2. Civil Rights
o White County Medical Center is an Equal Opportunity
Employer.
o WCMC does not discriminate with admissions or
employment in programs and activities against any
individual or group of individuals with regard to
race, color, sex, religion, age, ancestry, national
origin, status as a veteran, or physical or mental
disability.
3. Family Medical Leave Act- FMLA
o The Family Medical Leave Act took effect August 5, 1993
and applies to private employers with 50 or more
employees and all public employers.
o To be eligible for leave under the Act, an employee must
have worked at least 12 months and 1, 250 hours
4. Family Medical Leave Act- FMLA
o The Act requires employers to allow employees up to
twelve weeks of job-protected leave in any twelve-month
period for:
• Care of a child born to or placed for adoption or foster care
with an employee
• The serious health condition of the employee
• The serious health condition of an employee’s immediate
family member (parent, spouse, qualifying child)
5. Definitions for Leave
Serious Health Conditions
o Means illness, injury, impairment, or a physical or mental condition
that involves one of the following:
• Inpatient care in a hospital, hospice or residential
medical facility
• A period of incapacity or more than three
consecutive calendar days that also involves
continuing treatment by a health care provider
• Any period of incapacity because of pregnancy or
prenatal care
6. Definitions for Leave
Serious Health Conditions (cont)
• A period of incapacity that is permanent or long-term
because of a condition for which treatment might not be
effective
• Any period of absence to receive multiple treatments for a
condition that would likely result in a period of incapacity
of more than three consecutive calendar days without
such treatment
7. Definitions for Leave
Military Family Medical Leave
o Allows a spouse, parent or “next of kin” of a member of
the United States Armed Forces an extended leave of 26
weeks to participate in any qualifying exigency or to care
for their family member. A “qualifying exigency” includes:
• Time needed to arrange for childcare after spouse is
deployed
• Time to attend pre-deployment briefings
• Time to see off and/or welcome home a qualified
family member
• Military Family Counseling sessions
8. FMLA - Employee’s duty to give
prior notice
o The Act requires the employee to give thirty days notice
to the employer before the leave begins, if possible.
o Otherwise, the employee must notify the employer as
soon as is “practical”.
• The Final Rule states that ordinarily this means at least oral
notification within one or two working days of when the
employee learns of the need for the leave.
9. FMLA
o The Act further provides that in cases of leaves based
upon the employee’s or family member’s serious health
condition involving foreseeable, planned medical
treatment, the employee must make a reasonable effort
to schedule treatment so as not to “disrupt unduly” the
employer’s operations.
o Significantly, employees do not need to mention the need
for FMLA specifically by name, rather the employer is
obligated to determine if the leave requested is FMLA
qualifying by the appropriate inquiry.
10. FMLA Posted Notice
o Covered employers must post in a conspicuous place a notice
summarizing pertinent FMLA rights, including information on
filing a charge.
o The notice must be posted if an employer is covered even if at
that particular worksite there are no eligible employees.
o An employer that fails to properly post the notice cannot take
adverse action against an employee who fails to give proper
advance notice of a need for FMLA leave.
11. FMLA Written Notice
o Employers must provide employees requesting FMLA
leave with the appropriate written notice.
o This written notice must be provided within two business
days of the associate’s notice of needed leave.
o For intermittent or reduced scheduled leaves, only one
notice is required and is given at the onset of leave.
Notice of Recertification is to be given every 6 months
thereafter.
12. FMLA
o If leave has already begun, the notice should be mailed
to the employee.
o If circumstances of the leave change within a six month
period, the employee must notify the employer of any
changes.
13. American with Disabilities Act – ADA
o The Americans with Disabilities Act of 1990 was signed into law on July
26, 1990, and is one of the most important and far reaching pieces of legislation
since Title VII of the 1964 Civil Rights Act.
o The ADA protects disabled individuals from discrimination in employment, public
services and transportation, public accommodations and telecommunications.
o The ADA defines a disability as a physical or mental impairment that substantially
limits one or more major life activities, a record of such impairment or being
regarded as having such impairment.
o On January 9, 2009 an amendment was signed into law to expand the scope of
“Major Life Activities” covered by the act and to include conditions that are episodic
or in remission.
14. Occurrence
o Any unscheduled or unapproved absence from work.
o Full Time Associates discussed and documents at 2,4,and 6
times in a floating 12 month period.
• subject to termination at 7 occurrences in floating 12 month
period.
o Part Time Associates counseled on the second and third
occurrence and receive final warning on the fourth occurrence.
• subject to termination at 5 occurrences in floating 12 month
period.
15. Tardiness
o Arriving at the workstation after the scheduled starting time or
leaving work before scheduled time off unless directed by
manager/supervisor.
o Full Time Associates are discussed and documented at
3, 6, and 9 times in floating 12 month period.
• Subject to termination at 12 in a floating 12 month period.
o Part Time Associates counseled at 2, 4, and 6 times in a
floating 12 month period.
• Subject to termination at 8 in a floating 12 month period.
