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WHY PEOPLE HAVE CALLED IN THEY ARE NOT FMLA. THOSE ARE NOT QUALIFYING. TO CARE FOR A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION. DUE TO YOUR OWN SERIOUS HEALTH CONDITION. ACTIVE DUTY, WHICH IS MILITARY, AND MILITARY CAREGIVER, AND I WILL EXPLAIN THOSE IN A LITTLE BIT MORE DETAIL COMING UP.

SO SERIOUS HEALTH CONDITION IS ILLNESS, INJURY IMPAIRMENT OR PHYSICAL OR MENTAL CONDITION THAT INVOLVES IN PATIENT CARE OR CONTINUING TREATMENT BY A HEALTH CARE PROVIDER. SO BASICALLY IN PATIENT CARE, OVERNIGHT STAY IN A HOSPITAL, HOSPICE OR RESIDENTIAL MEDICAL CARE FACILITY. IF YOU HAVE A CONDITION OR FAMILY MEMBER HAS A CONDITION WHICH PUTS THEM IN THE HOSPITAL OVERNIGHT, THEY GET OUT OF THE HOSPITAL, AND THEN THEY STILL NEED MORE TIME OFF BECAUSE THEY ARE INCAPACITATED OR THEY ARE GOING FOR THEIR TREATMENT RELATED TO THE CONDITION THAT PUT THEM IN THE HOSPITAL. THAT TIME OFF IS GOING TO QUALIFY FOR FMLA BECAUSE IT WAS RELATED TO IN PATIENT CARE.

THEN THERE IS THE CONTINUING TREATMENT ASPECT OF FMLA. THESE INCAPACITY PLUS TREATMENT AND TO GIVE YOU EASY EXAMPLE OF THAT, I WAS INCAPACITATED, INCAPABLE OF COMING TO WORK, FROM LAST WEDNESDAY, BASICALLY THROUGH TODAY, AND I WENT TO THE DOCTOR BECAUSE IF I DIDN'T GO TO THE DOCTOR, ALL OF MY COWORKERS WERE GOING TO KILL ME. I WAS ABSENT FOR MORE THAN THREE FULL CONSECUTIVE CALENDAR DAYS, NOT JUST WORKDAYS, AND I GOT TREATMENT. OKAY.

PREGNANCY OR PRENATAL CARE. IT APPLIES WHEN YOU ARE PREGNANT AND RECEIVING PRENATAL CARE. IT APPLIES WHEN YOU ARE GIVING BIRTH.

IT I AM APPLIES IF YOU HAVE WHERE A FAMILY MEMBER IS GOING TO GET PROGRESSIVELY WORSE. CONDITIONS REQUIRING MULTIPLE TREATMENTS. I AM IN A CAR ACCIDENT, AND I SHATTER MY JAW. I HAVE TO GO FOR RECONSTRUCTIVE SURGERY, THREE OR FOUR SURGERIES OVER A SIX MONTH PERIOD. ALL THAT TIME OFF WILL QUALIFY UNDER THE CONTINUING TREATMENT ASPECT OF FMLA AS A CONDITION REQUIRING MULTIPLE TREATMENT. SO INCAPACITY PLUS TREATMENT IS PERIOD OF INCAPACITY OF MORE THAN THREE CONSECUTIVE FULL CALENDAR DAYS, AND ANY SUBSEQUENT TREATMENT OR PERIOD OF INCAPACITY RELATING TO THE SAME CONDITION THAT ALSO INVOLVES TREATMENT TWO OR MORE TIMES. SO IF I GO TO THE DOCTOR AGAIN, I AM GOING TO QUALIFY FOR FMLA UNDER THIS. I WAS INCAPACITATED MORE THAN THREE CONSECUTIVE THREE FULL CALENDAR DAYS. IF I GO BACK AGAIN, I WILL QUALIFY FOR FMLA. OR I WAS INCAPACITATED FOR MORE THAN THREE CALENDAR DAYS. I WAS TREATED AND GIVING A REGIMENT OF CONTINUING TREATMENT UNDER FMLA CAN BE A COURSE OF ANTIBIOTICS, SOME SORT OF PRESCRIPTION MEDICINE, OR PHYSICAL THERAPY. THAT'S A REGIMENT OF CONTINUING TREATMENT. YOU HAVE TO GO ONCE TO THE DOCTOR, AND HE PRESCRIBES SOMETHING. IF YOU JUST GO (INAUDIBLE)

IF YOU ARE DOWN FOR THE COUNT FOR THREE CONSECUTIVE FULL CALENDAR DAYS, WE GO TO THE DOCTOR, ALL HE SAYS "HEY, DRINK PLENTY OF FRIEWDZ, AND DON'T GO OUT." THAT'S NOT GOING TO QUALIFY BECAUSE THAT'S NOT SOMETHING THAT YOU NEEDED TO GO TO THE DOCTOR FOR HIM TO REALLY TELL YOU. OR THAT'S NOT A REGIMENT OF CONTINUED TREATMENT. IT HAS TO BE A LITTLE BIT MORE THAN BED REST OR DRINKING FLUIDS. TREATED BY A HEALTH CARE PROVIDER HAS TO BE IN PERSON VISIT TO A HEALTH CARE PROVIDER. NO DIAL A DOCK, NO E-MAILING YOUR DOCTOR. THE DOCTOR HAS TO SEE YOU. AND HE HAS TO SEE YOU THAT VISIT FIRST VISIT MUST TAKE PLACE WITHIN SEVEN DAYS OF THE FIRST DAY OF INCAPACITY. I CAME IN JUST UNDER THE WIRE. I WENT TO A DOCTOR ON THE SECOND DAY. SO MY VISIT AND THE CONTINUING REGIMENT, REGIMENT OF CONTINUING TREATMENT WILL QUALIFY. SO IT HAS TO BE WITHIN SEVEN DAYS THE FIRST DAY OF INCAPACITY. IT CAN'T BE YOU ARE SICK, YOU CALL IN, AND THEN YOU FIND OUT THAT YOU ARE OUT OF BENEFIT TIME, AND, OH, NOW I AM SUBJECT TO UNAUTHORIZED ABSENCE. I BETTER GO TO THE DOCTOR, AND NOW WE ARE TALKING THREE WEEKS AFTER THE ABSENCE YOU GO TO THE DOCTOR. THAT'S NOT GOING TO QUALIFY FOR FMLA PROTECTION. FIRST VISIT HAS TO TAKE PLACE WITHIN SEVEN DAYS OF THE DAY OF INCAPACITY WHEN YOU ARE GETTING QUALIFIED UNDER TREATMENT. WHERE YOU ARE GETTING TREATMENT, YOU QUALIFY BECAUSE YOU ARE INCAPACITATED MORE THAN THREE FULL CALENDAR DAYS, AND YOU GET TREATMENT TWO OR MORE TIMES. THE SECOND VISIT HAS TO TAKE PLACE WITHIN 30 DAYS OF THE FIRST DAY OF INCAPACITY, ABSENT EXTENUATING CIRCUMSTANCES MEANING YOUR DOCTOR CAN'T GET YOU IN. WHICH, IN CHICAGO, IS PRETTY LIKELY, THAT THEY ARE BOOKED SOLID, AND TRY GETTING IN. STHIEMS THEY CAN'T. THAT'S EXTENUATING CIRCUMSTANCE. YOU HAVE TO LET YOUR EMPLOYER KNOW THAT. STAWNS ABUSE. THIS IS ONE THAT I HAVE SEEN A LOT LATELY, AND I JUST SHAKE MY HEAD. FMLA ONLY COVERS (INAUDIBLE)

SUBSTANCE ABUSE, WE GET PEOPLE WHO CALL IN BECAUSE THEY ARE TOO DRUNK OR TWO HUNG OVER TO COME TO WORK. THAT ABSENCE IS NOT FMLA PROTECTED. YOU ACTUALLY HAVE TO BE MISSING WORK BECAUSE YOU ARE IN TREATMENT, THOT BECAUSE YOU ARE TOO DRUNK OR TWO HUNG OVER. AND YOU CAN ALSO TAKE CARE OF FAMILY MEMBER RECEIVING TREATMENT FOR SUBSTANCE ABUSE. CHRONIC CONDITIONS, MIGRAINES, DIABETES, ASTHMA, AND THE LIKE, OKAY.

UNDER THE NEW REGULATION, YOUR DOCTOR HAS TO CERTIFY TO US THAT YOU ARE GETTING TREATMENT FOR THOSE CONDITIONS TWICE IN A YEAR. IT USED TO BE THAT YOU DIDN'T HAVE TO SAY YOU WERE GETTING TREATED EVEN THAT YEAR. NOW THE HEALTH CARE PROVIDER HAS TO CERTIFY THAT THEY VISIT AT LEAST TWICE A YEAR, A CHRONIC CONDITION CONTINUES OVEREXTENDED PERIOD OF TIME AND CAUSES EPISODEIC PERIODS RATHER THAN CONTINUING CAPACITY, MEANING SOMEONE'S MIGRAINE KICKS IN AND DOWN FOR COUNT FOR THE DAY. SOMEONE HAS EPILEPTIC SEIZURE AND NEEDS TO TAKE TWO DAYS OFF. IT IS TWO DAYS, NOT THREE WEEKS. IT IS EPISODIC INCAPACITY.

MY DAUGHTER IS GIVING BIRTH. CAN I TAKE FMLA TIME TO SPEND WITH HER AND THE BABY? THE REGULATIONS HAVE NOW MADE CLEAR IT IS ONLY A HUSBAND, NOT THE BOYFRIEND OR ONE NIGHT STAND WHO IS PERMITTED TO TAKE FMLA DURING THE PREGNANCY TO CARE FOR THE PREGNANT FEMALE. SO IF THE PREGNANT, (INAUDIBLE)

IF THE SPAWS BECOMES INCAPACITATED, GRANDMA, BEING EMPLOYEE, CAN'T TAKE FMLA PROTECTED TIME OFF TO CARE FOR HER DAUGHTER. SHE MAY BE ABLE TO USE SICK FAMILY TIME, BUT IT IS NOT GOING TO BE FMLA PROTECTED TIME OFF. THE SAME THING WITH THE BIRTH. GRANDMA IS NOT GOING TO BE ALLOWED TO TAKE TIME OFF FOR BIRTH. AFTERWARDS, TO SPEND TIME AND BOND WITH THE BABY, THAT ALSO ONLY GOES TOWARDS THE PARENTS. NOW, AFTER THE BIRTH, I BELIEVE THE FATHER OF THE CHILD CAN GET FMLA TIME. WE WOULD REQUIRE SOME PROOF OF PATERNITY. BUT DURING THE PREGNANCY, THE BOYFRIEND IS THOT FMLA TIME. IT IS NOT A SPOUSE. AFTER THE BIRTH, WHEN HE IS THE FATHER, THEN HE CAN GET FMLA TIME OFF TO CARE FOR AND BOND WITH THE BABY. GRANDPA CANNOT. WE GET A LOT OF CRAZY HUSBANDS AND WIVES WHO THINK IT IS A GOOD IDEA TO WORK FOR THE STATE. WE CALL THOSE DYNAMIC DUOS. SO IF YOU HAVE GOT (INAUDIBLE)

