Traditional FMLA Rules

•Traditional FMLA Rules – Not Altered by New Legislation •Employees 50+ •Unpaid FMLA-protected leave for “Serious Health Condition” of employee, spouse, child, or parent •Any hospitalization •Employee Misses at least three days of work and under the continuous treatment of a health provider •Continuous treatment means multiple visits to provider (could be a tele-visit) or at least one visit and continuing treatment such as Rx •Remember – Benefits during FMLA-protected leave •Applies to traditional or new expanded FMLA leave •Must continue group health plan benefits under the same terms as if the employee was actively at work •Including the same employer and employee contributions

Plan Eligibility Issues

Traditional FMLA Rules

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Determine Which Federal Leave Rules Apply

Qualifying Reasons for Leave

Time off needed due to employee or family member illness

Employee may qualify for Paid Sick Leave and traditional FMLA

Time off needed due to quarantine

Employee may qualify for Paid Sick Leave

Employee cannot work because of need to care for a child

Employee may qualify for Sick Leave and Expanded FMLA

Other Considerations

Is the employee eligible for other employer provided time off or leave benefits?
Is the employee eligible for state-mandated time off or leave benefits?
What are the existing plan eligibility rules relative to any of the above situations?

Traditional FMLA Rules Not Altered by new legislation

Employees 50+
Unpaid FMLA-protected leave for “Serious Health Condition” of employee, spouse, child, or parent
Any hospitalization
Employee Misses at least three days of work and under the continuous treatment of a health provider
Continuous treatment means multiple visits to provider (could be a tele-visit) or at least one visit and continuing treatment such as Rx

Remember Benefits During FMLA-Protected Leave

Applies to traditional or new expanded FMLA leave
Must continue group health plan benefits under the same terms as if the employee was actively at work
Including the same employer and employee contributions