’s note is required.
See Page 7, “Time Off Benefits”
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Research Corporation
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Human Resources Department
Topic
Description
Reference
Dual Employment
All RCUH employees (regardless of status or category) must disclose their dual appointment between the University of Hawai‘i and RCUH, or concurrent appointment with another government agency, or other employer doing business with his/her project. An RCUH Dual/Concurrent Employment Form must be completed and submitted to RCUH Human Resources at least seven (7) days prior to the commencement of the dual appointment. It is the employee’s responsibility to notify RCUH of any changes to their Dual Employment Arrangement. RCUH reserves the right to deny any dual or concurrent appointment.
3.250 RCUH Dual Employment
Employment of Relatives & Other Close Relationships
An Employment of Relatives & Other Close Relationships Form must be submitted and approved if you will be working in the same program with a family member or person of a close relationship prior to engaging in employment to ensure that fair and equitable treatment is maintained when employing relatives or other close relationships.
3.255 RCUH Employment of Relatives & Other Close Relationships
Performance Evaluations
Your Principal Investigator will complete an Annual Performance Evaluation for you each year; which provides a means to evaluate, document, and apprise employees of their overall job performance for a designated period of time. Additional evaluations may be conducted since appraisals are a continuous process.
3.410 RCUH Annual Performance Evaluations
3.360 RCUH Performance Based Compensation
Workers’ Compensation
If you suffer a work-related injury/illness, you must report it in a timely and accurate manner to your Principal Investigator/Designee. Your Principal Investigator must report the illness/injury to the RCUH Human Resources Office within twenty- four (24) hours of its occurrence by filling out a “Supervisor’s Report of Industrial Injury Form.” You must also submit any medical certifications to your Principal Investigator/Designee.
3.580 RCUH Workers’ Compensation
3.930 RCUH Safety and Accident Prevention Program
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Research Corporation
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Human Resources Department
SUMMARY OF RCUH BENEFITS
The following table provides an overview of the benefits available to eligible Regular-Status Employees. You may need to submit required RCUH and/or vendor forms in order to receive certain benefits. Therefore, it is important to reference the entire policy on the RCUH website for the most recent version of the forms required for each type of benefit.
Your Benefits…
Type of Benefits & Eligibility Requirements
Description of Benefit
Effective Date Of Coverage
3.520 RCUH Health Plans*
Regular Status, 50-100% FTE
RCUH offers several health care options including medical (includes prescription drug and vision riders) and dental coverage. Health Plans are offered through HMSA and Kaiser. Dental coverage is available through Hawaii Dental Service (HDS).
Worldwide Coverage:
• HMSA: If you elect the Comprehensive Medical plan or the Preferred
Provider plan, the Blue Card Worldwide program is available when you travel/live abroad. Refer to the Blue Card Worldwide brochure or visit the Blue Card website for more information. However, if you elect the Health Plan Hawaii Basic or Health Plan Hawaii Plus plan, worldwide coverage is only available outside of Hawaii in emergency or urgent care situations.
• Kaiser: If you elect either Kaiser Plan, worldwide coverage is only available outside of Hawai‘i in emergency or urgent care situations. Refer to the Kaiser Visiting Member Brochure for more information.
• HDS: If you elect HDS, worldwide coverage is available outside of Hawai‘i. Worldwide participating dentists include dentists within the Delta Dental Plans Association. You can locate a Delta Dental dentist at www.deltadental.com (Click on “Dentists”, then “Find a Dentist.” Choose the Network Selection: Delta Dental Premier, then type in your address or zip code).
NOTE: If you reside out of state and/or are traveling, you should review the RCUH Health Plans policy in detail to ensure that you choose the right plan and/or are prepared before you leave on travel.
If your health insurance is cancelled, you may be offered continuation of coverage under COBRA. This will allow you (and your dependents if eligible) to continue your health coverage at 102% of the premium under RCUH’s group rates for 18-36 months. See the General Notice of COBRA Continuation Coverage Rights for more information (Go to “Benefit Summary” and click on “COBRA General Notice.doc”).
If hired between 1st – 20th of the month, coverage begins 1st of the following month.