IF YOUR SPOUSE WORKS FOR DHS AND YOU WORK FOR D.C.F.S., YOU FALL INTO THIS CATEGORY. UNDER FMLA, YOUR RIGHTS ARE LIMITED WHEN IT COMES TO THE BIRTH AND BONDING WITH THE NEWBORN, WITH THE PLACEMENT FOR ADOPT SHUFN FOSTER CARE OR CARING FOR ONE OF THE PARENT WITH A SERIOUS HEALTH CONDITION, YOU SPLIT 12 WEEKS FOR THOSE PURPOSES. IF THE WIFE USES SIX WEEKS TO STAY HOME AND BOND WITH THE BABY, THE HUSBAND HAS ONLY SIX WEEKS THAT HE CAN USE TO BOND WITH THE BABY, BUT HE HAS A TOTAL OF 12 WEEKS THAT HE COULD USE FOR ANY OTHER REASON. SO WHEN IT IS THAT SPECIFIC REASON, THEY ARE LIMITED TO 12 WEEKS BETWEEN THEM. IF THE WIFE TAKES ALL 12 OF HER WEEKS TO CARE FOR HER MOTHER, HE HAS GOT 12 WEEKS TO USE FOR ANY REASON OTHER THAN CARING FOR A NEWBORN, CARING FOR ADOPTED BABY, OR FOSTER CHILD OR CARING FOR HIS OWN PARENTS. HE CAN'T TAKE ANY TIME OFF FOR THOSE REASONS IF HIS WIFE USED ALL 12 WEEKS. IT IS A SHARED DYNAMIC. THE REASON THAT THEY DID THAT WAS BECAUSE THEY ORIGINALLY CREATED FMLA BACK IN THE 90'S, THEY WANTED TO TAKE AWAY THE STIGMA THERE WAS FROM EMPLOYERS HIRING MARRIED COUPLES. BY MAKING THEM SHARE THE WEEKS, THE LEGISLATURE FIGURED THAT THIS WAY EMPLOYERS WOULD HAVE INCENTIVE, IT IS NOT LIKE THEY WOULD HAVE 24 WEEKS BETWEEN THEM TO TAKE OFF WORK. SO THEY SHARED THE 12 WEEKS. BONDING TIME, OKAY, THAT'S THE TIME TAKEN OFF AFTER THE BIRTH OF A NEWBORN INFANT OR AFTER THE PLACEMENT OF A CHILD FOR ADOPTION OF FOSTER CARE. IT IS TO GET TO KNOW THE CHILD AND BOND WITH THE CHILD. UNDER FMLA, IT IS UP TO THE EMPLOYER WHETHER TO ALLOW INTERMITTENT TIME OFF FOR BONDING. WE GENERALLY DON'T. IF YOU GO ON MA PERSON TERN TY OR PATERNITY LEAVE, AGENCIES UNDER THE JURISDICTION OF CMS DO NOT. IF YOU GO ON MATERNITY OR PATERNITY LEAVE, FMLA STARTS TO RUN THE DAY YOU START MISSING WORK FOR MATERNITY OR PATERNITY HAD. IF YOU RETURN TO WORK AT THE END OF THE FOUR WEEKS, YOU HAVE USED FOUR WEEKS OF FMLA AND USED UP MATERNITY TIME, AND NOW YOU HAVE GOT EIGHT WEEKS OF FMLA TO USE FOR ANY OTHER REASON OTHER THAN BONDING OF WE DON'T ALLOW PEOPLE TO TAKE FRIDAY'S OFF TO BOND BECAUSE INEVITABLY, THEY USE IT FOR ANOTHER PURPOSE. THEY GO HUNTING. THEY GO SHOPPING, AND THAT BABY IS STRAPPED TO YOUR BACK, BUT THE BABY ISN'T INTO HUNTING AT LESS THAN A YEAR OF WE DON'T ALLOW INTERMITTENT TIME OFF BONDING. FMLA RUNS CONCURRENTLY WITH MA PERSON TERN TY OR PATERNITY. WHO COUNTIES AS FAMILY? EASIEST WAY TO TELL YOU, WHO DOESN'T COUNT. GRANDPARENT, SIBLINGS, IN LAW'S, AND DOMESTIC PARTNERS DON'T COUNT AS FAMILY UNDER THE CURRENT FMLA REGULATIONS. YOU CAN TAKE TIME OFF TO CARE FOR SPOUSES, PARENTS, CHILDREN UNDER 18, STEPCHILDREN AND LEGAL WARDS, ADULT CHILDREN WITH SEVERE MENTAL OR PHYSICAL HANDICAPS WHO ARE INCAPABLE OF SELF-CARE. WE WILL TALK ABOUT THAT IN A MINUTE OF BASICALLY, THIS IS FAMILY. OTHER THING YOU SHOULD KNOW IS THAT WITH (INAUDIBLE)

WELL, I WILL GET INTO THAT IN A SECOND. WHO COWBTS AS A SPOUSE? FOR FMLA PURPOSES, ILLINOIS DOESN'T RECOGNIZE SAME SEX MARRIAGE. IN ILLINOIS, SPOUSE MEANS OPPOSITE SEX PARTNER OF LEGALLY MARRIED EMPLOYEE. DOMESTIC PARTNERS, REGARDLESS WHETHER THEY ARE SAME SEX OR OPPOSITE SEX, DO NOT QUALIFIED AS A SPOUSE UNDER FMLA. WHAT IS THE DEFINITION OF A PARENT? BIOLOGICAL, ADOPTIVE, STEP OR FOSTER MOTHER OR FATHER OR ANY OTHER INDIVIDUAL WHO IS PARENTAL TO THE EMPLOYEE WHEN THE EMPLOY UNDERAGE 18. THEY RECOGNIZE AT LOVE US IN THIS COUNTRY ARE RAISED BY OTHERS OTHER THAN BIOLOGICAL PARENTS. SOMETIMES WE ARE RAISED BY GRANDPARENTS. SOMETIMES WE ARE RAISED BY AUNTS AND UNCLES. IF WE WERE RAISED BY SOMEBODY, OTHER THAN OUR BIOLOGICAL PARENTS UNDER THE AGE OF 18, WHEN WE BECOME ADULTS, WE ARE ALLOWED TO TAKE FMLA PROTECTED TIME OFF TO CARE FOR THEM WHEN THEY HAVE A SERIOUS HEALTH CONDITION. BUT THEY HAD TO WITHSTOOD IN LOCAL PARENTUS, IN PLACE OF OUR PAIRS. WHEN I WAS GROWING UP, MY GRANDMOTHER LIVED WITH US. MY PARENTS HAD TO PRIMARY RESPONSIBILITY FOR OUR CARE, AND FINANCIAL WELL-BEING. BUT MY GRANDMOTHER LIVED WITH US, SOMETIMES SHE COOKED FOR US, AND A LOT OF TIMES SHE GOT US IN TROUBLE. I WOULD NOT BE ABLE TO TAKE FMLA TIME FOR GRANDMA BECAUSE GRANDMA DIDN'T STAND IN PLACE OF MY PARENTS. SHE WAS THERE, BUT MY PARENTS HAD THE PRIMARY RESPONSIBILITY. SO IT IS NOT GRANDMA LIVED WITH YOU. IT IS GRANDMA WAS YOUR PARENT. IN LAWS DON'T COUNT UNDER PARENTS. ADULT CHILDREN, OKAY, ARE HELD TO A HIGHER STANDARD. IF THE CHILD OF THE EMPLOYEE IS 18 OR OLDER, THE CHILD OF THE EMPLOYEE HAS TO BE INCAPABLE OF SELF-CARE BECAUSE OF THE MENTAL OR A PHYSICAL DISABILITY AT THE TIME THE FMLA IS TO COMMENCE. WE TAKE A REALLY GOOD CLOSE LOOK AT THIS. I HAD ONE SITUATION WHERE AN EMPLOYEE SUBMITTED FMLA PAPERWORK. SHE WANTED TO START FMLA PAPERWORK ON DECEMBER 14, I THINK, AND SHE WAS GOING OUT OF STATE TO CARE FOR HER ADULT DAUGHTER WHO WAS HAVING A PRETTY SERIOUS SURGERY. AND THE DAUGHTER, BECAUSE OF THE SURGERY, WOULD BE INCAPABLE OF SELF-CARE. SO THE PROBLEM WAS SHE WASN'T INCAPABLE OF SELF-CARE AT THE TIME IT WAS TO COMMENCE. IT IS REALLY I THINK THE ORIGINAL INTENTS OF THIS LANGUAGE FOR PARENTS WHO HAVE CHILDREN WITH (INAUDIBLE)

CHILDREN WITH DEVELOPMENTAL DISABILITIES OR SEVERE MENTAL DISABILITIES, THAT WHEN HE HIT AGE 18 ARE TRULY STILL CHILDREN. THEY ARE NOT CAPABLE OF SELF-CARE, AND THEY STILL NEED THEIR PARENT TO CARE FOR THEM WHEN THEY HAVE A SERIOUS HEALTH CONDITION. SO THAT IS (INAUDIBLE)

THAT'S THE STANDARD. IT IS A HIGHER STANDARD. YOUR KID BREAKS HIS LEG. HIS 25. IT IS NOT GOING TO QUAL TIE FOR FMLA BECAUSE HE IS NOT INCAPABLE OF SELF-CARE BECAUSE OF A MENTAL OR PHYSICAL DISABILITY. THE DETERMINATION WHETHER SOMETHING QUALIFIES AS MENTAL OR PHYSICAL DISABILITY, FMLA LOOKS AT THE AMERICANS WITH DISABILITY ACT. ADA DOES NOT COVER TEMPORARY CONDITIONS THAT ARE LIKELY TO HEAL. SO IT TAKES EIGHT WEEKS TO HEAL A BROKEN LEG. IN THE EYES OF FMLA, THAT'S A TEMPORARY CONDITION. THAT'S FOR AN ADULT CHILD, YOU ARE NOT GOING TO GET TIME OFF FOR A BROKEN LEG. IF YOUR KID IS 15, YOU WILL GET THE TIME OFF BECAUSE HE IS UNDER 18, NOT HELD TO THE STAPLE STANDARD AS AN ADULT CHILD. TOO MANY CONDITIONS, TOO LITTLE TIME. I AM CERTIFIED FOR THREE DIFFERENT CONDITIONS FOR MYSELF, TUTOR MY WIFE, AND TWO FOR MY KID. DO I GET 12 WEEKS FOR EACH CONDITION! AHHHHH, NO, NO! YOU ONLY GET 12 WEEKS IN A 12 MONTH PERIOD. I LIKE TO SAY, HOW YOU DIVVY ALL THAT TIME UP IS UP TO YOU, BUT YOU ONLY GET 12 WORK WEEKS IN 12 MONTH PERIOD REGARDLESS OF HOW MANY DIFFERENT CONDITIONS YOU GET CERTIFIED. THE OTHER THING IS, JUST BECAUSE YOU ARE CERTIFIED FOR ONE CONDITION, DOESN'T MEAN YOU ARE CERTIFIED FOR EVERYTHING. EVERY CONDITION THAT YOU HAVE THAT YOU BELIEVE SHOULD BE PROTECTED BY FMLA HAS TO BE CERTIFIED WITH YOUR EMPLOYER, VIA A MEDICAL CERTIFICATION. WE ARE ENTITLED TO A CERTIFICATION BECAUSE WE ARE IN FOR EVERY CONDITION SO WE KNOW TO EXPECT HOW MUCH WORK YOU ARE LIKELY TO MISS FOR THAT CONDITION. ACTIVE DUTY LEAVE. WHO GETS TO TAKE ACTIVE DUTY LEAVE? THE SPOUSE, SON OR DAUGHTER OF A PARENT OF A COVERED MILITARY MEMBER. THIS LEAVE KICKS IN WHEN SOMEBODY WHO IS IN THE ARMY RESERVE OR ARMY NATIONAL GUARD GETS NOTICED THAT THEY ARE BEING CALLED TO ACTIVE DUTY. IT DOESN'T APPLY TO REGULAR ARMED FORCES. SO IF YOU HAVE GOT A SON OR A HUSBAND THAT IS FULL TIME MILITARY, ACTIVE DUTY DOESN'T APPLY TO THEM. THIS ONLY APPLIES TO PEOPLE WHOSE SPOUSES OR FAMILY MEMBERS ARE IN THE RESERVES OR NATIONAL GUARD. AND WHEN THEY GET A CALL TO ACTIVE DUTY, THE REASON THAT THEY (INAUDIBLE)

I DON'T KNOW WHY THEY PUT IT UNDER THE FAMILY MEDICAL LEAVE ACT. COULD HAVE CALLED IT THE FAMILY MILITARY LEAVE. THROUGH FMLA, IT ALLOWS PEOPLE TO TAKE TIME OFF TO PREPARE FOR THE FACT THAT THEIR FAMILY MEMBER IS GOING TO IRAQ OR GOING TO AFGHANISTAN. THEY GET THE TIME OFF. HERE IS WHY THEY GET THE TIME OFF. HERE IS THE REASONS? SHORT NOTICE DEPLOYMENT. IF THEY GET TOLD YOU ARE LEAVING IN SEVEN DAYS, YOU, AS EMPLOYEE, COULD TAKE UP TO SEVEN DAYS OFF WITH SHORT NGHTS DEPLOYMENT. IF THEY GET NOTICE OF ACTIVE DUTY, PEOPLE (INAUDIBLE)

EMPLOYEES GET TO TAKE TIME OFF FOR MILITARY EVENTS LIKE GOING AWAY WHERE THEY HAVE THE BIG THING AT THE NATIONAL GUARD ARMORY, WHERE YOU SEE ON THE NEWS, PEOPLE ARE SHIPPING OFF, AND THERE IS A CEREMONY. (INAUDIBLE)

(INAUDIBLE)

FOR FINANCIAL AND LEGAL ARRANGEMENTS, YOU GET (INAUDIBLE)

