The Family and Medical Leave Act Handbook

An overview and resource handbook about the Family Medical and Leave Act (FMLA) for employers and
their HR professionals

Part 6:

Unum FMLA services and other online resources

FMLA-friendly Unum group disability and life insurance policy amendments

When Unum benefits plans overlap with your FMLA leave management efforts, we have group disability, life insurance and long term care policy amendments that can:

  • continue coverage during an FMLA leave, as long as premiums are paid;
  • maintain coverage for up to 12 weeks as required by federal law, or for the longer periods required by some state laws; and
  • reinstate coverage to the same level (if it ended during an FMLA leave) without new eligibility waiting periods, medical underwriting or new pre-existing condition exclusions.

Changes in benefit levels for your entire workforce may affect an individual employee's coverage. If you have had FMLA claims or pre-existing condition investigations, we'll need a copy of your HR Family and Medical leave policy and written documentation that an FMLA leave was approved by you.

These group insurance policy amendments are available to any size company that wants to continue coverage during approved leaves consistent with the company's written leave policies and procedures, even if they are not subject to the FMLA.

FMLA and state leave law administration

Unum's FMLA and State Leave Management Service (LMS) acts as an extension of your human resources staff by responding to employees' requests for leave on your behalf, including FMLA-required specific notices, evaluating certification/documentation, requesting recertification and providing daily and weekly leave reports for you.

Our service:

  • consistently administers leave in compliance with FMLA and state leave regulations;
  • provides integrated intake, management and reporting of FMLA and state leave; and
  • systematically tracks and reports leave.

Unum's LMS administers more than 100 state leave laws providing some level of job protection in the following categories:

  • accrued paid leave (state laws that provide some level of job protection when an employee uses company-provided accrued paid leave such as vacation, sick time, etc. for certain reasons);
  • donation (blood, organ or bone marrow);
  • emergency response (e.g., volunteer firefighter, civil air patrol, volunteer emergency duty);
  • family (bonding due to birth or adoption);
  • FMLA-like state leaves;
  • pregnancy disability leave under certain state anti-discrimination laws;
  • family military (does not include military servicemember leave such as USERRA or USERRA-like state leave laws);
  • short-term leave/casual absence;
  • public health emergency;
  • drug/alcohol rehabilitation;
  • school activities; and
  • court proceedings (as a victim and/or witness).

This service is available to businesses with 100 or more employees.

Online resources

HR®/BenefitsAnswersNow™: An additional employer compliance resource

Remember that Unum products and services may include additional resources such as HR/BenefitsAnswersNow, a web-based resource designed as a single source of answers to thousands of HR and benefits questions. It includes an HR course handbook featuring education for your HR staff and all state and federal employment laws, including recent state law changes. The site is organized in a question-and-answer format that's easy to use, even allowing employers to receive their choice of several monthly newsletters and the ability to access, modify and use hundreds of sample policies, plans and procedures.

Of note with regard specifically to the FMLA and state leave laws, this resource includes:

  • FMLA and state leave law summaries;
  • compliance checklist;
  • sample FMLA policy;
  • serious health condition guidelines;
  • certificate of health care provider form; and,
  • Q&A tools for issues from managing leave to termination issues to FMLA/ADA interactions.

If you currently don't have access to HR/BenefitsAnswersNow, contact your Unum representative for more information about which Unum products include this resource. HR/BenefitsAnswersNow is provided by CCH, a Wolters Kluwer company, one of the top information providers in the legal, tax and regulatory markets in the U.S. and Europe.

Resources available from federal government

The U.S. Department of Labor maintains an extensive online website dedicated to FMLA compliance, including:

  • the text of the law and its regulations;
  • special rules for returning reservists under USERRA;
  • a fact sheet on the major FMLA requirements;
  • an FMLA compliance guide;
  • elaws FMLA Advisor;
  • the FMLA poster required to be displayed by covered employers; and the June 2007 federal report on Family and Medical Leave Act Regulations: A Report on the Department of Labor's Request for Information.

To use this website, visit http://www.dol.gov/whd/fmla/index.htm.

HRAnswersNow® and BenefitAnswersNowTM, provided by CCH, are available with select Unum insurance offerings. Terms and availability of service are subject to change. Service provider does not provide legal advice; please consult your attorney for guidance. Services are not valid after coverage terminates. Please contact your Unum representative for details.