If hired after the 20th, coverage begins the 1st of the 2nd month.
Note: Coverage ends at the end of the month of ineligibility (e.g., termination of employment, FTE reduction below 50%, Leave of Absence without pay, etc.).
3.530 RCUH Flexible Spending Plan* Regular-Status, 50-100% FTE
Allows you to deduct money on a pretax basis to pay for certain medical and dependent care expenses. Deductions lower your taxable income, which reduces money paid on federal, state, and Social Security taxes.
1. Medical Expense Reimbursement = IRS-eligible medical, dental, drug, and vision expenses for you and your dependents that your
Coverage begins the 1st day of the month following date of hire.
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Human Resources Department
Type of Benefits & Eligibility Requirements
Description of Benefit
Effective Date Of Coverage
health plan(s) do not cover.
2. Dependent Care Reimbursement = Expenses include IRS-eligible
childcare services, including preschool and after school care and/or care of someone, child or adult, who is physically or mentally incapacitated and who is dependent upon you.
IMPORTANT NOTE: This is a use it or lose it plan meaning you will forfeit all unspent monies at the end of the plan year (i.e. June 30). You have up to ninety (90) days to submit reimbursement for services incurred on or before June 30.
Pre-tax Transportation Benefit (See Policy 3.530) Regular-Status, 50-100% FTE
Allows you to set aside a portion of your salary and allocate it towards qualified transportation expenses such as parking, transit (e.g. bus passes), and commercial vanpool, on a pre-tax basis.
Coverage effective date is determined by your hire date and the type of Transportation selected.
Group Retirement Annuity
(See Policy 3.560)
Regular-Status 50-100% FTE
RCUH provides a non-contributory, defined contribution retirement benefit through TIAA-CREF. Your project will contribute 10% of your base salary (fully employer-paid) to your GRA, and all contributions are immediately 100% vested.
After 1 year AND 1,000 hrs of service as a Reg- status employee. Both conditions must be met at 1 year service date.
Supplemental Retirement Annuity (SRA)
(See Policy 3.560) Regular-Status 50-100% FTE
The voluntary Supplemental Retirement Annuity (SRA) plan will allow you to make tax deferred contributions to a TIAA CREF Retirement account based on a specified dollar amount or percentage amount of base salary per pay period as allowed by the Internal Revenue Service for the applicable calendar year.
1st pay period following receipt of a completed enrollment form.
3.540 RCUH Group Life Insurance
Regular-Status 75-100% FTE
Offers your beneficiary (ies) important financial protection in the event of your death. The benefit provides for (2) times your annual salary not to exceed $600,000.
Coverage begins 1st of the month following date of hire.
3.545 RCUH Long-Term Care (LTC) Insurance * Regular-Status 75-100% FTE
Provides you and your family with assistance in meeting the financial impact of an extended illness, injury, or your advancing age. Supplemental Long Term Care (STLCI) is also available if you would like to increase your LTC level coverage.
Coverage begins 1st of the month following date of hire.
3.570 RCUH Long-Term Disability Insurance (LTDI) Regular-Status 75-100% FTE
Provides partial income to assist you if you are disabled for 90 days or more because of an illness or injury. This benefit pays 60% of your pre-disability earnings not to exceed $15,000 per month. An Employee Assistance Program (EAP) is also available as a benefit under the LTDI policy, which provides for up to three (3) counseling sessions.
Coverage begins 1st of the month following date of hire.
3.580 RCUH Workers’ Compensation
All RCUH employees
Provides benefits if you become ill or injured on the job (see Chapter 386, Hawai‘i Revised Statutes). If you get injured on the job you must notify your supervisor immediately and ensure your supervisor fills out a Supervisor’s Accident Report within twenty-four (24) hours of the incident occurring.
Coverage is available from date of hire.
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Human Resources Department
Type of Benefits & Eligibility Requirements
Description of Benefit
Effective Date Of Coverage
3.460 RCUH Tuition Expense Reimbursement Regular-Status 100% FTE
RCUH encourages professional development through education by reimbursing eligible employees for job related courses. Reimbursements are limited to the Resident Tuition Rate of the University of Hawai‘i at Manoa. Reimbursements are limited to the cost of three (3) credits per academic semester, or nine (9) credits per calendar year. NOTE: This is a first come, first serve benefit since there is a limited amount of funding allocated towards this benefit.