THEY WOULD GET TIME OFF FOR R AND R. POST DEPLOYMENT ACTIVITIES LIKE THEY ARE RETURNING FROM MILITARY LEAVE SO THEY O WOULD GET TIME OFF TO GO TO THE AIRPORT TO WELCOME THEM HOME. THERE IS A CATCH-ALL ADDITIONAL ACTIVITIES. UNDER THAT ONE, THE EMPLOYER AND EMPLOYEE HAVE TO AGREE THAT IT IS A QUALIFYING, THEY HAVE TO ALSO AGREE HOW MUCH TIME OFF AND WHEN THE PERSON WOULD START THE LEAVE WITH ACTIVE DUTY LEAVE, THE AGENCY, YOUR EMPLOYER IS ENTITLED TO ITS CERTIFICATION FORM FOR EACH TYPE OF THESE. IF YOU ARE GOING AWAY, YOU GET A CERTIFICATION FOR THAT. IF YOU NEED TIME OFF FOR CHILD CARE OR SCHOOL ACTIVITIES, WE NEED A CERTIFICATION FOR THAT. WITH R AND R, YOU CAN ONLY TAKE UP TO FIVE DAYS OF LEAVE FOR EACH R AND R. WHAT WAS HAPPENING BEFORE THEY ISSUED THIS REGULATION IS WE WERE HAVING EMPLOYEES CALL UP AND SAY, MY HUSBAND IS COMING HOME FOR 30 DAYS. I WANT OFF 30 DAYS OFF OF WORK. AND AGENCIES THAT ARE COMPLETELY SHORT STAFFED LIKE DEPARTMENT OF CORRECTIONS, AND DHS, THEY WERE LIKE, OH, MY GOD, 30 DAYS, WHAT ARE WE GOING TO DO? WE ARE ALREADY UNDERSTAFFED AS IS. WE GAVE THE PEOPLE THE TIME, BUT WE GAVE THEM THE TIME OFF WITH THE LIMITATION OR THE RESTRICTION IF THE DEPARTMENT OF REGULATION DETERMINES THAT WE DON'T HAVE TO ALLOW 30 DAYS, WE MAY NOT ALLOW THIS THIS THE FUTURE. THAT'S EXACTLY WHAT THEY DSM THEY SAID YOU CAN TAKE UP TO FIVE DAYS OF LEAVE FOR EACH INSTANCE OF R AND R. COULD THEY ALSO PUT IN FOR VACATION TIME? ABSOLUTELY. BUT FMLA, WE ONLY HAVE TO ALLOW UP TO FIVE DAYS. MILITARY CAREGIVER LEAVE. I HONESTLY, KNOCK ON SIMULATED WOOD SOMEWHERE IN THIS ROOM, I DON'T THINK WE HAVE HAD TO DEAL WITH SOMEBODY WHO HAS HAD A FAMILY MEMBER INJURED IN IRAQ. I AM HOPING THAT I NEVER GET THAT CALL BECAUSE IT WILL BREAK MY HEART. MILITARY CAREGIVER LEAVE IS FOR THE (INAUDIBLE)

WHEN CURRENT MEMBER (INAUDIBLE)

REGULAR ARMED FORCES IS BACK. IF YOUR FAMILY MEMBER IS IN THE REGULAR ARMY, YOU WOULD BE ABLE IT TO TAKE CAREGIVER LEAVE WHEN THEY HAVE A SERIOUS INJURY OR ILLNESS WHICH IS INCURRED IN THE LINE OF ACTIVE DUTY, FOR WHICH E O HE OR SHE IS UNDERGOING MEDICAL TREATMENT, RECUPERATION OR THERAPY OR OTHERWISE OUTPATIENT STATUS. IN ORDER TO BE ELIGIBLE, YOU HAVE TO BE THE SPOUSE, SON OR DAUGHTER, OR PARENT OR NEXT OF KIN OF SOMEONE IN THE MILITARY. SO THEY CAN (INAUDIBLE)

MILITARY MEMBER CAN IDENTIFY SPECIFIC NEXT OF KIN. THESE ARE THE PEOPLE WHO COULD QUALIFY AS NEXT OF KIN. SPOUSE VERSUS NEXT OF KIN. JUST BECAUSE SOMEBODY HAS A WIFE, IF YOU, EMPLOYEE ARE THE SISTER OF A MILITARY MEMBER WHO IS INJURED IN THE LINE OF DUTY, YOU WOULD QUALIFY FOR FMLA JUST BECAUSE THERE IS A SPOUSE DOESN'T TAKE YOU OUT OF THE PICTURE OF YOU ARE STILL ENTITLED TO FMLA. LEAVE TO CARE FOR FAMILY MEMBER. WITH MILITARY CAREGIVER LEAVE IT, 26 WEEKS OF FMLA IN A 12 MONTH PERIOD. 26 PERIOD IS ONLY AVAILABLE DURING A SINGLE 12 MONTH PERIOD. SO IF AT THE END OF THE 12 MONTH PERIOD, YOUR FAMILY MEMBER STILL (INAUDIBLE)

YOU THOUGH, YOU HAVE USED UP 26 YEARS, EVEN IF YOU DIDN'T USE UP 26 WEEKS IN THAT PERIOD. IF THE FMLA, YOU ARE NOT ENTITLED TO ANOTHER 26 WEEKS FOR THAT INJURY. YOU WOULD BE ENTITLED TO USE REGULAR, YOU KNOW, THE GENERAL SERIOUS HEALTH CONDITION. BUT YOU WOULDN'T BE ENTITLED TO THE 26 WEEKS AGAIN FOR THE SAME CONDITION. IT IS A COMBINED TOTAL OF 26 WEEKS. SO IF YOU USE SIX WEEKS TO STAY HOME WITH A NEWBORN, THEN YOU ONLY HAVE 20 WEEKS LEFT TO CARE FOR THE MILITARY. SO IT TAKES INTO ACCOUNT YOUR REGULAR FMLA AS WELL. IT IS 26 WEEKS, AND SINGLE 12 MONTH PERIOD, PER SERVICE MEMBER PER INJURY. AFTER THAT 12 MONTH PERIOD, IF YOUR CRAZY FAMILY MEMBER GOES BACK IN THE MILITARY AND GETS INJURED AGAIN, THEN YOU MIGHT BE (INAUDIBLE)

YOU WOULD BE ENTITLED TO ANOTHER 26 WEEKS BECAUSE IT IS PER INJURY. WHAT KIND OF TIME OFF CAN BE TAKEN WITH FMLA? YOU CAN TAKE A BLOCK OF TIME, INTERMITTENT TIME OFF OR WORK OR REDUCED SCHEDULE WHILE RECOVERING FROM A SERIOUS HEALTH CONDITION. INTERMITTENT LEAVE, THAT'S WHERE YOU ARE NOT (INAUDIBLE)

YOUR DOCTOR HAS SAID YOU ARE GOING TO NEED TO TAKE TIME OFF FOR THIS CONDITION THAT YOU HAVE MISSED WORK. SAY YOU HAVE MIGRAINE, BUT THEY ARE NOT GOING TO BE ABLE TO PREDICT EXACTLY WHEN YOU WILL MISS WORK. THAT'S INTERMITTENT TIME OFF. THAT'S TIME HERE AND THERE. INTERMITTENT LEAVE HAS TO BE MEDICALLY NECESSARY. IT HAS GOT (INAUDIBLE)

THERE HAS TO BE A MEDICAL NEED FOR THE LEAVE, AND IT HAS TO BE SUCH THAT MEDICAL NEED CAN BE BEST ACCOMMODATED THROUGH INTERMITTENT OR REDUCED LEAVE SCHEDULE. DRIVING SOMEBODY TO A BANK, I SWEAR SO GOD, THESE ARE THINGS, DRIVING THEM TO THE BANK, OR HAIRDRESSER, OR DRIVING BACK FROM FLORIDA, ARE NOT MEDICALLY NECESSARY. PURPOSE OR REASON YOU ARE DRIVING SOMEONE IS MEDICALLY NECESSARY. FACT YOUR FAMILY MEMBER CAN'T DRIVE THEMSELVES TO THE BANK OR CAN'T DRIVE THEMSELVES TO THE HAIRDRESSER DOESN'T QUALIFY FOR FMLA YOU HAVE IT TO BE TAKING THEM TO A MEDICAL APPOINTMENT, A MEDICAL PURPOSE. IS FMLA TIME PAID OR UNPAID. IT IS 12 WEEKS UNPAID BECAUSE THE FEDERAL GOVERNMENT HAS NOT YET REQUIRED THAT PRIVATE EMPLOYERS OR PUBLIC EMPLOYERS PAY THEIR EMPLOYEES FOR SICK TIME. THEY DON'T HAVE A MANDATORY SICK TIME YET. ALTHOUGH THEY ARE WORKING ON THAT, I THINK. BUT UNDER FMLA, IF YOU HAD ACCUMULATED BENEFIT TIME, YOU CAN USE THAT TIME TO GET PAID THROUGH YOUR FMLA TIME OFF. BUT IT RUNS CONCURRENTLY. SO IF YOU USE A SICK DAY, IT IS ALSO FMLA DAY, ONE LESS SICK DAY YOU HAVE, AND IT IS ONE LESS FMLA DAY YOU HAVE. IF IT QUALIFIES. THE NEW REGULATIONS CLARIFY DEFINITELY FMLA RUNS CONCURRENTLY. IT ALSO DECLARES NOW THAT THE ABILITY TO SUBSTITUTE ACCRUED PAID LEAVE IS DETERMINED BY THE IT TERMS AND CONDITIONS OF YOUR EMPLOYER'S NORMAL LEAVE POLICY. SO YOU DON'T GET TO SUBSTITUTE HOW YOU WANT. IT HAS TO BE IN COMPLIANCE WITH YOUR EMPLOYER'S RULES AND REGULATIONS AND UNION CONTRACT PROVISION ON USING YOUR BENEFIT TIME. IF YOU ARE NOT ELIGIBLE FOR BENEFIT TIME, IF YOU ARE OUT OF BENEFIT TIME IT, NOW UNAUTHORIZED ABSENCE AS LONG AS YOUR ABSENCE IS PROTECTED BY FMLA I LIKE TO CALL IT A FEDERALLY EXCUSED ABSENCE. SO IF YOU ARE OUT OF BENEFIT TIME, IT IS AN UNPAID FMLA DAY, A N IT IS BASICALLY AUTHORIZED, EXCUSED ABSENCE. HOW DOES MY EMPLOYER LEARN THAT I MIGHT NEED PROTECTION? I SORT OF COVERED THIS IN THE BEGINNING. YOU HAVE A NOTICE OBLIGATION. A LOT OF PEOPLE LIKE TO KEEP THEIR INFORMATION CLOSE AND PERSONAL AND NOT TELL ANYBODY ANYTHING BECAUSE THEY HAVE NO RIGHT TO KNOW! UNDER FMLA YOU HAVE AN OBLIGATION TO LET US KNOW WHAT IS GOING ON. YOU DON'T HAVE TO GIVE US THE DIRTY DETAILS. A LOT OF US WOULD PREFER THAT YOU DIDN'T! BUT YOU HAVE TO GIVE US SOME KIND OF NOTICE. THE BEST EXAMPLE THAT I CAN GIVE U.S. THERE WAS A WOMAN, A COURT CASE, AND THERE WAS A WOMAN WHO WORKED FOR PRIVATE COMPANY, AND SHE KEPT CALLING IN SICK. SHE DIDN'T TELL HER EMPLOYER ANYTHING OTHER THAN "I AM SICK." THEN SHE RAN OUT OF BENEFIT TIME. SO THEY HAD TO PROGRESSIVE DISCIPLINE POLICY FOR UNAUTHORIZED ABSENCE. THEY WERE DISCIPLINING HER FOR UNAUTHORIZED ABSENCE. SHE GOT HERSELF DISCIPLINED RIGHT OUT OF HER JOB. SHE SUED AFTER THEY FIRED HER, AND THE COURT CAME BACK AND SAID "LADY, ALL YOU EVER DID WAS TELL THEM YOU WERE SICK. YOU NEVER TOLD THEM YOU HAD BRAIN CANCER." SHE HAD BRAIN CANCER AND NEVER ONCE SAID ANYTHING TO THEM LIKE I AM GOING THROUGH CHEMOTHERAPY. I AM GETTING TREATMENT. I HAVE A SERIOUS (INAUDIBLE)

