Family and Medical Leave (FMLA)
Welcome
We all have times when we need to put ourselves or our family responsibilities first. If you need to take time off from work to care for a family member who needs your help or because of a serious health condition of your own, then you may be eligible to take Family and Medical Leave (FMLA). FMLA can provide a respite from work obligations so you can focus on what you and your family need.
This site covers how FMLA works, eligibility requirements, how to arrange for leave, what happens to benefits during a leave, and how to transition back to work.
Family & Medical Leave
KEY DEADLINES
Before your Leave
- As soon as you know you want to take leave, let your supervisor and Human Resources know so they can provide information on your eligibility and options. HR: HR@usarecycle.com
- Decide your plan on continuing or disenrolling from benefits. To continue benefits while you are on leave and not actively working, make pay arrangements with Human Resources. HR: HR@usarecycle.com
- Decide to continue or suspend payments on any outstanding 401(k) loan or repay the loan in full. Please make pay arrangements with Human Resources. HR: HR@usarecycle.com
During your Leave
- Provide any changes or updates to your leave status to Human Resources as soon as possible. HR: HR@usarecycle.com
- If you are disenrolled from benefits or have suspended payments on any 401(k) loan, contact Human Resources to reinstate benefits and payments before returning to work. HR: HR@usarecycle.com
Returning to Work
When you return from Family and Medical Leave, you have the right to return to the same or an equivalent position if you return to work right after the leave ends.
- Notify Human Resources when you are ready to return to work. HR@usarecycle.com
- If you are returning to work from a Medical Leave for yourself, you must supply Human Resources with a medical note clearing you to return to work within 7 days of your return date. Human Resources will work with you to coordinate a return to duty exam. This exam must be completed before returning to work. The return-to-duty exam involves our third-party partner, 1Source, who will provide a medical professional to contact you within 24 hours of notification to ensure you can meet the physical demands of your position’s essential function.
- 1Source will notify the company of the results of your return to duty exam within 72 hours of the exam. Human Resources will contact you with the results and release you to return to work.
You will begin to accrue sick leave and vacation time when you return to work.
If you do not return from your Leave
- You will receive information in the mail to your home address and electronically through your documents on Paychex Flex on how to apply to make your supplemental life insurance and/or dependent life insurance portable if you wish to. You have 30 days from the date of separation to apply to convert the supplement life into an individual plan.
- You will receive information within 45 days in the mail from our COBRA third-party administrator, VOYA, on how to apply for COBRA continuation of your enrolled medical, dental, and vision insurance plans if you wish to. You have 60 days from receiving a Notice of a COBRA qualifying event to apply for COBRA continuation.
Repayment of Health Insurance
- If you are on an approved Family and Medical Leave of Absence and do not return to work, you could be liable for the health plan premiums (medical, dental, and/or vision) the company paid during any unpaid leave portion.
- If you don’t return to work, you (and/or eligible family members) may have the option to continue medical, dental, vision, and health flexible spending account benefits under COBRA.
- The federal COBRA period runs for 18 months. You may also want to explore your options through the health insurance marketplace established under the Affordable Care Act.
- You must apply no later than 60 days from the date you lose coverage due to a qualifying event or 60 days from the date you received notice of your continuation rights, whichever is later.
Converting or Porting to an Individual Policy
- For certain plans – accident, critical illness, supplemental life, disability, and AD&D insurance – you may be able to convert to an individual policy.
- You must apply to convert or port no later than 30 days after your company-sponsored coverage ends.
How Family and Medical Leave Works
Family and Medical Leave (FMLA) can be complicated, with state and federal laws variations. For full details, consult with Human Resources. HR: HR@usarecycle.com
Eligibility
In general, to be eligible for FMLA, one needs to have been employed and actively working with the company for three (3) or more months.
