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FMLA - Family & Medical Leave Act

Background

The federal Family and Medical Leave Act (FMLA) became effective in 1993.  FMLA was revised in November 2008 and the updated regulations  became effective January 16, 2009.  The revised regulations issued by the United States Department of Labor clarify and modify current FMLA provisions and established two new FMLA entitlements - military caregiver leave and qualifying exigency leave.

This information is provided to assist you with your leave planning.  Individual circumstances vary and the policy must be applied within the context of the State leave policy, consistent with the attendance rules and negotiated agreements.

For additional information and guidance please contact Human Resources.

Benefits and Protections

Eligibility Requirements

Leaves

Basic Leave Entitlement

Provides up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:

Military Family Leave Entitlements

  • Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

Definition of Serious Health Condition

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities.

Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

Use of Leave

An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer's operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.

Substitution of Paid Leave for Unpaid Leave
Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer's normal paid leave policies.

Employee Responsibilities

Request Process

FMLA Request Forms

Employee's Serious Health Condition

Family Member's Serious Health Condition

Serious Injury / Illness of Covered Servicemember for Military Family Leave

Qualifying Exigency for Military Family Leave

Related Information

Confidential Medical Statement -non-work-related

Confidential Medical Statement (CSEA only) non-work-related

U.S. Department of Labor information on FMLA

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Last Updated: 8/3/12