WHAT IS THE FAMILY MEDICAL LEAVE ACT OF 1993 AND HOW DOES IT AFFECT YOU -- THE SBC EMPLOYEE?

One of the most challenging concerns facing American workers today is balancing the demands of the workplace with the needs of their families. In an attempt to address these concerns President Clinton and congress passed The Family Medical Leave Act of 1993. Enactment of the law falls under the U.S. Department of Labor's Employment Standards Administration, Wage and Hour Division. FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain family and medical reasons.

EMPLOYEE ELIGIBILITY

To be eligible for FMLA benefits, and employee must:

• Work for a covered employee;
• Have worked for the employer for a total of 12 months (months need not be consecutive);
• Have worked at least 1250 hours over the previous 12 months; and
• Worked at a location in the United States where at least 50 employees are employed by the employer within 75 miles.

LEAVE ENTITLEMENT

A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12 month period for one or more of the following reasons:

1. For birth and care of the newborn child;
2. For placement of a child for adoption or foster care;
3. To care for an immediate family member (spouse, child or parent) with a serious health condition, or;
4. To take medical leave when the employee is unable to work because of a serious health condition.

It is unlawful for an employer to interfere with, or deny the exercise of any right provided by FMLA. It is also unlawful for an employer to discharge or discriminate against any employee for opposing any practice, or because of involvement in any proceeding, related to FMLA.

WHAT DOES ALL THIS MEAN TO THE SBC EMPLOYEE?

If you have been employed by one of the SBC companies for 1 year or more and have worked 1250 hours within the previous year, you are eligible for FMLA leave.

Should a leave become necessary whether it be for a family member or yourself, SBC is required to maintain your group health insurance coverage on the same terms as if you had continued to work. If you are paying a share of your health insurance premiums arrangements must be made for you to pay your share of the premium while on leave.

Upon returning from a FMLA leave, you must be restored to your original job, or to an equivalent job with equivalent pay, benefits, and other terms of employment.

Also, you cannot lose any employment benefit that you earned or were entitled to before using the FMLA leave. Your employer may not use approved FMLA leave against you when enforcing company attendance policies.

CARE FOR A FAMILY MEMBER

The Family Medical Leave Act of 1993 defines immediate family members as son or daughter, spouse or parent. FMLA family leave must be taken to provide care for a family member who is unable to care for themselves due to a serious health condition.

"Serious Health Condition" is defined by the DOL as an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider. Actually, the determination of a "serious health condition" is made on a case-by-case basis, as the DOL definition is so vague.

"Continuing treatment" is defined as follows:

• A period of incapacity of more than three consecutive calendar days having two or more treatments, by a health care provider, or treatment by a health care provider on at least one occasion resulting in a supervised regimen of continuing treatment (i.e.: prescription medicines or specialized therapy)
• Pregnancy and time needed for prenatal visits;
• A chronic health condition, such as asthma, diabetes, or epilepsy;
• A long-term condition such as Alzheimer's, severe stroke, or the terminal stages of a disease; and
• Restorative surgery after an accident or injury, or a condition that will likely result in a period of incapacity for more that three consecutive calendar days is not treated. (i.e.: physical therapy or chemotherapy for cancer)

"Inpatient care" is obviously an illness requiring at least one night of hospitalization.

SON or DAUGHTER is defined as your biological, adopted or foster child, a step-child, a legal ward, or a child you provide daily care and financial support for. (a biological or legal relationship with the child you care for, is not necessary)

The child must be under the age of 18 unless they are incapable of taking care of themselves because of a physical or mental disability. (i.e.: the child needs assistance with three of the following: eating, bathing, dressing, or keeping a home. Possibly an adult child with advanced cancer, AIDS, or a severe mental incapacity)

SPOUSE is defined as husband or wife under the statutory of common-law rules of your state. Domestic partners are not spouses.

PARENT is defined as your biological, adoptive, or foster mother or father. As with the child anyone who cared for you daily or provided your financial support is considered a parent.

Family members requiring care do not need to live in your home.

Under FMLA regulations, if vacation time is available you must be allowed to use it during otherwise unpaid FMLA leave. Restrictive rules, such as notice or duration requirements, cannot be enforced. However, SBC cannot force you to use vacation time if you do not elect to.

Under FMLA regulations, you may take FMLA leave intermittently, meaning a day at a time, in blocks or hours, or you may reduce your normal weekly or daily work schedule. (i.e.: family member requires once a week cancer treatments for 14 weeks. You may take the time necessary to transfer the family member back and forth.)

