What is the main objective of the federal Family and Medical Leave Act FMLA )?
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons. FMLA provides eligible employees with up to 26 weeks of leave for Service Member family leave. Employees are eligible if they have worked for a covered employer for at least one year, and for at least 1,250 hours over the previous 12 months, and if the employer has at least 50 employees within 75 miles. Visit Time Off & Leaves of Absence for additional information. Reasons for Taking Leave Unpaid leave must be granted for any of the following reasons.
When applicable, appropriate kinds of paid leave must be substituted for unpaid leave. Advance Notice and Medical Certification The employee may be required to provide advance leave notice and medical certification. Taking of leave may be denied if requirements are not met.
Job Benefits and Protection
Unlawful Acts by Employers FMLA makes it unlawful for any employer to:
Enforcement
Eligible Employee All regular full-time and regular part-time employees who have at least one year of service and who have worked at least 1,250 hours over the twelve months prior to the start date of a leave. Any absence beyond three continuous days should be reviewed for FMLA eligibility. Use of Accrued Paid Leave During FMLA Medical Leave for Employee with Serious Health Condition For the available 12 weeks of leave, the employee must first utilize all available sick leave. When the sick leave is exhausted, accrued vacation leave, personal days, and compensatory time off must be utilized. When the available paid absences are exhausted, then the balance of the leave will be unpaid. Short Term Disability or Long Term Disability may be available as described in the Benefits Handbook. Leave to Care for a Family Member with a Serious Health Condition For the available 12 weeks of leave (or available 26 weeks of leave for Service Member Leave), an employee is entitled to utilize available accrued sick leave. When sick leave is exhausted, or when the employee has chosen not to use sick leave for this purpose, accrued vacation leave, personal days, and compensatory time off must be utilized. When all available paid absences are exhausted, then the balance of the leave will be unpaid. Pregnancy, Childbirth, and Care of Well Newborn Child, and Adoption or Foster Care Placement of Child (All Employees) For the first eight weeks immediately following birth or placement, accrued sick leave may be applied. For employees represented by collective bargaining agreements please refer to the leave of absence section in the appropriate contract. If sick leave is exhausted before the end of the eight-week period, accrued vacation leave, personal days, and available compensatory time off may be utilized. For the remaining four weeks available under FMLA, accrued vacation leave, personal days, and available compensatory time off must be utilized. With approved medical certification, accrued sick leave may continue to be applied if the mother or child is ill. When available paid absences are exhausted, then balance of the leave will be taken as unpaid. For Additional Information For further details, please refer to the appropriate document for your employment status:
Contact the nearest office of the federal Wage and Hour Division, listed in most telephone directories under U.S. Government, Department of Labor. |