Eligible employees may apply after completing one year of continuous service.
DELL Employee Purchase Plan
All RCUH employees
You and your family members are eligible to receive discount prices and special offers for Dell computer hardware/software products using the Employee Purchase Plan. Go to http://www.dell.com/rcuh. Your member ID is PS69864576.
Upon hire.
3.610 UH/RCUH Faculty/Staff ID Card Regular-Status
You may obtain a UH Faculty/ Staff Identification Card which will provide you certain benefits and privileges offered by the University of Hawai‘i at Manoa, and University of Hawai‘i at Hilo. ID cards will be valid for no more than two (2) years from the date of issuance.
Eligible employee may apply for an ID card upon hire.
Employee Recognition Programs Regular-Status
3.440 RCUH Service Award Program:
RCUH recognizes eligible Regular employees for their dedicated years of service.
3.450 RCUH Outstanding Employee of the Year Award:
This program encourages, recognizes, and rewards employees who have made demonstrable, significant and outstanding contributions. You must be nominated by your Principal Investigator.
See individual policies for details.
* Open Enrollment (OE): Open enrollment normally begins in April of each year with changes/new enrollment effective on July 1st. During OE, you can add dependents, make changes to your plans, or enroll in health insurance if you previously waived coverage. New monthly premium rates and any changes to plans are also announced during this time. Please be on the lookout for this important announcement and note the pertinent deadlines as open enrollment occurs once annually.
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Research Corporation
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Human Resources Department
SUMMARY OF RCUH LEAVE BENEFITS
Time Off Benefits…
This is a brief summary of RCUH’s Leave Benefits. Please refer to the full policy on www.rcuh.com for details. Policies may be subject to change with or without notice. Please email RCUH Benefits ([email protected]) if you have any questions.
Most leaves must be requested and approved by your supervisor. Therefore, it is important that you find out what your project’s work schedule, attendance and call-in procedures are. Failure to return to work upon completion of an authorized leave may result in your termination of employment. Consequently, it is important that you contact your supervisor when there are changes to your leave dates.
Leave Benefit
Description
Eligibility Requirements
3.344 RCUH Holidays, Holiday Pay & Admin Leave With Pay
The RCUH observes all holidays observed by the University of Hawai‘i and Hawai‘i State Agencies. You have thirteen (13) paid holidays per year or14 days on a general election year. Holiday pay is based on your FTE.
Regular-Status
3.620 RCUH Vacation Leave
You accrue twenty-one (21) days of vacation per year at your FTE. You can start using your vacation on the first day of the following pay period in which hours are earned.
Vacation Plan A – You cannot carry forward more than ten (10) workdays of vacation in a calendar year.
Vacation Plan B – You cannot carry forward more than fifteen (15) workdays of vacation in a calendar year. The maximum accumulation shall not exceed forty-five (45) workdays.
All vacation hours exceeding the maximum carry-over of their applicable vacation plan will be forfeited on December 31st of the calendar year.
Regular-Status, 50-100% FTE
3.640 RCUH Sick Leave
You accrue twenty-one (21) days of sick leave per year at your FTE. You can start using your sick leave on the first day of the following pay period in which hours are earned. You can carry over your sick leave hours from the prior calendar year without forfeiting. Sick leave is only partially paid out (refer to policy).
Regular-Status, 50-100% FTE
3.650 RCUH Leave of Absence Without Pay
All vacation hours must be exhausted prior to going on leave without pay. The leave period (including paid and unpaid time) shall not exceed a period of six (6) months. *NOTE: Your benefits will be dropped if you do not have enough premiums to cover your health insurance.