If you need a reduced or intermittent schedule, SBC can require you to transfer to another position that is better suited to your schedule. When your need for the leave is over you must be returned to your original position.

CARE OF THE EMPLOYEE

FMLA leave is not just for the care of immediate family members. It can be taken when you (the employee) are unable to work because of a serious health condition.

"Serious health condition", "continuing treatment", and "inpatient care" are defined the same way as under the FMLA leave for CARE OF A FAMILY MEMBER.

Again, if vacation time is available you should be allowed to use it during an otherwise unpaid leave. Unlike, CARE OF A FAMILY MEMBER, if you are entitled to sick pay you will be paid for approved FMLA leave. If you have not been employed long enough to receive sick pay from SBC you will not be paid.

As with CARE OF A FAMILY MEMBER, you may take FMLA leave intermittently or request a reduced schedule. You may be required to transfer to another position that is better suited to your schedule. When your need for the leave is over you must be returned to your original position.

WHAT STEPS DO I TAKE IF I BELIEVE I NEED AN FMLA LEAVE?

The following instructions will help make applying and being approved for FMLA leave an easier process at SBC:

1. If the leave is foreseeable 30 days or more into the future, you must give at least 30 days notice;
2. If the leave is unforeseeable, notice must be given as soon as practicable;
3. Request FMLA4 forms from your immediate supervisor (there are 5 pages to the FMLA4 form)
4. It is best to take the FMLA4 forms to your health care provider whenever possible as they are due in the FMLA office 14 days after you have received the form from your supervisor. (working with the health care provider will insure all questions are answered and that the forms have been sent).
5. Make sure you maintain a copy of the completed forms for your records.
6. Page 1 of 5 simply indicates where your health care provider is to fax or mail the remaining pages; page 2, section for employee, must be filled out by you in its entirety and signed by you; pages 3 through 5 are to be completed by your health care provider.
7. When forms are completed, your health care provider should fax or mail forms to fax number or address indicated on page 1. (page 2 must be on top as it has a bar code which coincides with the form your supervisor sent the SBC/FMLA office at the time of your request.)
8. At this point you have completed your part of the process.
9. The SBC/FMLA office has 14 days from receipt of your forms to respond.
10. If the FMLA leave is approved, the process is completed.

WHAT DO I DO IF MY FMLA LEAVE IS DENIED?

1. You will receive a letter from the FMLA office indicating why your leave has been denied;
2. If you do not understand their denial, contact the SBC/FMLA office at 1-888 271-5446 for further clarification;
3. If they are requesting additional information or indicate that the health care provider forgot to answer a question, contact the health care provider and have them fill in the necessary information; (any change made to the original form must be initialed by the health care provider.) ask the health care provider to refax the form;
4. You have 15 days to resubmit the corrected forms after the initial denial;
5. If your leave is still denied contact your Union Representative
6. The Union will make every effort to work with you and SBC to resolve the situation, however, if it can not be resolved, we will help you file a complaint with the United States Department of Labor by contacting the nearest office of the wage and hour division;
7. The complaint must be filed within 2 years of the violation of FMLA

WHAT ARE SBC'S REQUIREMENTS AND RESPONSIBILITIES?

1. SBC must post notices explaining the Family Medical Leave Act and place information about the Act in any employee handbooks or benefit material provided new employees;
2. SBC must designate absence as FMLA leave when applicable and explain your specific rights and obligations;
3. SBC must allow you time off for FMLA purposes and must notify you if you are ineligible for FMLA leave;
4. SBC requires a medical certification when employees request FMLA leave (this is satisfied when the FMLA4 form is filled out by your health care provider)
5. SBC may not require any type of medical certification for leaves taken to care for a newborn child or a child that is being placed with an employee for adoption or foster care;
6. FMLA regulations state that the medical certification must relate only to the serious health condition that is causing the current need for leave (SBC cannot ask for information about you/your family's general health or any other medical conditions)
7. SBC may ask about the medical facts that support that there is a serious health condition, when the condition began and its approximate duration, whether leave must be taken intermittently, and whether you are unable to work;
8. FMLA regulations mandate that SBC should request medical certification at the time you ask for leave or within the next 2 business days. If the leave is foreseeable, you may be asked to provide the certification before the leave begins;
9. SBC may request certification at a later date if they have reason to question the appropriateness of the leave or its length;
10. SBC may delay your leave approval if certification is not provided in a timely manner and you are not considered to be on an FMLA leave if certification is never provided; (however, they may still have to grant FMLA leave if you have made a good faith effort to obtain the medical certification from your health care provider but have been unable to get it);
11. SBC does not have to take your medical certification as the final word, they may do one of 2 things - with your permission, a provider representing SBC may contact your health care provider to clarify the medical certification and verify its authenticity - or, they may require a second opinion from an independent health care provider that they select; (but one who does not work for the SBC). SBC is responsible for this expense. If the 2 opinions conflict, SBC may pay for a third and final binding medical opinion;
12. SBC may require additional medical certifications during the leave to determine the continuing need for leave but not more than every thirty days;