SHE NEVER SAID ANYTHING SUCH THEY WOULD ASK FURTHER QUESTIONS OR GIVEN HER A CERTIFICATION FORM. YOU HAVE TO GIVE US SOMETHING MORE THAN "I AM SICK." YOUR NOTICE DUTY IS GIVE US SOMETHING THAT TRIGGERS OUR DUTY TO ASK QUESTIONS. MERELY CALLING IN SICK A DAY HERE AND DAY THERE IS NOT GOING TO CUT IT BECAUSE PEOPLE TEND TO MISS WORK AND CALL IN SICK A DAY HERE AND DAY THERE. THERE IS NOTHING OUT OF THE ORDINARY ABOUT THAT. SO YOU DON'T HAVE TO CALL IN AND SAY, FMLA, WHEN YOU ARE ALREADY CERTIFIED. YOU CAN SAY, I MIGHT HAVE FMLA QUALIFYING CONDITION, AND A LIGHT BULB SHOULD GO OFF ON YOUR SUPERVISOR'S HEAD. IF IT DOESN'T, WE ARE TRYING TO GET TO EVERYBODY, AND WE ARE TRYING TO EDUCATE EVERYBODY, BUT THERE ARE SOME SUPERVISORS WHO ARE SO PARANOID ABOUT ASKING QUESTIONS, THAT THEY CAN'T SEEM TO GET PAST THAT. THEY CAN'T SEE TO UNDERSTAND THE OBLIGATION. IF YOU THINK THAT YOU MIGHT HAVE A CONDITION QUALIFIED FOR FMLA, YOU CAN ASK FOR A PACKET. YOU CAN GET IN TOUCH WITH YOUR PERSONNEL, OR FMLA COORDINATOR, AGENCY'S PERSONNEL PERSON. IF YOU DON'T SEE THE LIGHT BULB GOING OFF ABOVE THE SUPERVISOR'S HEAD, ASK FOR IT. DO US A FAVOR, JUST ASK. YOU DON'T HAVE TO SAY FMLA, BUT YOU DO KIND OF HAVE TO TELL US WHY THE TIME OFF IS NEEDED. NOW, LIKE I SAID, DON'T WORRY ABOUT GIVING US THE DIRTY DETAILS AND THE DIAGNOSIS. JUST SAY "I AM TOO SICK TO COME TO WORK. I AM GOING TO THE DOCTOR." OR "I HAVE AN UPCOMING SURGERY" YOU DON'T HAVE TO TELL US WHAT KIND OF SURGERY. OKAY, BUT JUST TELL US YOU ARE HAVING SURGERY OR "MY MOM IS IN THE HOSPITAL." WE DON'T NEED TO KNOW WHY YOUR MOM IS IN THE HOSPITAL. BUT YOU SHOULD JUST SAY TO US, HOSPITAL. SURGERY. I CAN'T COME TO WORK, I AM GOING TO THE DOCTOR. THOSE ARE THINGS AND STATEMENTS TO US THAT TRIGGER OUR DUTY TO KNOW. BY GIVING US THAT BLAND INFORMATION, YOU HAVE SATISFIED YOUR NOTICE OBLIGATION. BUT IF ALL YOU SAY IS "I AM SICK OR I AM TAKING SICK TIME IN THE FUTURE" YOU HAVEN'T PUT US ON NOTICE. SO THAT'S YOUR OBLIGATION. I GOT SICK AND CALLED IN FOUR SICK DAYS IN ROW. WHY DIDN'T MY BOSS ASK IF I WENT TO THE DOCTOR. REMEMBER, MORE THAN THREE FULL CONSECUTIVE CALENDAR DAYS, AND TREATMENT ONE OR MORE TIMES, CAN EQUAL A SERIOUS HEALTH CONDITION. THAT IS WHY YOUR ADVISOR MAYBE ASKING YOU "DID YOU GO TO THE DOCTOR?" THEY MIGHT CARE FOR YOU, BUT CHANCES ARE YOU ARE FOLLOWING MY ADVICE. ONCE WE HAVE REASON TO SUSPECT, FMLA, YOU SAY, YEAH, I WENT TO THE DOCTOR, CHANCES ARE, WE WILL SEND YOU FMLA PACKET. IS IT WHAT ARE YOUR NOTICE OBLIGATIONS? WHEN YOU CAN, THE REGULATIONS STILL REQUIRE YOU GIVE US 30 DAY'S NOTICE. IF YOU ARE GOING TO BE MISSING WORK FOR SOMETHING LIKE SURGERY, YOU KNOW, WHEN YOU CAN GIVE US 30 DAYS NOTICE, YOU ARE STILL REQUIRED TO GIVE US 30 DAYS NOTICE. IF YOU CAN'T GIVE US 30 DAYS NOTICE, IT IS AS SOON AS PRACTICAL WHICH MEANS AS SOON AS POSSIBLE, AND PRACTICAL, TAKING INTO ACCOUNT ALL OF THE INDIVIDUAL FACTS AND YOUR CIRCUMSTANCE. GENERALLY, THEY ARE NOT LOOKING AT IT AS WHEN YOU KNOW YOU ARE GOING TO MISS WORK, YOU GOT TO LET US KNOW. IF IT IS ON A SUNDAY THAT YOU FIGURE IT OUT, YOU GOT TO TELL US ON MONDAY. SO IT IS THE SAME DAY YOU KNOW OR THE NEXT BUSINESS DAY. IF YOU GIVE LESS THAN 30 DAYS NOTICE AND YOU COULD HAVE GIVEN US 30 DAYS NOTICE, WE HAVE A RIGHT UNTHE REGULATIONS TO SAY "WHY DIDN'T YOU GIVE US 30 DAYS NOTICE? YOU KNEW YOU WERE ADOPTING THIS KID. YOU KNEW YOUR WIFE WAS GIVING BIRTH OVER A MONTH AGO. WHY DIDN'T YOU GIVE US THE HEADS UP." YOU MAY GET ASKED WHY YOU DIDN'T GIVE US 30 DAYS NOTICE WHEN YOU COULD HAVE. WHEN YOU GIVE US (INAUDIBLE)

WHEN IT IS FORESEEABLE, LIKE IT IS UPCOMING ABSENCE, THAT YOU KNOW ABOUT, YOU HAVE TO GIVE US VERBAL NOTICE AT LEAST VERBAL NOTICE. YOU CAN PUT IT IN WRITING. I PREFER WRITING, BUT YOU CAN GIVE VERBAL NOTICE TO MAKE US AWARE YOU NEED TIME OFF. YOU DON'T HAVE TO SAY FMLA QUALIFYING. BUT GIVE US THE HOSPITAL, THE SURGERY, SOME WORD THAT TRIGGERS OUR DUTY. ANY ANTICIPATED TIMING AND DURATION, LIKE I AM GOING TO HAVE SURGERY JUNE 5. I WILL BE OUT FOR EIGHT WEEKS. BOOM. YOU HAVE JUST SATISFIED YOUR NOTICE OBL GATION. IF I AM ALREADY APPROVED FOR INTERMITTENT FMLA, CAN'T I JUST SAY FMLA CALL IN AND SAY FMLA AND HANG UP? SO IF YOU ARE ALREADY APPROVED FOR INTERMITTENT TIME OFF, AND YOU ARE CALLING IN TO REPORT ABSENCE TO YOUR SUPERVISOR. SAME DAY CALL IN, YOU DIDN'T KNOW YOU WERE GOING TO HAVE A SEIZURE OR DIABETES WAS GOING TO ACT UP, YOU CAN CALL AND TELL YOUR SUPERVISOR YOU ARE TAKING FMLA DAY. BUT DON'T HANG UP BECAUSE WE HAVE AN OBLIGATION TO ENSURE THAT IT IS, IN FACT, AND FMLA QUALIFYING DAY. YOU MAY GET ASKED. YOUR SUPERVISOR IS GOING TO BE TOLD, YOUR DIAGNOSIS UNLESS THERE IS SOME NEED TO KNOW FOR SAFETY REASONS, BUT YOUR ADVISOR IS GOING TO KNOW THAT YOU ARE GOING TO MISS WORK BECAUSE IN EXAS IT TY FOR YOURSELF AND YOUR FAMILY MEMBER. OR YOU ARE GOING TO MISS WORK BECAUSE OF APPOINTMENT. YOUR SUPERVISOR WILL GET TOLD THAT INFORMATION BECAUSE THAT DIRECTLY IMPACTS THEIR OPERATIONAL NEED. THEY HAVE A RIGHT TO KNOW WHY YOU ARE MISSING WORK AND WHEN YOU ARE MISSING WORK. WHEN YOU CALL IN AND SAY I AM TAKING FMLA DAY, YOUR SUPERVISOR MIGHT ASK, ARE YOU HAVING A FLARE-UP OF YOUR CONDITION? YES. WHEN DO YOU THINK YOU WILL BE ABLE TO RETURN TO WORK? DO YOU THINK YOU WILL BE ABLE TO RETURN TO WORK TODAY? DO YOU THINK YOU WILL BE ABLE TO RETURN TO WORK TOMORROW? I DON'T KNOW. ARE YOU GOING TO GO TO THE DOCTOR? THOSE ARE THE KINDS OF QUESTIONS THAT THEY HAVE THE RIGHT TO ASK TO FIGURE OUT WHEN YOU ARE COMING BACK TO WORK. ALL THE WORK IS PILING UP. WALKED IN TODAY, AND THERE WAS A GIANT STACK OF MAIL ON MY DESK. WHERE IS THE SENSE IN ALL THIS! SOMEBODY HAS TO TAKE CARE OF MORE WORK WHEN YOU ARE NOT THERE. SO THEY MAY ASK YOU QUESTIONS. ALSO, YOU HAVE AN OBLIGATION THEN WHEN YOU CALL IN TO SAY FMLA, YOU HAVE AN OBLIGATION TO ANSWER THEIR QUESTIONS WHICH ARE REASONABLY TARGETED AT FIGURING OU WHETHER IT IS TRULY AN FMLA RELATED ABSENCE, AND THE FREQUENCY (INAUDIBLE)

I AM SORRY THE DURATION OF YOUR ABSENCE. FAILURE TO RESPOND COULD RESULT IN DENIAL OF FMLA PROTECTION. IF YOU CALL UP AND SAY I AM TAKING FMLA DAY, AND GOD KNOWS IT IS THE FIRST 75-DEGREE DAY IN MONTHS OF YOUR EMPLOYER MIGHT ASK WHAT IS GOING ON, AND YOU CAN'T JUST SAY, JUMP OFF THE BRIDGE. I DON'T HAVE TO TELL YOU ANYTHING. OKAY. THEY HAVE THE RIGHT TO ASK YOU QUESTIONS. THAT'S OKAY. BECAUSE WE HAVE AN OBLIGATION TO DETERMINE WHETHER OR NOT THE FMLA IS BEING APPLIED CURRENTLY. I WILL TELL YOU ABOUT MOST RECENT STORY OF ABUSE. I CALL IT BUBBA AND MOM A. BUBBA IS A STATE EMPLOYEE CERTIFIED TO TAKE CARE OF MOM. HE WAS CERTIFIED TO TAKE MOM TO APPOINTMENTS. BUBBA CALLED IN ALL LIKE, FIVE TIMES A MONTH. HE WAS CALLING IN TO TAKE MOMMA TO APPOINTMENTS. OKAY. AND BUBBA WORKED THE EVENING SHIFT. SO AT SOME POINT, BUBBA CALLED IN, AND THEN BUBBA CALLED FMLA, AND CALLED FMLA THE NEXT DAY, TOO. THE PROBLEM (INAUDIBLE)

HE IS LIKE, I AM TAKING CARE OF MOM. THE PROBLEM DAY TWO, MOMMA CALLED IN: SHE HBT SEEN BUBBA IN TWO DAYS, AND SHE WAS A LITTLE WORRIED ABOUT BUBBA. HE WAS ABUSING FMLA. IN THAT INSTANCE, WHAT WE DID, WE SENT HIM FOR RECERTIFICATION BECAUSE HIS MOM A CALLING IN SAYING SHE HADN'T SEEN HIM IN TWO DAYS WHEN HE IS TELLING US HE WAS TAKING HER TO THE LAST TWO DAYS WHICH CAUSED US TO DOUBT HIS ABSENCE. WE SENT FOR RECERTIFICATION. WE ASKED THE DOCTOR TO GIVE US A LIST OF ALL OF MOMMA'S APPOINTMENTS IN THE LAST SIX MONTHS. DON'T YOU KNOW, NONE OF THOSE APPOINTMENTS LINED UP WITH BUBBA'S ABSENCE. YOUR EMPLOYER WILL ASK YOU QUESTIONS OR THEY MAY SEND YOU FOR RECERTIFICATION IF WE ARE CONCERNED THAT IT IS A 75-DEGREE DAY, AND 75% OF ALL STATE WORKERS HAVE CALLED IN. DO I NEED TO COMPLY WITH MY AGENCY'S CALL IN PROCEDURES IF I AM TAKING FMLA LEAVE? EMPLOYEES HAVE TO COMPLY WITH USUAL AND CUSTOMARY NOTICE AND PROCEDURAL REQUIREMENTS FOR REQUESTING LEAVE ABSENT UNUSUAL CIRCUMSTANCES. IF YOUR EMPLOYER REQUIRES YOU TO CALL IN WITHIN HOUR OF YOUR ABSENCE, YOU HAVE TO STILL FLY H COMPLY WITH THAT, AN IF IT IS F HAD MLA ABSENCE UNLESS THERE IS A REASON, LIKE ARE YOU IN A COMA OR EMERGENCY ROOM AND DON'T LET YOU HAVE A CELL PHONE,. YOU STILL NEED TO COMPLY. FMLA CAN BE DENIED, AND YOU MIGHT GET UAED FOR THE TIME YOU CALLED IN. YOU MIGHT GET UA 'ED. YOU MIGHT GET UAED FOR THAT THREE HOUR PERIOD IF THERE IS NO EXTENUATING CIRCUMSTANCES. YOU NEED (INAUDIBLE)

IF YOU KNOW THAT YOUR MOM IS GOING TO BE GOING TO PHYSICAL THERAPY ONCE A WEEK FOR THE NEXT TEN WEEKS, YOU HAVE AN OBLIGATION TO TALK TO YOUR EMPLOYER ABOUT TRYING TO GET YOUR MOM'S APPOINTMENTS SCHEDULED SO THEY DON'T SEVERELY HURT OPERATIONAL NEEDS. IF THE BUSINESS TIME OF THE DAY WHERE YOU WORK IS TO NOON, YOUR EMPLOYER HAS THE RIGHT TO ASK YOU TO TRY TO SCHEDULE THOSE APPOINTMENTS IN THE AFTERNOON. FMLA GIVES US THAT RIGHT TO REQUEST IT. WE CAN ASK IF YOU TRY TO MAKE SUCH ARRANGEMENTS. DO I HAVE TO GIVE ADVANCE NOTICE OF INTERMITTENT TIME OFF? IF YOU KNOW THAT MOMMA HAS AN APPOINTMENT TWO DAYS FROM NOW, AND YOU JUST FOUND OUT ABOUT IT, YOU NEED TO GIVE NOTICE WHEN YOU FIND OUT ABOUT IT. WHEN (INAUDIBLE)

