FMLA-Family Medical Leave ACT
FMLA is a leave that is required by law. The Family and Medical Leave Act became effective in 1993. This Act requires that all covered employers must allow all eligible employees an unpaid leave of absence for up to 12 workweeks in a 12-month period. The required FMLA and IHOPKC supported guidelines are as follows:
To be eligible for Family Medical Leave, a staff member must have worked for the Missions Base for at least one year, with at least 1,250 hours worked during the previous 12 months.
Eligible staff members may take unpaid Family Medical Leave up to a maximum of 680 hours (12 work weeks = 60 days @ 8 hrs/day) within a 12-month period for any of the following reasons:
To care for the staff member’s child after birth, adoption or foster care placement
To care for the staff member’s parent or spouse who has a serious health condition
For one’s own serious health condition that prevents him/her from performing his/her job.
The staff member is required by IHOPKC to take personal time off concurrently with the FMLA leave. If you take advantage of the FMLA benefit you must count that as your personal time off as well.
The staff member is responsible to request FMLA from his/her supervisor and Staff Development within 30 days of a foreseen need for a leave or as soon as s/he knows, with reasonable certainty, the expected date on which leave will begin. The request must be completed on a Leave of Absence form and submitted to your supervisor.
The staff member should submit a request for leave of absence and must provide sufficient information for IHOPKC to determine if the leave may qualify for FMLA protection, as well as the anticipated timing and duration of the leave.
Sufficient information may include that the staff member is unable to perform job functions; a family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider.
Staff members also must inform IHOPKC if the requested leave is for a reason for which FMLA was previously taken or certified.
Staff members also may be required to provide a certification and periodic recertification supporting the need for leave.
IHOPKC will inform the staff member requesting leave whether s/he is eligible for FMLA.
If eligible, the staff member will also be given any additional information required as well as the staff member’s rights and responsibilities. Utilization of the 680 hours of FMLA time will begin as soon as the staff member starts his/her leave.
If ineligible for FMLA as protected by law, IHOPKC will provide the staff member with the reason(s) for the ineligibility.
Return to Work
To return to work, if applicable, the staff member must present a written release from his/her health care provider certifying that he or she is able to safely perform all of the essential functions of his/her position, or can do so with reasonable accommodation.
If possible, the staff member will be reinstated to his/her former position. The exceptions to this rule are as follows:
When the staff member's former position no longer exists
When IHOPKC had to replace the staff member as a business necessity
When the staff member is no longer qualified for his/her former job
When the staff member cannot return to his/her former job without posing a direct threat to his/her health or safety or to the health and safety of another person.
If IHOPKC cannot reinstate the staff member to his/her job, s/he will be offered a comparable position provided:
A comparable position exists and is available
Filling the available position would not substantially undermine IHOPKC's ability to operate safely and efficiently
The staff member is qualified for the position.
During a FMLA, a staff member will not continue to accrue days off. However, the staff member will continue to be credited with years of service during the period of his/her disability.
If a staff member cannot return to work by the estimated date submitted at the time FMLA was requested, s/he should consult with his/her supervisor regarding a continued leave of absence.
Military Leave
In accordance with the provisions of the Uniformed Services Employment and Re-Employment Rights Act of 1994, staff members who are or who become members of the National Guard or Military Reserves will be granted a leave of absence to attend both mandatory and voluntary military training for a maximum period of fifteen (15) calendar days annually. Guidelines are as follows:
In the case of mandatory training, IHOPKC will pay the difference between a staff member's regular pay for the period and the pay received from the military.
In the case of voluntary training, pay will not be provided to cover lost earnings.
Staff members must advise their supervisor and Staff Development of their military training schedule as far in advance as possible. Requests for military leave must be completed on a Leave of Absence form and submitted to your supervisor
Staff members must complete a staff member Absence form and obtain the required approvals before beginning military leaves lasting five (5) business days or more.
Staff members who leave IHOPKC’s employment for active duty, active duty for training, initial active duty for training, inactive-duty training, full-time National Guard duty, or examinations to determine fitness for duty in any branch of the armed forces of the United States will be reinstated to IHOPKC staff in accordance with the provisions of the Uniformed Services Employment and Re-employment Rights Act of 1994.
Return to Work
To return to work, if applicable, the staff member must present a written release from his/her health care provider certifying that he or she is able to safely perform all of the essential functions of his/her position, or can do so with reasonable accommodation.
If possible, the staff member will be reinstated to his/her former position. The exceptions to this rule are as follows:
When the staff member's former position no longer exists
When IHOPKC had to replace the staff member as a business necessity
When the staff member is no longer qualified for his/her former job
When the staff member cannot return to his/her former job without posing a direct threat to his/her health or safety or to the health and safety of another person.
If IHOPKC cannot reinstate the staff member to his/her job, s/he will be offered a comparable position provided:
A comparable position exists and is available
Filling the available position would not substantially undermine IHOPKC's ability to operate safely and efficiently
The staff member is qualified for the position.
During a Military Leave, a staff member will not continue to accrue days off. However, the staff member will continue to be credited with years of service during the leave.
During a leave of absence for military service, a staff member will not continue to accrue days off. However, the staff member will continue to be credited with years of service during the leave.
How to apply for a Leave of Absence
Applications for a leave of absence can be obtained on HR Helpdesk (staff.ihopkc.org/HR) or by emailing: humanresources@ihopkc.org to request the application.
An application for leave of absence should be submitted 1-2 weeks before the leave is expected to begin. If the leave is the result of a last minute, emergency situation, a staff member’s supervisor may need to submit a leave application to HR on behalf of the staff member.
After submitting the application, the supervisor will approve, then HR will communicate if more information is needed.
HR will communicate to both the staff member and supervisor if the leave of absence has been approved or not approved.
One week prior to the LoA end date, email HR confirmation of the staff members' first day coming back to work. This information is required to update their employment records. Often staff give an estimated end date, or need to extend their leave, or they simply decide to exit staff. A new Sacred Trust form is needed if they are changing their schedule.