Regular-Status
Under the Hawai‘i “Victims Protection” Law, you may be provided up to thirty (30) days of unpaid leave and/or other reasonable accommodations if you are victim of domestic or sexual violence (barring any undue hardship for the program to provide such accommodations)
At least six (6) months of continuous service
3.660 RCUH Family Leave
Allows time off (up to four (4) weeks under Hawai‘i Leave Law or up to twelve (12) weeks under Family and Medical Leave Act) for certain Family-related reasons (i.e. the birth or adoption of a child, to care for a
See Policy for eligibility requirements
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Research Corporation
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Human Resources Department
Leave Benefit
Description
Eligibility Requirements
family member with a serious health condition, due to your own serious health condition or to take Military Family Leave because of a qualifying exigency, or to care for a covered service member). You must submit an RCUH Family Leave request no later than thirty (30) days before commencing leave if foreseeable. If not foreseeable, you need to inform RCUH immediately.
3.670 RCUH Bereavement Leave
Allows for paid time off to attend to the affairs relating to the death of an immediate family member. It allows for paid administrative leave of up to three (3) days.
Regular-Status
3.672 RCUH Jury Duty Leave
Allows for paid time off taken from work when you are summoned to jury duty.
Regular-Status
3.674 RCUH Military Leave
Allows for leave and paid time off to participate in active duty or training in the Armed Forces (up to ten (10) working days or eighty (80) hours depending on the employee’s FTE).
Regular-Status
3.676 RCUH Blood Donation
Allows for paid time off to donate blood to the Blood Bank of Hawai‘i (not to exceed two (2) hours) provided that your Principal Investigator or authorized designee approves the leave in advance, and is contingent upon operational requirements and the work schedule determined by the Principal Investigator or authorized designee.
Regular-Status
3.678 RCUH Administrative Time Off to Attend Parent- Teacher Conferences
Allows for paid time off to attend a pre-scheduled parent-teacher conference for your child(ren) in grades K through 12 (not to exceed two (2) hours) and shall be allowed for up to two (2) conferences per child during a single calendar year (January through December). The following must be submitted to RCUH Human Resources:
1. The Request for Approval of Paid Leave to Attend Parent- Teacher Conference form (completed by the employee and the teacher).
2. Your timesheet with the earnings code “LPT” under the “Paid Leave” column.
Regular-Status
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Research Corporation
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Human Resources Department
Important Information About Your Timesheets:
Your Pay…
RCUH Payroll is processed on a semi-monthly basis with two pay periods each month (1st-15th and 16th-end-of-month).
You must complete the Employee Time/Leave Certification Form (Time Sheet) or authorized equivalent in order to be paid. Check with your supervisor for the deadlines established by your project.
Accurate time reporting is mandatory and falsification of time reported may lead to disciplinary actions, including termination of employment.
For certain types of leaves, supporting documentation may need to be submitted in order to get compensated.
Important Information About Your Paychecks:
Pay Days are the 7th and 22nd of each month. When the 7th or 22nd falls on a weekend or holiday, pay day is the preceding business day.
Direct deposit is mandatory and your net pay will be automatically deposited to your account(s) from your first paycheck.
Pay statements are available on the RCUH Employee Self-Service system (in printable PDF format). RCUH does not issue or mail-out paper advices. You must access this information via the Employee Self-Service system.
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Research Corporation
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Human Resources Department
EEO/Sexual Harassment:
Some Important Rules, Policies, and Training…
You are entitled, by law, to receive equal employment opportunity without regard to race, color, religion, sex, sexual orientation, national origin, ancestry, age, disability, genetic information, arrest and court record, marital status, or status as a disabled veteran or veteran of the Vietnam era. You are also entitled to a workplace environment in which you can work with security, dignity, and freedom from sexual harassment. See Equal Employment Opportunity and Sexual Harassment.
Safety & Accident Prevention:
You are required to follow established safety procedures while on duty for work, therefore, be sure to be familiar with your project’s specific safety policies relating to the use of required safety equipment(s) and safe work practices. See Safety and Accident Prevention Program.
Controlled Substances are Prohibited:
The unlawful manufacture, distribution, dispensation, possession, and/or use of controlled substances or the unlawful possession, use, or distribution of alcohol in the workplace is prohibited. Reporting to duty under the influence of any controlled substance is also prohibited. See Drug Free Workplace.
Violence in the Workplace is Prohibited:
We maintain a zero tolerance for violence in the workplace. This includes physically harming another, shoving, pushing, harassment, verbal, written or physical intimidation, coercion, brandishing weapons, threats or talk of violence, and horseplay. See Workplace Violence Prevention.
