The Family Medical Leave Act (FMLA) entitles eligible employees to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons, or for any "qualifying exigency" arising out of the fact that a covered military member is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation. The FMLA also allows eligible employees to take up to 26 workweeks of job-protected leave in a "single 12-month period" to care for a covered service member with a serious injury or illness. An employee must use applicable accrued annual and sick leave credits to minimize the length of unpaid FMLA leave.
To be eligible for FMLA benefits, an employee must: have worked for the City for a total of 12 months; and have worked at least 1,250 hours over the previous 12 months.
The employee may be granted up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
for the birth and care of a newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for a spouse, son, daughter, or parent with a serious health condition;
to take medical leave when the employee is unable to work because of a serious health condition; or
for qualifying exigencies arising out of the fact that the employee's spouse, son, daughter, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation.
An eligible employee who is a spouse, son, daughter, parent, or next of kin of a current member of the Armed Forces, including a member of the National Guard or Reserves, with a serious injury or illness may also qualify for up to a total of 26 workweeks of unpaid leave during a "single 12-month period" to care for the service member.
Under some circumstances, employees may take FMLA leave intermittently – taking leave in separate blocks of time for a single qualifying reason – or on a reduced leave schedule – reducing the employee's usual weekly or daily work schedule.
Approved FMLA provides the employee with continuation of group health insurance coverage while on FMLA leave and provides job restoration at the conclusion of FMLA leave.
Employees are required to provide 30-day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable. If leave is foreseeable less than 30 days in advance, the employee must provide notice as soon as practicable – generally, either the same or next business day. When the need for leave is not foreseeable, the employee must provide notice to the employer as soon as practicable under the facts and circumstances of the particular case. Employees must submit an FMLA application and medical certification to the Civil Service Department to apply for FMLA leave.
For more information about FMLA, please contact Civil Service at 865-215-2106.