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Family Medical Leave Act

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with job-protected leave for qualifying family and medical reasons. The U.S. Department of Labor’s Wage and Hour Division (WHD) enforces the FMLA for most employees.

Eligibility

Employees are eligible if they have worked for at least one year, and for 1250 hours over the previous twelve (12) months.

Overview of the Program

Eligible employees can take up to 12 work weeks of FMLA leave in a calendar year for:

• The birth, adoption or foster placement of a child with you,
• Your serious mental or physical health condition that makes you unable to work,
• To care for your spouse, child or parent with a serious mental or physical health condition, and
• Certain qualifying reasons related to the foreign deployment of your spouse, child or parent who is a military servicemember.

An eligible employee who is the spouse, child, parent or next of kin of a covered servicemember with a serious injury or illness may take up to 26 workweeks of FMLA leave in a single 12-month period to care for the servicemember.

You have the right to use FMLA leave in one block of time. When it is medically necessary or otherwise permitted, you may take FMLA leave intermittently in separate blocks of time, or on a reduced schedule by working less hours each day or week.

FMLA may be used in combination with all other paid and unpaid childcare leave benefits.

FMLA leave is not paid leave, but you may choose, or be required by your employer, to use any employer-provided paid leave if your employer’s paid leave policy covers the reason for which you need FMLA leave.

How do I request FMLA leave?

Generally, to request FMLA leave you must:

• Fill out the Family Medical Leave Act Health Care Provider Certificate form and send to HR (see forms below),
• Give notice at least 30 days before your need for FMLA leave, or
• If advance notice is not possible, give notice as soon as possible

You do not have to share a medical diagnosis but must provide enough information to your employer so they can determine whether the leave qualifies for FMLA protection. You must also inform your employer if FMLA leave was previously taken or approved for the same reason when requesting additional leave.

Your employer will request certification from a health care provider to verify medical leave. The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights.

Forms

• Leave Request Form
• Family Medical Leave Act Health Care Provider Certificate - For Employee Leave
• Family Medical Leave Act Health Care Provider Certificate - For Family Member Leave

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