Electronic Communications:
Electronic media/services provided by the project are considered the “property of the project.” As such, the primary purpose of its use should be to facilitate and support the business of the project. There are no rights to privacy and you should not assume electronic communications are totally private. See Electronic Communications.
If you suspect any violations of law, policy or regulation, experience any adverse/retaliatory action for reporting, attempting to report, or participating in an official investigation, or believe that your supervisor/co-worker has acted improperly, illegally or in a manner otherwise inconsistent with their job duties and responsibilities, you are encouraged to report this to the RCUH Director of Human Resources at (808) 956-3100. RCUH prohibits any form of adverse action or retaliation against employees reporting violations to a regulatory agency and/or the RCUH Human Resources Department.
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Research Corporation
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Human Resources Department
RCUH NEW HIRE ORIENTATION FOR REGULAR STATUS EMPLOYEES
CERTIFICATE OF AWARENESS AND UNDERSTANDING
IMPORTANT: Please complete, sign, and return to RCUH Human Resources Immediately upon either participation in
the New Hire Orientation or viewing of the New Hire Orientation.
This is to certify that I am now aware of the benefits offered to me by the RCUH and various RCUH policies including, but not limited to the following:
• Employee Self Service & Reporting Changes to Personal Data
• Probationary Period
• Work Schedules
• Dual Employment & Employment of Relatives/Other Close Relationships
• Performance Evaluations
• Health Insurance and General Notice of COBRA Continuation of Coverage Rights
• Flexible Spending Plan & Transportation Benefits
• Retirement (Group and Supplemental)
• Workers’ Compensation, Life, Long Term Disability & Long Term Care Insurance
• Tuition Expense Reimbursement, Employee ID Cards and Employee Recognition Programs
• Holidays, Vacation and Sick Leave, Family Leave (Federal Family and Medical Leave Act and Hawai‘i
Family Leave Law), Bereavement Leave, Jury Duty Leave, Military Leave, Administrative Leave for Blood Donation, Parent-Teacher Conference Leave, Victims Protection Leave & various leaves with/without pay
• Payroll & Time Reporting
• Equal Employment Opportunity and Sexual Harassment
• Reporting Employment Related Complaints
• Safety & Accident Prevention, Controlled Substance/Drug-Free Workplace, Violence in the Workplace
• Code & Standards of Conduct, Electronic Communications
The New Hire Reference Guide is not intended to be an Employee Handbook and does not create a contract between you and the RCUH, University of Hawai‘i or any other agency, program or individual. The RCUH may change or delete any policy, practice, procedure, benefit or guideline at any time, with or without notice. I understand that failure to follow and adhere to RCUH policies and procedures at any time during my employment may result in disciplinary action including and up to termination of employment.
______________________________________________ __________________ Employee Signature Date
Employee Name:
Check One:
I attended the New-Hire Orientation Session on . I viewed the online New Hire Orientation on .
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EMPLOYEE RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT
THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION
LEAVE ENTITLEMENTS
Eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period 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 1 year of 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.
An eligible employee who is a covered servicemember’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 servicemember with a serious injury or illness.
An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule.
Employees may choose, or an employer may require, use of accrued paid leave while taking FMLA leave. If an employee substitutes accrued paid leave for FMLA leave, the employee must comply with the employer’s normal paid leave policies.
While employees are on FMLA leave, employers must continue health insurance coverage as if the employees were not on leave.
Upon return from FMLA leave, most employees must be restored to the same job or one nearly identical to it with
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.
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 the employer for at least 12 months;
Have at least 1,250 hours of service in the 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.
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.
Employees do not have to share a medical diagnosis, but must provide enough information to the employer so it can determine 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
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.
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:
1-866-4-USWAGE
(1-866-487-9243) TTY: 1-877-889-5627
www.dol.gov/whd
BENEFITS & PROTECTIONS
ELIGIBILITY REQUIREMENTS
REQUESTING LEAVE
EMPLOYER RESPONSIBILITIES
ENFORCEMENT
U.S. Department of Labor Wage and Hour Division
WH1420 REV 04/16