FAMILY AND MEDICAL LEAVE ACT (FMLA)
The FMLA is hereby incorporated into the collective bargaining agreement and County personnel policy by reference. In the event benefits provided by FMLA conflict with benefits provided by the collective bargaining agreement or County personnel policy, the provisions which provide the greatest benefit to the employee shall be honored.
Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:
• Incapacity due to pregnancy, prenatal medical care or child birth;
• Care for the employee’s child after birth, placement for adoption or
• Care for the employee’s spouse, son or daughter, or parent, who has a
serious health condition; or
• The serious health condition that makes the employee unable to
perform the employee’s job.
Eligibility Requirements -
Employees are eligible if they have worked for at least one year, for 1,250 hours over the previous 12 months.
Use of Personal/Vacation Time While on FMLA or Disability Leave
- Employees will be required to exhaust accumulated personal and vacation time prior to going without pay.
- However, the employee may reserve up to twenty-eight (28) hours of personal time and up to forty (40) hours of vacation time by signing the approved Personal and Vacation Time Allocation form at the time of application.
- Personal and Vacation Time Allocation
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.
1. Requirement of Notice - In any case in which the necessity for leave is foreseeable based on an expected birth or placement, the employee shall provide the employer with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to take leave, except that if the date of the birth or placement requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.
2. Duties of Employee - In any case in which the necessity for leave under Family and Medical Leave is foreseeable based on planned medical treatment, the employee:
a. shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the employee or the health care provider of the son, daughter, spouse, or parent of the employee, as appropriate; and
b. shall provide the employer with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subparagraph, except that if the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.
Certification has to be completed by the patient's attending physician.
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. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period.
A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.
For additional information, contact the Department of Labor.
Source: Department of Labor