The Family & Medical Leave Act (FMLA)
Job Protections in Times of Need
What is FMLA?
The Family and Medical Leave Act (FMLA) provides eligible employees with a limited amount of unpaid, job-protected leave when the employee has a qualifying event. This leave provides up to 12 work weeks of job-protected leave per a 12–month period. FMLA leave is unpaid leave. Unless you choose to use your own accrued leave during the same period as your FMLA leave, you will be in unpaid leave status. While on unpaid FMLA leave, the employee is responsible for maintaining their portion of their benefits costs (this includes medical, dental, vision, and life insurance, etc.). For any period of unpaid FMLA leave, you must make your premium payments at the beginning of each pay period or as arranged with PEHP. At the end of their FMLA leave, employees are entitled to return to their same or an equivalent job.
Who is Eligible?
To be eligible for FMLA, you must have a qualifying event, have been employed with the State for 12 months, and have worked at least 1,250 hours in the 12 months immediately before the first day of the leave requested for FMLA.
Frequently Asked Questions (FAQ)
What is FMLA?
The Family and Medical Leave Act (FMLA) provides eligible employees with a limited amount of unpaid, job-protected leave when the employee has a qualifying event.
Who is Eligible?
To be eligible for FMLA, you must have a qualifying event, have been employed with the State for 12 months, and have worked at least 1,250 hours in the 12 months immediately before the first day of the leave requested for FMLA.
What is a Qualifying Event?
Circumstances for which FMLA leave may be requested include:
Birth of a child or care for a newborn child (12 weeks maximum in a calendar year).
Placement in your home of a child for adoption or foster care (12 weeks maximum in a calendar year).
Your own serious health condition (12 weeks maximum in a calendar year).
To care for your spouse, child, or parent with a serious health condition (12 weeks maximum in a calendar year).
Qualifying exigency – leave where a spouse, son, daughter, or parent of the employee is on active or ordered to be called to military duty in the Armed Forces. (12 weeks maximum in a calendar year). Appropriate documentation is required.
Service Member Care Leave – An employee who is the spouse, son, daughter, parent, or next of kin of a covered service member or veteran. (26 weeks maximum in a 12-month period).
Do I get paid while on FMLA leave?
FMLA leave is unpaid leave. Unless you choose to use your own accrued leave during the same period as your FMLA leave, you will be in unpaid leave status.
Do I have to take FMLA leave?
You may choose to take FMLA leave, but generally, you do not have to.
Do I need my supervisor’s approval to request FMLA?
No, you do not need your supervisor’s approval to request FMLA. If you choose to notify them that you will be requesting, that is your choice. However, it is best not to disclose your medical condition with anyone other than the Human Resource office.
What about my benefits?
The state continues to pay its share of costs related to health care benefits during your period of FMLA leave. This includes, dental, and life insurance. You must continue to pay for your share of the costs for your health care benefits by contacting PEHP directly. For any period of unpaid FMLA leave, you must make your premium payments at the beginning of each pay period, or as arranged with PEHP.
Do I have to use my own leave while on FMLA leave?
You may choose to use your own accrued leave while using FMLA leave, but you are not required to do so. If you choose to use your own leave, it may, depending on the amount of leave you use, pay for your share of cost for your health care benefits and provide you with income during your period of FMLA leave. It remains your responsibility to complete your time sheet for each pay period you are leave. Time entry must be appropriately coded to reflect the type of leave used.
What if I need to be gone only part-time?
FMLA leave may be used intermittently, or on a reduced work schedule, based upon a health care provider’s certification. Intermittent leave may not be used for child birth or adoptive or foster care placement without the approval of your agency management.
What about returning to work?
As in all cases of leave, you will be required to furnish management with periodic reports of your status and your intent to return to work. You are required to notify management at least two (2) work days prior to the date you intend to return to work. You may be required to submit a “fitness for duty” certification for a serious health condition before returning to work.
What are my responsibilities?
Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with normal call-in procedures. Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Employee must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employee may also be required to provide certification and recertification supporting the need for leave.
How do I request FMLA leave?
If you have questions about or need to use FMLA, please contact your supervisor and/or the Courts HR Department.
Certification of Health Care Provider for Employee's Serious Health Condition.pdfCertification of Health Care Provider for Employee's Serious Health Condition
The Family and Medical Leave Act (FMLA) provides that an employer may require an employee seeking FMLA protections because of a need for leave due to a serious health condition to submit a medical certification issued by the employee's health care provider. Please work closely with your designated HR Generalist.
WH-380-F.pdfCertification of Health Care Provider for Family Member’s Serious Health Condition
The Family and Medical Leave Act (FMLA) provides that an employer may require an employee seeking FMLA protections because of a need for leave to care for a covered family member with a serious health condition to submit a medical certification issued by the health care provider of the covered family member. Please work closely with your designated HR Generalist.
Fitness for Duty Certification & Notice of Intent to Return to Work.pdfReturn to Work Form
Employee's health care provider, who is knowledgeable regarding the reason for using FMLA, should complete this form. This form should be submitted to employee's supervisor and designated HR Generalist on or before intended return to work date.