FMLA

1. FMLA Family and Medical Leave Act of 1993

2. What Is FMLA? • FMLA is twelve (12) weeks of job protected leave during a twelve month rolling period for any of the following conditions:

3. FMLA Qualifying Conditions • The birth of a child and/or to care for the child • Placement of a child through adoption or foster care • The care of an employee’s spouse, child, or parent who has a serious health condition • The employee’s own serious health condition which prevents the employee from performing their essential duties

4. Requirements for Use of FMLA • The employee must provide thirty (30) days advance notice when the leave is “forseeable”, unless it is medically impossible or impractical to provide such notice • The employee must provide medical certification for all FMLA requests due to a serious health condition of the employee or a covered family member • This medical certification must be returned to Human Resources within 15 calendar days of notice to use leave

5. FMLA Leave Usage • LCTCS Board of Supervisors requires that employees use available paid leave prior to using FMLA leave without pay • Paid leave time, as well as any unpaid leave used for any qualifying condition, will count toward the twelve weeks of FMLA leave

6. Intermittent FMLA • Intermittent leave is also allowed under FMLA, with the same requirements for medical certification and leave usage

7. FMLA Requirements – Appointing Authority • The appointing authority and/or their designated representatives may declare any leave taken after 3 days of absence for a serious health condition where the employee has been under the care of a healthcare provider to be FMLA leave • Any employee who has been on FMLA leave and/or absent from work due to illness for 5 or more consecutive days, MUST present a “Physician’s Release to Return to Work” prior to being allowed to resume their job duties

8. Insurance Premium Payments • Employees who have their health coverage with the state and are on FMLA leave without pay will have the employer portion of their premium paid by the agency. • It is the employee’s responsibility to work with human resources to arrange for payment of the employee portion of health care premiums, and any other benefit premiums for which continued coverage is desired.

9. Amendment to FMLAArmed Forces Personnel(Effective 1/30/2008) • The Family and Medical Leave Act will now permit a “spouse, son, daughter, parent or next of kin” to take up to 26 workweeks of leave to care for a member of the Armed Forces who is undergoing medical treatment, recuperation or therapy, or is otherwise in outpatient status or on temporary disability retirement for a serious injury or illness • When an employee’s spouse, son, daughter or parent has been notified of a call to active duty, and because of the family member’s call to duty the employee is needed to care for family members, or to attend to the needs of the military member that cannot be addressed due to the military member’s absence, FMLA leave is also permitted for up to 12 weeks

10. Returning from FMLA • Employees returning from FMLA must be returned to their former position, or an equivalent position with equivalent benefits.

11. Questions • If you have any questions regarding the Family and Medical Leave Act or LCTCS leave policies, please contact your Human Resources representatives.