Human Resources

Family Medical Leave Act (FMLA)

Notice to Employees of Rights Under FMLA

The Family and Medical Leave Act (FMLA) is intended to balance the demands of the workplace with the needs of families. Based on inquiries from employees, there seems to be some basic misunderstandings of how FMLA works. Here are some highlights to help:

Eligibility

  • Must have completed 52 cumulative weeks of State service (doesn't need to be consecutive) AND
  • Must have worked a minimum of 1250 hours during the 52 weeks immediately prior to the leave.

Categories of FMLA Leave

  • For incapacity due to pregnancy, prenatal medical care or child birth;
  • To care for the employee's child after birth, or placement for adoption or foster care;
  • For a serious health condition that makes the employee unable to perform the functions of the job;
  • To care for an employee's spouse, parent, son or daughter with a serious health condition.
  • Military Family Leave Entitlements, see the Employee Notice above and the DOL Guide to Military FMLA.

Benefit

  • Up to 12 weeks of leave per calendar year.
  • Leave is unpaid or paid if charged to appropriate leave credits at employees option.
  • FMLA may run concurred with leave charged to accruals or worker's comp. leave.
  • If leave is unpaid, health insurance can continue at the same premium as it was when you were on the payroll.
  • Upon return from FMLA leave, employees must be restored to their original or equivalent position.

Designation

  • Employee may request FMLA leave.
  • An absence due to reasons stated above may be designated as FMLA leave by employer if not requested by employee.
  • Medical certification may be required.

Employees and/or supervisors should notify Human Resources when an absence falling under one of the categories above is expected to be more than three days regardless of whether accruals will be charged or not. Prompt notification is essential so that we may notify employees of their status.