IF YOU SAY I AM GOING TO BE TAKING FMLA TIME ON FRIDAY. WE HAVE THE RIGHT TO ASK WHY. YOU CAN SAY MY MOM HAS A DOCTOR'S APPOINTMENT OR I HAVE A DOCTOR'S A POIM. YOU HAVE AFFIRMATIVE DUTY. IT HAS TO BE MEDICALLY NECESSARY. IF I AM CALLING IN FOR A SAME DAY F MLA ABSENCE, WHAT CAN MY SUPERVISOR ASK ME? I WILL ASK WHOEVER IS TYPING WHILE I AM ON THE PHONE, IF YOU COULD HIT MUTE, POUND SIX. I AM HEARING RAPPA, RAPPA. IF I AM CALLING IN FOR SAME DAY ABSENCE, WHAT CAN MY SUPERVISOR ASK ME IN IF ABSENCE IS DUE TO MEDICAL LEAVE OR FLARE-UP. THEY MAY ASK IS IT APPOINTMENT OR FLARE-UP. IF IT IS APPOINTMENT, WHEN WAS THE APPOINTMENT MADE, AND IF IT WAS MADE TWO WEEKS AGO, AND YOU WILL GET REMINDED YOU HAVE AN OBLIGATION TO TELL THEM. WHAT TIME IS THE A APPOINTMENT, HOW LONG WILL IT TAKE, AND WILL YOU BE COMING BACK TO WORK, IF NOT, WHY NOT. A LOT OF PEOPLE THINK IF THEY ARE FMLA, THEY CAN TAKE THE WHOLE DAY. WHAT THEY DON'T UNDERSTAND, FMLA ONLY COVERS YOU THE TIME TRULY NEEDED FOR FMLA TIME OFF. IF YOUR MEDICAL APPOINTMENT IS ONLY TWO HOUR APPOINTMENT, AND YOU ARE DONE BY NOON, THERE IS NO FMLA REASON WHY YOU HAVEN'T REPORTED BACK TO WORK AT NOON. YOU ARE EXPECTED TO RETURN BACK IT TO WORK OF YOU DON'T GET THE FULL FREE DAY. OUR NOTICE REQUIREMENTS WE HAVE A GENERAL NOTICE REQUIREMENT SUPPOSED TO BE POSTER IN EVERY WORK PLACE. WE HAVE TO GIVE YOU ELIGIBILITY NOTICE, NOTICE OF RIGHTS AND RESPONSIBILITIES THAT WILL COME WITH THE ELIGIBILITY NOTICE AND DESIGNATION NOTICE. ONCE YOU HAVE REQUESTED FMLA OR WE LEARN THE TIME OFF ARE YOU TAKING MAYBE FOR FMLA REASON, WE HAVE TO TELL YOU WHETHER IN FIVE BUSINESS DAYS, ABSENT EXTENUATING CIRCUMSTANCES WHETHER OR NOT YOU HAVE MET 12 MONTHS. AT THE SAME TIME, WE ARE GOING TO GIVE AWE NOTICE OF RIGHTS AND RESPONSIBILITIES. WE DETERMINE ELIGIBILITY AS OF THE FIRST INSTANCE OF LEAVE FOR EACH QUALIFYING CONDITION IN APPLICABLE 12 MONTH PERIOD. AGAIN, WE ARE LOOKING AT IF THE FIRST DAY OF MY ABSENCE WAS ON (INAUDIBLE)

MAY 17, LET'S SAY, IF MY FIRST DAY OF ABSENCE WAS MAY 17, THEN THAT'S THE DAY THEY WILL LOOK BACK 12 MONTHS FROM. WE DON'T PRECERTIFY. A LOT OF PEOPLE HAVE CHRONIC CONDITIONS THAT COME BACK (INAUDIBLE)

YEAR AFTER YEAR AFTER YEAR. WHAT THEY WANT IS THEY WANT TO MAKE SURE THEY HAVE THEIR PAPERWORK IN LINE EVERY YEAR. THE PROBLEM IS WE DON'T PRECERTIFY UNLESS YOU KNOW ABSOLUTELY DEAD KNOW THAT THERE IS AN ABSENCE IN THE FUTURE. WE CAN'T TELL YOU YOU ARE ELIGIBLE OR NOT FOR NMLA UNTIL YOU HAVE ABSENCE RELATED TO THAT CONDITION OR YOU HAVE IDENTIFIED ONE IN THE FUTURE. WE DON'T PRECERTIFY BECAUSE WE CAN'T DETERMINE YOUR ELIGIBILITY UNTIL WE KNOW OF THE DATE OF AN ABSENCE TO WORK 12 MONTHS BACK FROM. ALL RIGHT, ONCE WE KNOW YOUR FMLA DOES QUALIFY FOR FMLA OR YOUR ABSENCE QUALIFIES FOR FMLA PROTECTION, IT IS BEFORE YOU ARE APPROVED. WE HAVE TO DEAD TELL YOU YOUR ABSENCE IS QUALIFIED AS FMLA. WHEN YOU ARE APPROVED FOR INTERMITTENT TIME OFF, WE ONLY HAVE TO GIVE YOU THE NOTICE ONCE. ONCE WE KNOW THAT FMLA DOES APPLY, WE HAVE GOTTEN YOUR MEDICAL CERTIFICATION FORM BACK, WE SEND YOU THE DESIGNATION NOTICE. IT HAS TO BE IN WRITING. HOW CAN I FIGURE OUT (INAUDIBLE)

IF YOU (INAUDIBLE)

IF I AM USING INTERMITTENT TIME OFF, HOW CAN I FIGURE OUT HOW MUCH F M LA TIME I HAVE USED? UNDER THE REGULATIONS YOU HAVE THE RIGHT IT TO REQUEST FROM YOUR SUPERVISOR, THE TIME ACCOUNT COUNTED AGAINST YOUR ALLOTMENT, AS LONG AS YOU HAVE HAD ABSENCE IN THAT 30 DAY PERIOD. WHO HAS US ON HOLD! AM I REQUIRED, OOPS. I WANT TO GO BACK. AM I REQUIRED TO PROVIDE MEDICAL DOCUMENTATION OF MY NEED FOR FMLA PROTECTION? YES, WE REQUIRE MEDICAL PROOF. PRIOR TO BEING APPROVED FOR FMLA, WE MAY REQUIRE YOU TO HAVE THE DOCTOR FILL OUT THE STERT FICATION FORM. IF WE CAN FIGURE OUT IF IT IS FMLA, SOMETIMES THE INFORMATION ON IT, DOESN'T ANSWER ALL THE QUESTIONS WE NEED. WE MAY REQUIRE YOU TO GET THE FMLA FORM. YOU ARE GOING TO HAVE AT LEAST 15 DAYS TO RETURN THE FORM TO US. CAN I USE HIPPA (INAUDIBLE)

HIPAA, AS BASIS FOR REDUCING TO SUBMIT THE MEDICAL CERTIFICATION FOR FMLA, NO. HIPAA, SHNIPAA, YOU HAVE TO GIVE US THE FORM IN ORDER TO QUALIFY FOR FMLA. IF YOU REFUSE BECAUSE OF HIPAA, YOU WILL NOT GET PROTECTION (VOICE TALKING ON PHONE) WHOEVER TAMMY WAS BRINGING UP, COULD YOU MUTE YOUR PHONE. POUND SIX PLEASE. YOU CAN'T USE HIPAA AS BASIS FOR NOT GIVING US THE FORM. NEXT. I MISS WORK AT DIFFERENT TYPES FOR FIVE DIFFERENT CONDITIONS. CAN I JUST HAVE MY DOCTOR LIST ALL OF MY AILMENTS ON ONE FORM? THE ANSWER IS NO. BECAUSE WE HAVE TO DETERMINE YOUR ELIGIBILITY FOR EVERY CONDITION. SO UNTIL YOU HAVE AN ABSENCE RELATED TO YOUR HEART, WE ARE THOT GOING TO CERTIFY YOUR HEART FOR FMLA. IF YOU JUST MISSED WORK BECAUSE OF YOUR KNEE, AND YOU TURN IN A FORM THAT HAS GOT MY BLOOD PRESSURE, MY KNEE, MY HEART, MY BACK, MY HEAD, WE ARE ONLY GOING (INAUDIBLE)

WE ARE GOING TO ASK YOU WHAT ABSENCE IS THIS FORM RELATE TO? OKAY, IT WAS RELATED TO ABSENCE ON MAY 25. OKAY. SO THEN IF YOU MISS WORK ON MAY 25 WHICH I THINK WAS A MONDAY, WHO WILL DAY, LET'S SAY YOU MISSED WORK MAY 26. IF YOU MISS WORK, WHY DID YOU MISS WORK THIS WHAT CONDITION CAUSED YOU TO MISS THIS WORK. OH, MY KNEE. THAT'S THE CONDITION WE WILL CERTIFY YOU FOR. WE ARE NOT GOING TO CERTIFY YOU FOR THE HEART AND FOR THE HEAL AND EVERY OTHER PROBLEM YOU GOT UNTIL YOU HAVE AN ABSENCE FOR THOSE CONDITIONS. LET'S SAY YOU HAVE AN ABSENCE ON MAY 26, FOR YOUR HEART CONDITION. WE CERTIFY THAT IS CONDITION EFFECTIVE MAY 26. ARE YOU ELIGIBLE. THEN IN OCTOBER, FMLA RUNS MAY 26 TO NEXT YEAR MAY 26. (INAUDIBLE)

OR MAY 25. IN THAT TWELVE MONTH PERIOD, ALL OF A SUDDEN YOUR KNEE GIVES OUT. WE WILL REQUIRE A CERTIFICATION FORM FOR YOUR KNEE. THEN IF THE FIRST DAY YOU MISS WORK FOR YOUR KNEE, IS OCTOBER FIRST, WE, AGAIN, HAVE TO DETERMINE WHETHER YOU WORK 1250 HOURS IN THE PAST 12 MONTHS TO CERTIFY THAT CONDITION. YOU HAVE TO MEET THE ELIGIBILITY REQUIREMENTS FOR EACH DIFFERENT CONDITION THAT COMES UP IN THE 12 MONTH PERIOD. IF WE GET YOUR FORM, AND THERE IS ALL KINDS OF PROBLEM ON IT, IT IS INCOMPLETE, OR WE CAN'T READ THE HANDWRITING, WE HAVE RIGHT TO GET BACK TO YOU, AND TELL YOU TO TAKE IT BACK TO YOUR DOCTOR AND CURE THE DEFICIENCIES. IF THE DEFICIENCIES AREN'T CURED, WE MAY DENY FMLA. IF YOU DON'T RETURN THE FORM, IT WILL NOT BE PROTECTED BY FMLA. THE BURDEN IS ON THE PLOIT E IF THE DOCTOR'S OFFICE WON'T FAX US THE FORM WITHOUT ROW LEASE FROM YOU OR FROM YOUR FAMILY MEMBER. BURDEN SON YOU TO GET THE DOCTOR WHATEVER RELEASE HE NEEDS TO GET US THE DOCUMENTATION WE REQUIRE TO CERTIFY YOUR CONDITION. I HAVE A LIFE LONG CONDITION, WHY DO I HAVE TO TURN IN A CERTIFICATION EVERY YEAR? WE REQUIRE THIS BECAUSE MAYBE FROM YEAR TO YEAR, YOUR CONDITION AND TIME OFF YOU NEED HAS CHANGED. NOW THE REGULATION, BACK UP OUR PRACTICE. SO YOU MAY GET ASKED WITH THE FIRST ABSENCE IN THE NEW FMLA YEAR RELATED TO THAT CONDITION, YOU MAY BE GIVEN A NEW CERTIFICATION FORM. SO IF YOU KNOW THAT YOUR FMLA YEAR IS OVER, AND YOU KNOW IT IS THE FIRST ABSENCE IN A NEW FMLA YEAR. YOU MAY WANT TO TELL YOUR SUPERVISOR, HEY, I HAD THIS CONDITION AGAIN, I NEED A NEW FORM OR CALL THE FMLA COORDINATOR AND LET HER KNOW THAT YOUR ABSENCE ON SUCH AND SUCH DATE WAS RELATED TO THE PREVIOUS CONDITION THAT YOU HAD AND YOU WANT TO GET IT CERTIFIED AGAIN. AGAIN, YOU HAVE TO MEET THE 1250 HOUR ELIGIBILITY REQUIREMENT. S WAS IT OKAY THE COORDINATOR CALLED MY DOCTOR'S OFFICE TO VERIFY THE FORM IS AUTHENTIC? THE NEW REGULATIONS GIVE YOUR COORDINATOR, THE RIGHT TO PROVIDE THE HEALTH CARE PROVIDER WITH A COPY OF THE FORM THAT YOU PROVIDED TO US TO VERIFY THAT IT IS AUTHENTIC. HERE IS WHY. WE GET LOTS OF FORMS WITH ALL KINDS OF HANDWRITING, ALL KINDS OF HANDWRITING, WE DON'T KNOW IF IT IS YOUR HAND WRITING OR SOMEBODY ELSE'S HANDWRITING. A FEDERAL COURT CASE DETERMINED A EMPLOYER WAS PERMITTED IN DENYING FMLA PROTECTION TO THE EMPLOYEE WHO ADDED INFORMATION AFTER THE DOCTOR. SO YOU CAN'T ADD INFORMATION. IF THE DOCTOR DID GIVE THE ANSWER YOU WANTED THE DOCTOR TO GIVE, THE EMPLOYEE HAS NO RIGHT TO CHOOSE THAT INFORMATION. IT IS WHAT IT IS. IS MANY WITH QUALIFYING EXIGENCY OR ACTIVE DUTY LEAVE. WE HAVE THE RIGHT (INAUDIBLE)

