FMLA

							      FMLA
Family and Medical Leave Act of
            1993
             What Is FMLA?
   FMLA is twelve (12) weeks of job
    protected leave during a twelve month
    rolling period for any of the following
    conditions:
     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
    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
          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
            Intermittent FMLA
   Intermittent leave is also allowed under
    FMLA, with the same requirements for
    medical certification and leave usage
           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
    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.
            Amendment to FMLA
           Armed 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
         Returning from FMLA
   Employees returning from FMLA must be
    returned to their former position, or an
    equivalent position with equivalent
    benefits.
                 Questions
   If you have any questions regarding the
    Family and Medical Leave Act or LCTCS
    leave policies, please contact your Human
    Resources representatives.