Family & Medical Leave Act
The purpose of this policy is to outline the conditions under which an employee may request time off for up to 12 weeks during any rolling 12-month period with job protection.
What is FMLA, and who is eligible?
The Family and Medical Leave Act of 1993 requires employers to provide up
to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain
family and medical reasons. Employees are eligible if they have worked for
an employer for at least one year and for 1,250 hours over the previous
12 months.
What are the reasons to request FMLA?
Unpaid leave must be granted for any of the following reasons:
- to care for the employee's child after birth or placement for adoption or foster care;
- to care for the employee's spouse, child or parent who has a serious health condition;
- for a serious health condition that makes the employee unable to perform the employee's job.
Employees are required to use sick leave and are encouraged to use accrued
vacation to assure salary continuation for as long as possible during approved
leave. Neither vacation nor sick leave is earned during leave approved under
the Family and Medical Leave Act.
What type of notice and medical certification is necessary?
-
The employee ordinarily must provide 30 days' advance notice when the
leave is "foreseeable." Forms for requesting a leave under the Family
and Medical Leave Act are available in human resources.
- The employee needs to submit medical certification to support a request
for leave because of a serious health condition. Medical certification
must be provided to return to work.
Is the employee's job protected during the FMLA leave?
- For the duration of FMLA leave, the employer must maintain the employee's health coverage under any "group health plan" (the employee is responsible for paying the "employee portion" of premiums).
- Upon return from FMLA leave, employees must be restored to their original or equivalent positions with equivalent pay, benefits and other employment terms.
- The use of FMLA leave cannot result in the loss of any employment benefit that occurred prior to the start of an employee's leave.
Contact human resources with questions concerning the Family and Medical
Leave Act. Forms for requesting FMLA leave are available in human resources.
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