(INAUDIBLE)

HOPEFULLY WE WILL NEVER HAVE TO USE THAT. IF YOU FAIL TO PROVIDE CERTIFICATION, THESE ARE THE RESULTS. IF THE LEAVE WAS FORESEEABLE, WE CAN DENY FMLA COVERAGE UNTIL WE ACTUALLY GET THE FORM. IF IT IS UNFORESEEABLE, ABSENT EXTENUATING CIRCUMSTANCES DENY UNTIL SUFFICIENT CERTIFICATION IS PROVIDED. WITH RECERTIFICATION RVEG DENY CONTINUATION OF FMLA COVERAGE UNTIL SUFFICIENT RECERTIFICATION IS PRODUCED. HOLIDAYS AND FMLA TIME. IF HOLIDAY FALLS DURING A WEEK OR ONLY A PARTIAL WEEK OF FMLA IS USED, HOLIDAY CAN'T BE COUNTED AGAINST AT LOTMENT. IF YOUR CERTIFIED FOR FMLA AND MISS ENTIRE WEEK WHEN THE MONDAY IS THE HOLIDAY. MONDAY WILL COUNT AS HOLIDAY AS IS THE REST OF THE WEEK. IF MISSING FOR FMLA REASON. I THINK I PREVIOUSLY COVERED THIS. IT IS NOT UP TO THE EMPLOYEE TO DETERMINE WHETHER THE TIME OFF GETS COUNTED AGAINST YOUR FMLA ALLOTMENT. AS LONG AS WE KNOW WHY YOU ARE ABSENT, AND WE GIVE YOU NOTICE WE ARE COUNTING IT AGAINST YOUR ALLOTMENT. WE CAN COUNT IT. THIS IS BEFORE YOUR FMLA IS CERTIFIED. NOT UP TO THE EMPLOYEE. NON-OCCUPATIONAL AND SERVICE CONNECTED DISABILITY LEAVE COUNT AGAINST FMLA AS DOES TIME OFF WORKERS COMP. THOSE ARE ALL CURRENTLY COVERED BY FMLA AND IT RUNS CONCURRENTLY. RECERTIFICATION IS WHEN WE SEND YOU BACK TO YOUR DOCTOR, WITHIN THE 12 MONTH FMLA PERIOD SO YOUR DOCTOR CAN VERIFY FOR US THAT YOU STILL NEED FMLA PROTECTION WITHIN THAT 12 MONTH PERIOD. YOU CAN'T DO IT ANY MORE OFTEN THAN EVERY 30 DAYS IN CONJUNCTION WITH AN ABSENCE IN THAT 30 DAY PERIOD UNLESS A FORM LIST IS A SPECIFIC DURATION, 40 DAYS F THE FORM SAYS YOU NEED FMLA FOR 40 DAYS, GENERALLY O WE CAN SEND YOU BACK SOONER THAN 30 DAYS UNLESS THERE IS SIGNIFICANT CHANGE IN THE CIRCUMSTANCES, WE HAVE REASON TO DOUBT THE STATED REASON FOR YOUR ABSENCE, YOU ARE REQUEST AN EXTENSION. UNEXPLAINED PATTERNS OF ABSENCE ARE A SIGN OF ABUSE. WHAT WE SEE MOST OFTEN, PEOPLE WHO ONLY EVER USE THEIR FMLA ON FRIDAY'S, MONDAY'S, THE DAY BEFORE A HOLIDAY, THE DAY AFTER A HOLIDAY, THE DAY THEY ARE SUPPOSED TO COME BACK FROM VACATION, THE DAY THEY ARE SUPPOSED TO LEAVE FOR VACATION. THOSE ARE PATTERNS OF A ABUSE. THAT TO US SUGGESTS ABUSE. I HIGHLY DOUBT THAT THE ONLY TIME SOMEONE'S MIGRAINES HEADACHES FLARE-UP IS ON FRIDAY'S OR MONDAY'S. WE SEND YOU BACK FOR RECERTIFICATION WHEN WE SEE A PATTERN. ONE GUY AT DOC, I SWEAR TO GOD OVER A TWO YEAR PERIOD, THE ONLY TIME HE EVER TOOK FMLA IN CONJUNCTION WITH HIS DAYS OFF. HE WAS GETTING HIMSELF SIX DAY WEEKENDS. IT TURNED OUT HE WAS WORKING A SECOND JOB. SO HE WAS USING HIS FMLA SO HE CAN WORK A SECOND JOB WHICH IS NOT ACCEPTABLE. THAT'S IT. I AM GOING TO TAKE QUESTIONS FROM CHICAGO FIRST. AND THEN WE WILL MOVE ON FROM THERE

>> MILITARY CAREGIVER, IF YOU HAVE (INAUDIBLE)

(INAUDIBLE)

THEY GET 26 WEEKS

>>SHARED 26 WEEKS

>>SHARED 26 WEEKS. THE QUESTION WAS IN MILITARY CAREGIVER SITUATION WHERE BOTH EMPLOYEES WORKED FOR THE STATE, DO THEY SHARE THE 26 WEEKS, AND THE ANSWER IS YES. PHONE: THIS IS ERIC, CAN YOU BOUNCE THE RECERTIFICATION INFORMATION DOWN. I WAS JOTTING DOWN NOTES.

>> YOU WANT IT BACK UP? PHONE: RECERTIFICATION INFORMATION THAT YOU GAVE US. PHONE: I COULD GET ON LINE ANYWAY. I WAS PRETTY MUCH TRYING TO TAKE NOTES AS YOU WERE GOING ALONG.

>>YOU COULDN'T. IF YOU WANT TO SEND YOUR QUESTION BY E-MAIL. C COURTNEY DOT OCONNELL AT ILLINOIS.GOV, AND IF YOU ARE ALL GOING TO SEND ME E-MAIL, IF YOU COULD KINDLY HOLD OFF FOR A FEW DAYS BECAUSE I HAVEN'T BEEN TO WORK SINCE LAST TUESDAY, AND I HAVE A LOT OF STUFF I HAVE TO CATCH UP ON. SEND ME YOUR QUESTIONS STARTING MONDAY. I WOULD APPRECIATE IT. QUESTION IN THE BACK OF THE ROOM IN CHICAGO. IN THE BACK ROOM. (INAUDIBLE) THE QUESTIONS ARE YOU INELIGIBLE IF YOU HAVEN'T WORKED 1250 HOURS IN THE PAST 12 MONTHS? THE ANSWER IS YES. ALL RIGHT. CHICAGO, ARE WE DONE? ANY OTHER QUESTIONS? OKAY. SPRINGFIELD, DO YOU HAVE ANY QUESTIONS ?

>> MIKE: I GOT SOMEBODY WHO WANTS TO KNOW CAN YOU PLEASE EXPLAIN THE SITUATION WITH CHILDBIRTH, RELATED TO FMLA REGARDING INTERMITTENT LEAVE WITHIN THE FIRST YEAR OF CHILDBIRTH. CAN THEY TAKE FMLA LEAVE INTERMITTENTLY FOR CHILD CARE AFTER PATERNITY LEAVE ?

>> NO. WE (INAUDIBLE)

UNDER FMLA, EMPLOYER HAS THE RIGHT TO SAY WHETHER THEY WILL ALLOW INTERMITTENT TIME OFF FOR BONDING. WE DO NOT. WE GENERALLY HOLD THAT ONCE YOU RETURN FROM PATERNITY LEAVE, YOU ARE RIGHT TO TAKE FMLA TIME OFF TO BOND ENDS. SO THAT'S THE WAY MOST AGENCIES HANDLE T DEPENDS ON YOUR AGENCY. I CAN ONLY SPEAK FOR THE AGENCIES I AM FAMILIAR WITH, THAT ARE UNDER THE GUISE UNDER CMS.

>> MIKE: ANOTHER PERSON WROTE IN, 12 YEAR OLD DAUGHTER VISITING THE AUDIOLOGIST AND DOCTOR FOR A HEARING LOSS QUALIFY UNDER FMLA ?

>> IT WOULD DEPEND ON WHAT THE CERTIFICATION FORM SAYS. CHANCES ARE IF IT IS A SERIOUS HEALTH CONDITION, I SUSPECT, THAT IT MIGHT. IT HAS TO MEET THE QUALIFICATIONS (INAUDIBLE)

IT HAS TO FALL UNDER ONE OF THOSE CATEGORIES. THAT'S WHAT THE DOCTOR WILL TELL US WHICH CATEGORY, BUY THE INFORMATION THAT THE DOCTOR FILLS OUT ON THE CERTIFICATION FORM. THE DOCTOR WILL BASICALLY BE ANSWERING THOSE QUESTIONS FOR US. IT IS KIND OF HARD FOR ME TO GIVE YOU THE STRAIGHT UP ANSWER WITHOUT KNOWING WHAT THE DOCTOR WOULD SAY. NEXT QUESTION.

>>MIKE: ONE FINAL QUESTION SOMEONE WROTE IN, IS THERE ANY FMLA THAT IS PAID LEAVE ?

>> IT IS ONLY PAID LEAVE IF YOU HAVE PAID LEAVE TO USE. THE FEDERAL GOVERNMENT DOESN'T REQUIRE US TO PAY YOU FOR FMLA, BUT IF YOU HAVE PAID SICK TIME THAT YOU CAN SUBSTITUTE FOR UNPAID TIME, YOU CAN USE YOUR SICK TIME. IF YOU COMPLY WITH THE REQUIREMENTS FOR REQUESTING OTHER TYPES OF BENEFIT TIME, THEN CAN YOU USE OTHER BENEFIT TIME T DEPENDS WHAT YOUR AGENCY'S POLICIES AND PRACTICES ARE. BUT, NO, THERE IS NO PAID FMLA LEAVE UNLESS YOU HAVE PAID LEAVE TO USE. ANY OTHER QUESTIONS IN SPRINGFIELD? I HAVE A COUPLE IN CHICAGO ?

>> MIKE: NO.

>> IT IS NOT REALLY YOUR CHOICE (QUESTION WAS INAUDIBLE) STHFLT (INAUDIBLE) FMLA FORM, AND SICK TIME TO COVER IT, CARE AFTERWARDS, SICK TIME USED WOULD COUNT, WHAT IS THE DIFFERENCE IN USING FMLA (INAUDIBLE).

>>THERE IS TWO PROBLEMS THERE. ONE, SUPERVISOR DROPPED THE BALL THAT THAT HAPPENED. BECAUSE IF THE SUPERVISOR KNOWS YOU ARE USING SICK TIME FOR A REASON THAT QUALIFIES FOR FMLA, THE SUPERVISOR IS IS REQUIRED TO PASS THAT INFORMATION ALONG, BECAUSE WE ARE REQUIRED WITH THE OBLIGATIONS OF FMLA WHETHER OR NOT (INAUDIBLE)

EXAMPLE, PERSON USED SICK TIME FOR A REASON, THAT QUALIFIES FOR FMLA WE HAVE THE RIGHT AS EMPLOYER. REMEMBER IT, A MINIMUM. MINIMUM PROTECTION THAT WE ARE REQUIRED TO GIVE YOU IF WE KNOW WHY THEY ARE MISSING WORK. THE FACT THAT YOU ARE IEWRSING SICK TIME IS IRRELEVANT. WHAT IS IMPORTANT IS WHY ARE YOU MISSING WORK? SO WHETHER OR NOT, I HAVE 80 SICK DAYS. DOESN'T MATTER. I GOT A CALL TODAY, FMLA FORM BECAUSE I KNOW (INAUDIBLE)

I MEAN, THE FMLA FOR THE STATE OF ILLINOIS, CANNOT SAY, DO AS I SAY, NOT AS I DO. I KNOW I WAS MISSING WORK THAT QUALIFIES FOR FMLA I WILL TELL MY COORDINATOR, SEND ME A PACKET BECAUSE THIS IS WHY I MISSED WORK. IT SHOULD BE PROTECTED. I AM ENTITLED TO PROTECTION. PROTECTION IS YOU HAVE THE RIGHT TO REINSTATEMENT. YOU HAVE THE RIGHT (INAUDIBLE)

IF YOU EXERCISED YOU ARE RIGHT TO FMLA, CANNOT RETALIATE AGAINST YOU. THERE IS MORE PROTECTION THAN YOU GET UNJUST SICK TIME. YOU HAVE FEDERAL RIESSMENTS YOU HAVE TO CONTINUE YOUR INSURANCE. YOU KNOW, THERE IS A LOT OF DIFFERENT THINGS THAT COME INTO PLAY THAT PEOPLE DON'T GET, LIKE WITH OUR STATE INSURANCE, IF YOU HAVE MISSED A LOT OF WORK, AND YOU HAVE HAD 30 DOCKED DAYS IN A FISCAL YEAR. ONCE YOU HIT THE 31ST DOCK DAY, YOU ARE 100% RESPONSIBLE FOR YOUR INSURANCE PREMIUM. YOU PAY YOUR PORTION AND THE STATE'S PORTION UNLESS YOU ARE PROTECTED BY FMLA. SO IT IT IS IMPORTANT (INAUDIBLE)

IT IS THERE FOR A REASON. IT PROTECTS YOU, AND IT DOESN'T MATTER WHETHER WHEN YOU HAVE NO SICK DAYS OR 365. IT IS A MINIMUM GUARANTEE AND PROTECTION WE HAVE TO GIVE.

