Family Medical Leave (FMLA)
- FMLA runs concurrent with paid time.
- The nurse is only eligible for the 12 weeks of leave with benefits while on no pay (this include any FMLA time that was used with no pay
- If it is a personal illness, they have to use PTO. If it is for family member, they can opt and elect no-pay.
FMLA & Short Term Disability
- FMLA and STD will have a concurrent relationship. When using STD, the FMLA “clock” will start.
- 12 weeks of benefit coverage will be available beyond paid time.
MNA
The first one being that their 12 weeks of FMLA should start with the first day they are off with the illness/injury (including any paid time.)
The second portion is if an nurse has to use extended sick when that runs out (or if the employee has been given a release to come back to work but is eligible for another leave…like a child care leave) then he/she is eligible for up to 12 weeks of leave with benefits.
Note: There is only a total of 12 weeks of no pay with benefits (including any FMLA time). And the employee had to use extended sick before he/she is eligible for the leave with benefits (this is different from the leave without benefits)
Here is an example that may help:
A nurse goes out 4/1/05 to have a baby. Her FMLA time starts on 4/1/05. The first two weeks she is out will be PTO and then she uses extended sick time. On 5/14/05 the doctor releases her to come back to work. She decides that she wants to take a child care leave until July and still be covered under FMLA since eligible employees get 12 weeks of FMLA per year. In this case the she would be eligible for 6 weeks of leave with benefits (7/29/04). The remainder of the leave would be no pay and the employee would be responsible for the full cost of the benefits if they wanted to keep them during that time.
