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FMLA

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1. When can an employee take FMLA?

It is the policy of the Employer to provide eligible employees with an unpaid family and medical leave of absence from work in the following circumstances:

- The birth of a child and in order to care for such a child
- An adoption of a child or to care for a foster child
- To care for a child, spouse, or parent who has a serious health condition
- Because of the employee's own serious health condition that renders the employee unable to perform the essential functions of his or her position
- Qualifying exigencies for eligible family of the National Guard or Reserves
- Special Military family leave for qualified service members

2. What is the Family and Medical Leave Act (FMLA)?

FMLA is a federal law that entitles employees to 12 weeks of unpaid leave. This time can be used, over the course of 12 months (the County defines the 12 months as the calendar year), to care for a newborn, a newly adopted child, a seriously ill family member, an employee's own health conditions, in situations of qualifying exigency to be with an employee's spouse, parent or child if they are an active service member or have an impending call to active duty in support of contingency operation, or for the care of an injured service member if the service member is the employee's spouse, child, parent or "next to kin".

3. How do I know if I'm eligible for FMLA?

The employer must have at least 50 employees (for 20 work weeks per year) that work within 75 miles of the employee's work site and the employee must have worked for their employer for at least 12 months and the employee must have worked at least 1,250 hours during the last 12 months.

4. How much leave is an employee entitled to under FMLA?

An employee who is eligible for FMLA is entitled to a minimum of 12 weeks of leave per calendar year. If taking leave to care for an injured service member an employee is eligible for a one time allotment of 26 weeks in a single 12 month period.

5. The employee's doctor is requesting that she take time off before the birth of her child. Can the employee do this?

Yes. FMLA covers any pregnancy-related leave that is medically necessary.

6. Will an employee be paid for hours protected under FMLA?

The FMLA does not require you to be paid during your leave, but it is the County's (employer)option that we require you to user ALL accrued leave before unpaid leave is allowed.

7. Can an employee take a few hours every week to take a family member to a medical appointment?

Yes. Family leave may be taken intermittently when medically necessary. An employee may take leave in blocks of time such as an hour, a half-day, a day, a week, four weeks or 12 weeks - to care for a family member.

8. How is "family" defined under FMLA?

"Family members" are:

- the employee's parent the employee's child, including adult children who are incapable of caring for themselves
- the employee's spouse when he or she has a serious medical condition
- the employee's "next of kin" but only in situations of caring for an injured service member

9. An employee's mother-in-law or sibling has serious medical conditions. Can the employee request protection under FMLA?

No. Employees have the right to take leave only to care for someone who is a biological or adoptive parent. An employee can also take leave to care for an individual who acted as his or her parent during the employee's childhood.

10. Does an employee need to prove that he or she or a family member has a serious health condition?

The County may require that the need for leave for a serious health condition of the employee or the employee's immediate family member be supported by a certification issued by a health care provider. The employer must allow the employee at least 15 calendar days to obtain the medical certification.

11. Will an employee who takes 12 weeks for his or her own personal medical condition be entitled to another 12 weeks to take care of a family member?

No. Under FMLA employees are entitled to a total of 12 weeks of FMLA leave in a calendar year.

12. What if an employee is required to take more than 12 weeks off?

Under FMLA after 12 weeks has been taken in calendar year, the employer is not required to reinstate the employee.

13. What will the health care provider be asked to include on the medical-certification form?

The certification form must include the reason for leave, a specific date for leave to begin, a specific date for leave to end and doctor's signature.

14. What will happen if an employee's doctor does not submit a completed medical-certification form?

The employee will not be protected by FMLA, and leave will not be approved. Disciplinary action may be taken for unapproved leave or job abandonment.

15. Does an employee need to prove that they are eligible for a qualifying exengincy leave?

Yes. The employee will be required to provide orders showing that the family member is working in support of Department of Defense designated Qualifying Exengincy.

16. Will an employee have insurance while on leave?

The employers must continue to pay for the employee's health-insurance coverage as it normally would. If an employee contributes to the health-insurance plan he or she is required to continue making payments while on leave.

17. Can my employer stop making insurance payments?

Yes. If an employee does not return to work after 12 weeks or if an employee tells the employer that he or she does not intend to return to work, the employer can stop making insurance payments. If an employee does not return from leave, the employer may require the employee to pay back the money paid to maintain the employee's health insurance during leave.

18. Will an employee have the same job when he or she returns from FMLA leave?

The employer must reinstate an employee to the position held before leave began or must provide a position that has the same benefits, pay, working conditions and seniority.

19. Will an employee's seniority be affected if he or she takes FMLA leave?

No. When the employee returns from leave he or she is entitled to the same seniority he or she had before the leave. Employee's are not entitled to earn seniority during their leave.