PREGNANCY

1. Any pregnancy related illness is considered "a serious health condition" and therefore comes under the FMLA guidelines;
2. Continuous, reduced schedule or intermittent time off must be allowed for any periods of incapacity caused by the pregnancy (i.e.: including miscarriage, prenatal care, child birth and recovering from child birth)

The Family Medical Leave Act provided workers with the ability to balance demands of the workplace with the needs of their families. While this is a federal law, with rights come responsibilities. You are responsible for requesting leaves, for following through with the health care provider and ultimately seeing that your FMLA leave is approved. You are responsible to maintain this right for future employees by making every effort not to abuse the policy.

Failure to cooperate with the company's legal requirements will result in a denied leave. It will count against your attendance and Union representatives may be unable to have the denial overturned.

Any questions or concerns you may have regarding FMLA leave may be addressed by contacting your local office at 314-781-6320. You will be guided to the appropriate contact person.

FREQUENTLY ASKED QUESTIONS

Is the leave paid or unpaid?

Whether the leave is paid or unpaid is determined by your contract. If you can be off paid for the reason you are out, then it is paid; otherwise it is unpaid.

Can I request vacation time for this period?

If vacation time is available you do not have to use FMLA time. If vacation time is not available, and your contract doesn't pay you for that time off, you can request vacation time (even though it is not available on your vacation schedule). You will be charged for FMLA time during this vacation period if the vacation time was not available on the vacation schedule.

What does FMLA do?

It is designed to allow "eligible" employees the right to take paid or unpaid leave for a period of up to 12 work weeks in any 12 month period. It maintains job protection during your leave. It maintains health and employment benefits during your leave. It prevents this leave from being used against you for attendance or disciplinary purposes.

What conditions or illnesses qualify under FMLA?

• Conditions which require either inpatient or continuing treatment by a health care provider.
• Absences are necessary on a recurring basis for more than 3 days for reasons of treatment or recovery.
• Treatment for a serious health condition that, if left untreated, would likely result in an absence from work of more than 3 days.
• Anything that qualifies as a leave of absence or disability.

What are my responsibilities?

1. You must make a request for excused time (paid or unpaid). It must be a verbal request or a request from a representative of the employee (spouse, family member, or other responsible party).
2. You must provide a reason for the excused time. This will be needed to determine whether the time qualifies under FMLA.
3. You must comply with any provisions of your Company's disability plan or leave policy under which the employee is receiving benefits.
4. You must provide at least 30 days notice of need for excused time, when practicable.
5. You must make a reasonable effort not to disrupt your Company's operations.
6. You must provide: a medical certification within 15 days of the request. a periodic notice of intent to return to work. a certification from Employee's Health Care Provider that you are able to return to work.
7. Notify the Company if the spouse is also an employee of the same Company and if they are taking FMLA leave for absence for Child Care following the birth or placement for adoption or foster care or to care for a seriously ill parent during the current 12 month period.
8. Submit to a 2nd medical exam from a Health Care Provider selected by your Company, when required.
9. Cooperate with your Company in selecting a Health Care Provider for a 3rd medical exam, when required.
10. FMLA may be designated retroactively if the employee provides the reason for the absence within two business days of returning to work.

What can I do if I am turned down from for FMLA?

• Call the FMLA Department at your Company and find out why.
• Ask them to look at it again, if you have additional information.
• Contact the Department of Labor. They are authorized to investigate and resolve complaints of violations.
• Remember: if it doesn't qualify under the law, there is nothing the Department of Labor can do.
• You have 3 years to do this.
• Department of Labor --http://:www.dol.gov/
• FMLA Law --http://www.cris.coml-nalclba/O825.htm