If you meet the eligibility requirements, you may take FMLA for any of the following reasons:
- Your own serious health condition;
- To care for a family member (spouse, domestic partner, child, parent, parent-in-law, grandparent, sibling, or a person with whom you have an affinity relationship) who has a serious health condition;
- Pregnancy and childbirth;
- To bond with your newborn, adopted child, or foster child, take care of responsibilities related to the birth, adoption, or placement of your new child (sometimes referred to as Parental Bonding leave);
- To address qualifying exigencies such as legal, financial, or other matters that result from the active duty (or call to active duty) of your spouse, domestic partner, child, parent, or parent-in-law who is a military member (sometimes referred to as Qualifying Exigency Leave);
- To care for a family member – spouse, domestic partner, child, parent, or next of kin – who is a covered service member with a serious injury or illness incurred or aggravated in the line of active duty (sometimes referred to as Military Caregiver Leave).
Please note that the eligibility requirements above do not apply if you need FMLA for disability due to pregnancy, childbirth, or a related condition.
How FMLA Works
If you are eligible for FMLA, you may take up to 12 work weeks of leave per calendar year (January - December) in three (3) ways: continuous, intermittent, or reduced. There are also a few situations when you may be eligible for more than 12 weeks of FMLA:
- If you are taking FMLA for pregnancy, you may be eligible for additional time due to medical complications before or after birth. Human Resources can provide specifics related to your situation. HR: HR@usarecycle.com
- If you are taking FMLA as a Military Caregiver, you may be eligible for additional time. Human Resources can provide specifics related to your situation. HR: HR@usarecycle.com
Continuous: when an employee takes consecutive days/weeks of leave. (Example: 6 weeks of leave to recover from a knee operation). Intermittent: when an employee takes leave in smaller segments of time (Example: 1 hour or 1 day at a time for a medical appointment or treatment).
Reduced: Another type of leave that allows an employee to reduce their scheduled hours (Example: An employee works 6 hours per day versus the scheduled 8 to attend treatment for a designated time period).
Pay during Family and Medical Leave
CT Employees
If you work in Connecticut, you may be eligible for CT State Paid Leave (CT PFL). This is a wage replacement insurance paid through payroll tax deductions. You may be eligible after employment for at least three (3) months (13 consecutive weeks). The state does not pay the first week of leave, but you may supplement it with your accrued paid time off (vacation and/or sick time) or remain unpaid. You MUST apply through the state to receive these benefits. Please apply through www.ctpaidleave.org.
While Human Resources does not administer this program, they are available to help guide you.
Human Resources can provide specifics related to your situation. HR: HR@usarecycle.com
MA Employees
If you work in Massachusetts, you may be eligible for MA State Paid Leave (MA PFML). This is a program to help take paid time off work for family or medical reasons funded through payroll tax deductions. You may be eligible based on the last four (4) quarters you worked in and were paid. The state does not pay the first week of leave, but you may supplement it with your accrued paid time off (vacation and/or sick time) or remain unpaid. You MUST apply through the state to receive these benefits. Please apply through www.mass.gov/topics/paid-family-and-medical-leave-in-massachusetts.
While Human Resources does not administer this program, they are available to help guide you.
Human Resources can provide specifics related to your situation. HR: HR@usarecycle.com
EE's Enrolled in short-term disability
If you enrolled in Short-Term Disability Insurance (STD) through the company’s benefit offerings, you may be eligible for wage replacement. STD requires employees to apply for state-paid leave before applying for STD benefits. STD may replace wages up to 26 weeks of personal medical leave. STD does not apply to family-related leave of absence.
Documents
It is important to know that paid leave does not provide job protection. Job-protected leaves of absence only applies to approved requests for Family and Medical Leave of Absence (FMLA). Human Resources can provide specifics related to your situation. HR: HR@usarecycle.com
Continuing Your Benefits
Make arrangements to continue coverage
You will need to pay your portion of premiums for any benefits you choose to continue while you’re on leave and not being paid by the company. It would be best if you made these arrangements as soon as you know you will be out on leave. The company may cancel your benefits if your benefit premium portions remain unpaid or without a payment agreement for 30 or more days. You may pay your benefit premiums with accrued sick and/or vacation time. Human Resources can provide specifics related to your situation. HR: HR@usarecycle.com
Enrolling newly eligible family members
If you’re taking leave because you are adding a new child to your family, you have 30 days after the birth to add your child to your benefits.