>> SPRINGFIELD AND EVERYBODY ELSE, CAN YOU GET THE QUESTION FROM THE BACK OF THE ROOM WHAT I WAS ANSWERING. QUESTION WAS, I APOLOGIZE, WHY DO THEY HAVE TONS OF SICK TIME, WHY DO THEY HAVE TO CARE ABOUT FMLA, THE ANSWER WAS BECAUSE WE HAVE TO CARE ABOUT FMLA, NOT YOU. GO AHEAD. (INAUDIBLE) ST. RIGHT YOU DON'T GET TO SAVE IT. (INAUDIBLE) I HAVE BEEN SICK 20 DAYS, CAN'T DO THAT ?

>> YOU ARE NOT SUPPOSED TO. YOU ARE CORRECT. THEY SHOULDN'T. THEY DON'T GET TO SAY FMLA. IF THE EMPLOYEE. EMPLOYEE DOESN'T GET TO CHOOSE. REASON FOR THIS, THINK ABOUT IT, EVERYBODY IS RUNNING A BUSINESS. FEDERAL GOVERNMENT JUST GUARANTEES YOU (INAUDIBLE)

QUESTION FROM AUDIENCE (INAUDIBLE). WE SHOULD GIVE YOU FMLA PACKET WITH THE CERTIFICATION FORM. THE FORM SHOULD BE RETURNED. IF YOU DON'T RETURN THE FORM, BUT WE ALLOW YOU TO TAKE THE TIME OFF, AND WE KNOW WHY YOU WERE MISSING WORK, CHANCES ARE, I WILL TELL FMLA COORDINATOR, IF THE EMPLOYEE HAS ACKNOWLEDGED WHY THEY WERE OFF WORK, AND WE HAVE NO REASON TO DOUBT THAT, COUNT THE TIME. IF THEY OBJECT, THEY CAN P FILL OUT FORM AND THE DOCTOR CAN TELL US QUALIFY FOR FMLA. IT IS OUR BURDEN AND OUR OBLIGATION. BECAUSE YOU DON'T RETURN THE FMLA FORM, THERE IS OTHER WAYS, TOO, ARE YOU USING 20 SICK DAYS, UNDER MOST AGENCY'S POLICIES, IF YOU USE MORE THAN FIVE SICK DAYS IN A ROW OR TEN SICK DAYS, YOU HAVE TO PROVIDE MEDICAL DOCUMENTATION OR WE WILL NOT LET YOU USE THAT SICK TIME. THAT'S HOW WE CAN ALSO GET THE MEDICAL INFORMATION AND NEED. YOU DON'T GET TO SAY (INAUDIBLE)

IT IS MINIMUM. HERE IS WHAT BEAM DON'T UNDERSTAND. WE HAVE ALL KINDS OF LEAVES OF ABSENCE. IF YOUR MOM IS SICK, CAN YOU GO ON FAMILY RESPONSIBILITY LEAVE OF ABSENCE. YOU GET JOB PROTECTION. FMLA IS JUST A BASE GUARANTEE. WE NEED TO MAKE SURE WE ARE COMPLYING WITH OUR OBLIGATION BECAUSE WE KNOW THAT IF YOU GET YOURSELF INTO TROUBLE, AND YOU GET SICK AND YOU ARE OUT OF THAT FMLA PROTECTION AND MEDICAL TIME, YOU CAN TAKE A LEAVE OF ABSENCE. PEOPLE WHO HAVE HAD PROBLEMS. THERE ARE PEOPLE, I CERTAINLY HOPE NONE OF YOU WHO ARE THESE PEOPLE, WITHIN THE FIRST FIVE DAYS OF THE MONTH, THEY BURN THAT SICK DAY THAT THEY EARN. WE CALL THEM EARNERS AND BURNERS. THESE ARE PEOPLE WHO CANNOT ACCUMULATE A DAY MONTH TO MONTH. THEY FEEL COMPELLED. IT IS ALMOST LIKE ADDICTION. MAYBE THEY DON'T REALLY NEED TO USE THAT SICK DAY. BUT GOD KNOWS THEY ARE GOING TO. WITHIN THE FIRST FIVE DAYS THEY BURN IT, AND WE SEE THAT, YOU KNOW, AND THOSE ARE THE PEOPLE WHO GE THEMSELVES INTO TROUBLE. THEN WHEN FMLA IS GONE, THERE IS NOTHING WE CAN DO FOR THEM. USUALLY IT IS EARNERS AND BURNERS DON'T HAVE THE CHUNK OF TIME THAT NEED FOR LONG ABSENCE. THEY ARE JUST GONE HERE AND THERE. ONCE YOUR FMLA PROTECTIONS ARE GONE, AND YOU ARE OUT OF BENEFIT TIME, YOUR ABSENCES WILL BE UNAUTHORIZED ABSENCE. THEN IT IS PROGRESSIVE DISCIPLINE. MANY (INAUDIBLE).

>>RIGHT. ALTOGETHER. P (INAUDIBLE) (QUESTION INAUDIBLE) THEY COME BACK IN APRIL, WOULD YOU TAKE FMLA TIME ?

>> LETS A SAY THEY WERE GONE, AND I GET A CALL IN APRIL THAT SAYS, OH, MAN, SUPERVISOR LET THEM USE THE SICK TIME AND DIDN'T LET US KNOW. I AM I AM LIKE WHAT DO I DO. THIS IS THE SITUATION, SPRINGFIELD, WHERE I DON'T KNOW IF YOU HEARD THE QUESTION. BUT LIKE IF SOMEONE IS GONE FROM MARCH 1 TO 31, NOBODY KNOWS ABOUT THE SUPERVISOR AND THE SUPERVISOR LET THEM USED ABSENCE, IF WE FIND OUT, WE CAN RETRO ACTIVELY COUNT THE TIME FMLA ALLOTMENT AS LONG AS WE GIVE YOU NOTICE YOU ARE DOING SO. AM I GOING TO DO IT SIX MONTHS DOWN THE ROAD? NO. PROBABLY NOT. BUT IN MOST CASE, WE HAVE THE RIGHT TO GO BACK RETRO ACTIVELY AND WE WILL. WE WILL. BECAUSE, AGAIN, WE NEED PEOPLE COMING TO WORK. WE WILL WORK WITH PEOPLE THAT HAVE PROBLEMS, YOU KNOW, WE HAVE ALL KINDS OF LEAVES OF ABSENCE. BUT WE ARE GOING TO BURN THROUGH FMLA YOU ARE LIKE EVERYBODY ELSE, JUST A STATE EMPLOYEE, SUBJECT TO ALL THE RULES AND REGULATIONS WE ARE. (QUESTION INAUDIBLE) CHRONIC IS IN MITT ENTER. PEOPLE WITH CHRONIC CONDITION WILL MISS WORK INTERMITTENT. THAT'S (INAUDIBLE)

YEAH, IT IS CHRONIC (INAUDIBLE)

PEOPLE WITH CHRONIC ILLNESSES, IT IS EPISODIC. ANY OTHER QUESTIONS? OKAY, ONE MORE QUESTION. SORRY, GUYS.

>> I WANT TO BE SURE (QUESTION INAUDIBLE) CAN SOMEONE COME IN, BY 12:00 O'CLOCK, TELL YOU I AM ABOUT TO HAVE AN EPISODE AND WAN TO USE MY TIME TO GO HOME ?

>> YES, BUT YOU CAN ASK THEM WHAT IS GOING ON.

>> THEY TELL YOU I AM ABOUT TO HAVE AN EPISODE, CAN I GO HOME ?

>> WE GET PEOPLE ALL THE TIME GET MAD AT THEIR SUPERVISORS AND STORM OUT, I AM TAKING FMLA DAY! AND STORM OUT. (QUESTION INAUDIBLE).

>>ARE THEY ALREADY CERTIFIED FOR FMLA? PROBABLY NOT. IF THEY TELL YOU FMLA, AND YOU HAVE NEVER HEARD FROM ANYBODY THEY ARE F M LA CERTIFIED, AND CALL THE COORDINATOR.

>>WHAT IF THEY ARE ?

>> SURE. YOU HAVE THE RIGHT TO ASK THE QUESTIONS. YOU LOOK FINE NOW. ARE YOU OKAY? WHAT IS GOING ON.

>> THEY ARE ABOUT TO BE SICK.

>>YES, THEY CAN GO. YES, ABSOLUTELY. ABSOLUTELY. IF THEY ARE APPROVED FOR FML AND LEAVING BECAUSE OF THEIR FMLA CONDITION, ABSOLUTELY. ABSOLUTELY. ANY OTHER QUESTIONS? SPRINGFIELD, ANYWHERE? PHONE: HELLO. DO YOU HAVE TO USE FMLA, IN HOUR INCREMENTS, OR DO YOU HAVE TO USEFUL DAYS ?

>> YOU CAN USE INCREMENTS IN THE SMALLEST INCREMENTS TIME KEEPING INCREMENTS THAT WE HAVE. IF YOU WANT TO USE BENEFIT TIME, YOU HAVE TO COMPLY WITH OUR RULES ON BENEFIT TIME, THE INCREMENTS WE HAVE NOW. MOST OF THOSE ARE PRETTY SMALL ANYWAY. YOU DON'T HAVE TO USE A FULL DAY. PHONE: YOU HAVE A DOCTOR'S APPOINTMENT, YOU CAN USE SICK TIME OR VACATION TIME IF YOU HAVE IT AND MARK IT NMLA FOR TWO HOURS? CORRECT. CORRECT. PHONE: THANK YOU. YOU ARE WELCOME. ANY OTHER QUESTIONS ?

>> I HAVE A QUESTION FOR YOU. I WAS WONDERING, DO YOU GET A LOT OF QUESTIONS ABOUT CARPEL TUNNEL TIME TO USE ?

>> SBT THAT USUALLY ASSOCIATED WITH WORKERS COMP? CARPEL TUNNEL, IF IT IS WORKERS'S COMP WILL FALL UNDER FMLA, IT WILL RUN CONCURRENTLY, IF YOU CAN'T WORK BECAUSE CARPEL TUNNEL IS FLARING UP, IT WOULD BE FMLA COVERED AS LONG AS IT IS CERTIFIED. WE ARE NOT GOING TO CALL IT BECAUSE SOMEONE TELLS US, WE REQUIRE MEDICAL DOCUMENTATION. YEAH. YEAH. PHONE: THANK YOU.

>>ANY OTHER QUESTIONS ?

>> MIKE:

>>(INAUDIBLE) PAID SICK LEAVE AND FMLA.

>>ON A LOT OF (INAUDIBLE)

HOW DO YOU DE NEAT ABSENCE ON THE BENEFIT REQUEST FORM? A LOT OF FORMS HAVE A COLUMN FOR LIKE COMMENTS OR OTHER, THAT'S WHERE THEY CAN WRITE IN FMLA OR CMS' FORM, ABSENCE, FMLA RELATED, THEY HAVE TO MARK THE BOX. IT DEPENDS ON THE AGENCY'S FORM. WE DON'T HAVE A STANDARD FORM. ANY OTHER QUESTIONS? ANY OTHER QUESTIONS ?

>> MIKE: DO YOU HAVE TO USE ALL YOUR BENEFIT TIME BEFORE YOU GO TO FML OR TAKE FML UNPAID LEAVE ?

>> MOST AGENCIES REQUIRE THAT YOU EXHAUST YOUR SICK LEAVE BEFORE YOU TAKE UNPAID FMLA TIME. WITH REGARD TO WHETHER OR NOT YOUR EMPLOYER REQUIRES YOU TO EXHAUST VACATION AND PERSONAL LEAVE, THAT WOULD DEPEND ON THE AGENCY POLICY BEFORE YOU TAKE. CMS, WE REQUIRE THE EXHAUSTION BEFORE FMLA. YOU CAN'T HAVE ANY SICK LEAVE ON THE BOOKS. THAT'S, BECAUSE, BECAUSE IT IS NOT IN ADDITION TO. IT RUNS CONCURRENT WITH. ANY MORE QUESTIONS ?

>> MIKE: HOW DO YOU KNOW WHO YOUR FML COORDINATOR IS ?

>> WHAT IS THAT ?

>> MIKE: HOW DO YOU FIND OUT WHO THE FML COORDINATOR ?

>> IF YOU HAVE PERSONNEL LIASON SHOULD BE ABLE TO TELL YOU WHO THE COORDINATOR IS:

>>WHOEVER IS TAKING THE CLASSES PART TIME, MUTE YOUR PHONE FOR US. ~L OKAY. I AM GOING TO END IT. IF NOBODY HAS ANY OTHER QUESTIONS, (INAUDIBLE)

I WOULD LIKE TO REMIND EVERYONE THAT WE HAVE A SURVEY IF YOU WOULD COMPLETE IT.

>> COURTNEY. WE HAVE ONE MORE QUESTION IN SPRINGFIELD.

>>OKAY. HI. I WANTED TO KNOW IS THERE ANYWAY TO GET THIS INFORMATION BECAUSE IN THE FEDERAL GUIDELINES IT, NOT AS SPECIFIC OR DETAILED AS THIS INFORMATION YOU ARE GIVING US. SO WHEREIN THE FEDERAL RULES ARE ALL OF THIS (INAUDIBLE)

IS ALL OF THIS INFORMATION DO TAILED THAT YOU JUST SHARED WITH US ?

