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1. Who is eligible for Family and Medical Leave (FMLA)?

To be eligible for FMLA, an employee must have been employed for at least 12 months and worked for at least 1,250 hours during the preceding 12 months.

2. How much leave is an eligible employee entitled to?

An eligible employee is entitled to twelve workweeks of leave within a 12-month period measured forward from the date when the employee´s first request for FMLA begins. Effective January 1, 2002, a husband and wife both employed by the city are each permitted to take twelve workweeks of FMLA leave.

3. For what reasons are eligible employees entitled to family and medical leave?

Eligible employees are eligible for family and medical leave for the following reasons:

• The birth of a child of the employee and/or the need to care or bond with newborn (limited to 12 months after birth)
• The placement of a child for adoption or foster care (limited to 12 months after placement)
• The employee is needed to take care of a child (son or daughter under the age of 18 or over age 18 if incapable of self care because of mental or physical disability), spouse or parent with a serious health condition
• The employee´s own serious health condition which makes the employee unable to perform his or her job

4. What types of conditions are considered serious health conditions?

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves:

• Any period of incapacity or treatment in connection with inpatient care in a hospital, hospice, or residential medical care facility
• Any period of incapacity requiring absence from work, school or other regular daily activity of more than 3 calendar days, that also involves continuing treatment by a health care provider
• Continuing care by a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days; or for prenatal care

5. Is family or medical leave, under the FMLA, paid or unpaid?

FMLA Leave is not a paid leave. If an employee wishes to be paid while out of work on FMLA, the employee may choose to substitute accrued paid sick leave for unpaid FMLA. Employees may also choose to substitute paid vacation and/or holiday leave for unpaid FMLA, if your supervisor approves the usage of vacation and/or holiday. The leave time will be charged against both paid leave and unpaid FMLA.

Note: Employees will not accrue paid leave during any period of unpaid FMLA leave. When an employee is on an unpaid FMLA Leave, or on a paid FMLA which he/she is receiving less than full compensation from the city, the employee is not rendering service which is creditable in the Retirement System.

6. Can the employee exhaust all sick, vacation and holiday leave prior to starting FMLA Leave?

No. FMLA must start as soon as a qualifying event is identified (serious health condition or birth of a child, etc.). If the employee wishes to be paid, he/she may choose to use accrued leave as well, and both the FMLA and the accrued leave will be charged against the employee´s leave balances.

Note: The decision to use FMLA is not the decision of the employee. Family Medical Leave must begin when the employer becomes aware of a qualifying event.

7. Can Family/Medical Leave be charged even though the employee has not requested it?

Yes. As soon as the employer becomes aware of a qualifying event that will keep the employee out of work, Family/Medical Leave, (K time), should begin.