For adopted children, the 30-day period of initial eligibility starts on the date you take physical custody of the child or the day you have the legal right to control the child’s healthcare, whichever is earlier.
If a family member loses eligibility for benefits during your leave, you are responsible for disenrolling that person through the Paychex Flex benefits portal.
Human Resources can provide specifics related to your situation. HR: HR@usarecycle.com
Let the company know your current address
Please inform us of any changes to your address. You can update through Paychex Flex or contact Human Resources at HR@usarecycle.com.
How Family and Medical Leave Affects Your 401(k) and Profit Sharing
Contributions to your 401(k) stop when you no longer receive a paycheck from the company.
When you return from leave and receive a paycheck from the company, your contributions will start up automatically.
If you have a 401(k) loan when you go on leave, you may make payments weekly, pay it in one lump sum, pay off the loan, or suspend loan repayments during your leave of absence.
Human Resources can provide specifics related to your situation. HR: HR@usarecycle.com
If you do not return from your Leave
- You will receive information in the mail to your home address and electronically through your documents on Paychex Flex on how to apply to make your supplemental life insurance and/or dependent life insurance portable if you wish to. You have 30 days from the date of separation to apply to convert the supplement life into an individual plan.
- You will receive information within 45 days in the mail from our COBRA third-party administrator, VOYA, on how to apply for COBRA continuation of your enrolled medical, dental, and vision insurance plans if you wish to. You have 60 days from receiving a Notice of a COBRA qualifying event to apply for COBRA continuation.
Repayment of Health Insurance
- If you are on an approved Family and Medical Leave of Absence and do not return to work, you could be liable for the health plan premiums (medical, dental, and/or vision) the company paid during any unpaid leave portion.
- If you don’t return to work, you (and/or eligible family members) may have the option to continue medical, dental, vision, and health flexible spending account benefits under COBRA.
- The federal COBRA period runs for 18 months. You may also want to explore your options through the health insurance marketplace established under the Affordable Care Act.
- You must apply no later than 60 days from the date you lose coverage due to a qualifying event or 60 days from the date you received notice of your continuation rights, whichever is later.
Converting or Porting to an Individual Policy
- For certain plans – accident, critical illness, supplemental life, disability, and AD&D insurance – you may be able to convert to an individual policy.
- You must apply to convert or port no later than 30 days after your company-sponsored coverage ends.
Family and Medical Leave of Absence FAQs
I need to go out on leave; what do I do?
Contact your supervisor and/or Human Resources at HR@usarecycle.com. Human Resources will supply you with the necessary paperwork and instructions to go on leave.
What do I need to return to Human Resources for approval of my leave?
The medical certification for a serious health condition must be completed by your or your family member’s medical provider. The completed form can be emailed to HR@usarecycle.com or faxed to 860-632-3737.
How do I get paid while I am out?
You have many options depending on the state you work in or the benefits you have enrolled in. Please see How Family and Medical Leave Works for specific details.
What happens to my enrollment benefits (medical, dental, vision, etc.) while I am out?
You are expected to pay for your portion of the healthcare benefits while out on leave. Please see Continuing your Benefits for specific details.
What do I need to do to come back to work?
To return to work from family leave, please notify Human Resources when you can return. To return to work from medical leave, you will need a medical note dated within 7 days of your return-to-work date. Once received, Human Resources will begin the return to duty process. Please see Returning to Work for specific details.
What is a Return to Duty test?
A return to duty test involves a third-party medical provider (1Source) contacting you to ensure you can meet the physical demands of your position’s essential functions. Please see Returning to Work for specific details.
How long is the Return to Duty process?
Our third-party medical provider (1Source) will contact you within 24 hours of receiving the return-to-duty medical note and supply the company with the exam results within 72 hours. Please see Returning to Work for specific details.
How do I contact Human Resources?
Email is the most efficient way to contact Human Resources, HR@usarecycle.com. Alternatively, you may call (800) 998-2984 and ask to be connected to a Human Resources Team member.