>> COURTNEY: THE INFORMATION I AM SHARING WITH U.S.A. COMBINATION OF WHAT IS THE IN ACTUAL REGULATIONS, WHAT IS IN THE COMMENTS TO THE REGULATIONS, SORT OF POLICY REASONS BEHIND THE CHANGE THAT THEY MADE. AND OUR PRACTICES AND POLICIES HERE AT THE STATE. IF YOU HAVE A SPECIFIC QUESTION, IF YOU WANT TO E-MAIL ME, OKAY, COURTNEY, WHERE ARE YOU GETTING THIS FROM? I CAN ANSWER THAT. I DON'T MAKE MY TRAINING SO SPECIFIC THAT I CITE TO THE RULES JUST BECAUSE MOST PEOPLE NEVER WOULD EVER GO LOOK AT IT.

>> I JUST HAD ONE OTHER QUESTION. WHEN YOU ARE GOING BACK TO THE DOCKAGE, AND YOU TALKED ABOUT DOCKAGE, YOU KNOW, WITH (INAUDIBLE)

UNDER THE INSURANCE, FOR INSURANCE PURPOSES AND WHATNOT BEING (INAUDIBLE)

HAVING TO BE PAID ON 31ST DAY BY AN EMPLOYEE. UNDER FMLA, IF IT IS DOCK TIME UNDER FMLA WOULD THAT SAME APPLY, AND DOES IT HAVE ANY AFFECT ON YOUR PENSION? ARE YOU ABLE TO BUY THAT TIME BACK IF IT IS COVERED UNDER FMLA ?

>> COURTNEY: THAT'S A GOOD QUESTION I DO NOT (INAUDIBLE)

I WILL CONFESS, I DO NOT KNOW THE ANSWER TO. I O WOULD SUGGEST YOU CON STACT SERS TO CONTACT ANYTHING ABOUT PENSION AND MISSING WORK AND DOCKAGE. I DON'T HAVE EXPERTISE IN SERS. WITH REGARD TO THE OTHER PART OF YOUR QUESTION, YOU THREW ME WITH THE SERS. INSURANCE DOCKAGE, IS IF YOU HIT YOUR 31ST DAY, AND THAT IS, YOU ARE STILL PROTECTED BY FMLA, IF YOUR DOCK DAYS, 31ST DAY AND BEYOND ARE PROTECTED BY FMLA, THEN THE IMPACT OF THE INSURANCE WILL NOT KICK IN UNLESS IN THAT SAME PAY PERIOD, YOU HAVE AN UNPAID DAY WHICH IS NOT FMLA. SO LET'S SAY YOU HAVE FMLA DAY ON MONDAY, YOU ALSO MISS WEDNESDAY, AND THAT'S A DOCKED DAY, AND THAT'S NOT FMLA DAY, THEN THEY WILL REQUIRE YOU TO PAY YOUR INSURANCE. BECAUSE YOU HAVE MISSED WORK FOR ANOTHER REASON THAT WASN'T FMLA PRO TECTED AND TRIGGERED THAT RULE OR TRIGGERED THAT EFFECT. BUT OTHERWISE, YOU WOULD BE PROTECTED BY FMLA UNLESS YOU HAVE A A DOCKED DAY WHICH IS NOT FMLA PROTECTED IN THE SAME PAY PERIOD. THAT I KNOW.

>>MY LAST QUESTION IS GOING BACK TO THE FIVE CONSECUTIVE DAYS, IF A HOLIDAY FALL INS THAT DATE, YOU ARE USING FMLA,.

>>TUESDAY THROUGH FRIDAY ARE ALL FMLA DAYS, MONDAY WILL BE FMLA DAY, TOO.

>>I GUESS MY QUESTION, IF IT WAS A HOLIDAY HOW CAN IT BE COUNTED AS A DAY YOU WEREN'T GOING TO BE TAKING ANYWAY ?

>> COURTNEY: THAT'S THE FEDERAL REGULATIONS. WE FOLLOW THE FEDERAL REGULATIONS, AND THAT'S WHAT THEY SAY. IF IT IS THE WHOLE WEEK, IT IS THE WHOLE WEEK.

>> MIKE: COURTNEY, ONE LAST QUESTION, COULD I (INAUDIBLE)

DO I HAVE YOUR PERMISSION TO PUT THIS SLIDE PRESENTATION OUT ON THE ICED WEB SITE ?

>> COURTNEY: IF YOU COULD GIVE ME MAYBE A COUPLE OF DAYS TO THINK ABOUT THAT. I WANT TO LOOK INTO PUTTING UP (INAUDIBLE)

ANYTHING OUT THERE ON THE INTERNET CAN BE COPIED, AND THIS IS MY WORK PRODUCT WHICH IS PROPERTY OF THE STATE OF ILLINOIS. SO I WANT TO MAKE SURE THAT WE HAVE LOOKED INTO THEY PROTECTING IT SO THAT CAN'T BE STOLEN AND USED FOR SOMEONE'S PROFIT MAKING PURPOSES IF I CAN'T USE IT FOR MY OWN PROFIT MAKING PURPOSES. THAT'S ONE THING I WANT TO LOOK INTO, AND I HAVE A STUDENT INTERN I WILL ASK TO LOOK INTO THAT ISSUE IN THE NEXT WEEK, OKAY ?

>> MIKE: FINE, GREAT, THANKS.

>> COURTNEY: YOU WILL SEND ME E-MAIL NEXT WEEK REMINDING ME ABOUT THAT. I CAN GIVE YOU THE ANSWER.

>> MIKE: SURE. OKAY.

>>COURTNEY, I HAVE ANOTHER ONE ALSO. WHEN YOU TALK ABOUT THE RESPONSIBILITY BEING ON THE EMPLOYEE, TELL SUPERVISOR IF THEY HAVE FMLA RELATED CONDITION, BUT AT THE SAME TIME IN THE FMLA RULES, IF YOU MISS THREE CONSECUTIVE DAYS, DOESN'T THAT TIP THE SUPERVISOR TO NOTIFY THE FMLA COORDINATOR THEY MAY HAVE A EMPLOYEE WITH A CONDITION. IF SUPERVISOR GOES OUT AND ASKS THE EMPLOYEE ALL THESE QUESTIONS, AND THE EMPLOYEE GETS ON THE DEFENSIVE AND CHOOSES NOT TO ANSWER THE QUESTIONS, THEN WHAT IMPACT DOES THAT HAVE ON THE EMPLOYEE? ARE THERE REPERCUSSIONS BACK TO THE EMPLOYEE, OR, YOU KNOW, I GOES ARE THEY REALLY OBLIGATED TO ANSWER THOSE QUESTIONS ?

>> COURTNEY: IT GOES BACK TO THE BRAIN CANCER VICTIM. THEY DON'T GIVE US ANYTHING MORE THAN I AM SICK, AND YOU MAY FIND YOURSELF IN A POSITION WHERE YOU ARE OUT OF A JOB.

>>BUT THAT'S A CHOICE THE INDIVIDUAL MADE, AND IF THEY (INAUDIBLE)

>>COURTNEY: ABSOLUTELY. ABSOLUTELY. ABSOLUTELY HERE IS THE THING, IF WE ARE ALLOWING YOU TO USE YOUR BENEFIT TIME, AND WE HAVE CERTAIN RIGHTS WITH RESPECT TO THE USE OF BENEFIT TIME, WE CAN REQUIRE MEDICAL DOCUMENTATION, DE PEPS ON WHAT THE AGENCY PRACTICE IS, BUT WITH SO MANY DAYS OF USING SICK TIME, WE CAN REQUIRE YOU TO BRING IN A DOCTOR'S NOTE SUBSTANTIATING YOU DID, IN FACT, NEED THE TIME OFF. YOU KNOW, YEAH, EMPLOYEES CAN BE OB STI NANT WITH US, BUT FMLA IS THERE TO PROTECT YOU, AND I WOULD JUST THINK YOU WOULD WANT TO TAKE FULL ADVANTAGE OF THE PROTECTIONS. WE WILL USE THE INFORMATION THAT WE HAVE. WE CAN'T TIE AN EMPLOYEE DOWN AND WATER BOARD THEM UNTIL THEY TELL US WHY THEY ARE SICK. YOU KNOW, IT IS A GIVE AND TAKE SITUATION. WE CAN ONLY OPERATE WITH THE INFORMATION THAT WE HAVE. IF AN EMPLOYEE IS (INAUDIBLE)

HAS CALLED IN SICK FOR FOUR DAYS IN A ROW, YES, I EXPECT THE EMPLOYER TO ASK QUESTIONS. BUT WE DON'T PRESUME THAT IT IS FMLA. BECAUSE SOMETIMES YOU GET THE FLU, OR A COMMON COLD. AND UNLESS THERE ARE COMPLICATIONS, IT IS NOT GOING TO BE FMLA. MY SITUATION IS MINE DIDN'T BECOME AN FMLA ISSUE UNTIL I GOT COMPLICATIONS THAT FORCED IT ME TO GO TO THE DOCTOR. I WOULDN'T GO TO THE DOCTOR JUST BECAUSE I HAD THE FLU. I HAD COMPLICATIONS. JUST BECAUSE I WAS OFF FOUR DAYS WITH THE FLU, TRIGGERED NO OBLIGATION. COWFG: SORRY. PART OF MY FLU.

>>I UNDERSTAND THAT, THE WAY I ALWAYS UNDERSTOOD FMLA WORKED, IT IS NOT YOU ARE UNDER OBLIGATION, IT IS JUST THE EMPLOYER NOTIFIES THE EMPLOYEE OF THEIR RIGHT TO APPLY FOR FMLA, NOT THAT EITHER PARTY HAD HAD (INAUDIBLE)

THE EMPLOYEE HAS TO APPLY FOR IT, IT IS NOTIFYING THEIR RIGHT AFTER CONSECUTIVE DAYS. MY CONCERN IS I WAS NEVER TOLD THAT THE SUPERVISOR HAD THE RIGHT TO MAKE ALL THESE INQUIRIES OTHER THAN JUST TO (INAUDIBLE)

>>COURTNEY: THAT'S REALLY CLARIFIED IN THE REGULATIONS THAT THE EMPLOYEE HAS (INAUDIBLE)

BECAUSE OF THE OBLIGATIONS IMPOSE ON THE EMPLOYER, THE FEDS REALIZED IT IS ONLY FAIR TO REQUIRE THE EMPLOYEE TO ANSWER THE QUESTIONS WHICH ARE REASONABLY DIRECTED AT DETERMING WHETHER FMLA APPLIES. SO IT IS ONLY FAIR THAT IF WE HAVE THIS OBLIGATION TO MAKE INQUIRY, THAT AN EMPLOYEE AND TO MAKE SURE THAT WE GIVE FMLA PROTECTION WHEN WE HAVE REASON TO BELIEVE THAT THERE IS A NEED, THAT IT IS ONLY FAIR THE EMPLOYEE GETS THE SAME OBLIGATION TO ANSWER QUESTIONS REQUIRE REASONABLY DIRECTED AT DETERMING WHETHER FMLA APPLIES. SURE, YOU CAN STILL GO TELL YOUR EMPLOYER TO JUMP OFF A BRIDGE, BUT IT DOESN'T MEAN THAT YOU WILL BE ALLOWED TO USE ALL THE BENEFIT TIME YOU WANT. BECAUSE WE STILL HAVE OUR OWN RULES THAT WILL APPLY TO FIGURE OUT WERE YOU, IN FACT, REALLY SICK OR WERE YOU ON A CRUISE. BECAUSE, BELIEVE ME, PEOPLE, THERE ARE PEOPLE THAT USE (INAUDIBLE)

SAVE UP SICK TIME FOR VACATIONS! WHICH IS NOT RIGHT. SICK TIME IS FOR SICK TIME. VACATION TIME IS FOR VACATIONS. YOU ARE NOT (INAUDIBLE)

YOU KNOW, TBS NOT ALL THIS BENEFIT TIME WE GIVE YOU THAT YOU CAN USE FOR WHATEVER PURPOSE YOU WANT. SICK TIME IS FOR WHEN YOU OR YOUR FAMILY MEMBERS ARE SICK, AND VACATION TIME IS SUPPOSED TO BE REQUESTED IN ADVANCE SO CAN YOU GET TIME AWAY FROM WORK FOR ANY REASON REALLY OTHER THAN BEING SICK. YOU CAN USE YOUR VACATION TIME DEPENDING ON YOUR AGENCY POLICY AND PRACTICE WHEN YOU ARE OUT OF SICK TIME. SO WE HAVE THINGS AND MECHANISMS WE USE AS AN EMPLOYER, BUT FMLA GIVES US THE RIGHT TO ASK QUESTIONS. ABSOLUTELY. THAT IS A CHANGE. SO YOU ARE PROBABLY NOT USED TO THAT.

>> THANK YOU. GUYS, THANK YOU SO MUCH. I AM GOING TO GO UPSTAIRS AND OPEN MY MAIL AND PROBABLY CRY!

>>DON'T FORGET TO FILL OUT THE SURVEYS.

TANK YOU