Family and Medical Leave

Each employee is entitled to 12 weeks in a 12-month period.

When Human Resources is notified of your leave, a member of the benefits team will mail you a leave of absence packet. The packet will inform you of your status (i.e. paid, unpaid, workers’ compensation, FMLA).

Any forms that include medical information must be submitted only to Human Resources. The employee’s department should not maintain statements with the employee’s medical information.

It is always the employee’s responsibility to notify their supervisor when they will be away from work. Please follow your department guidelines and protocol for notification requirements.

When planning medical treatment, the employee must consult with the employer and make a reasonable effort to schedule the treatment so as not to unduly disrupt the employer’s operations, subject to the approval of the healthcare provider.

Employees will be paid during an absence only if Major Medical and/or Personal Leave is used. If an employee has no accrued leave or donated hours, then time off work will be unpaid.

Major Medical Leave may only be used for the period of time that is certified as medical by the attending licensed medical care provider.

Employees may use FMLA when a child is first placed with the employee for adoption or foster care to bond with the child. The leave entitlement ends at the end of the 12-month period beginning on the date of the placement. 

Leave may be used before placement or adoption of a child when the employee is required to:

• Attend counseling sessions
• Appear in court
• Consult with an attorney or doctor(s) representing the birth parent
• Submit to a physical examination
• Travel to another country to complete an adoption.

Yes. Foster care, for FMLA purposes, is 24-hour care for children in substitution for, and away from, their parents or guardians. Children are placed in foster care by or with the agreement of the State, and foster care involves an agreement between the State and the foster family that the foster family will take care of the child.

Although foster care may be with relatives of the child, State action is involved in the removal of the child from parental custody. Neither a minimum period for the foster care placement nor a permanent placement is required for the employee to qualify for FMLA leave for the placement.

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

• Inpatient care in a hospital, hospice or residential medical facility, including any period of incapacity or subsequent treatment
• A period of incapacity of more than three consecutive days that also includes treatment two or more times by a healthcare provider or such treatment on at least one occasion resulting in a regimen of continuing treatment
• Incapacity due to pregnancy or for prenatal care 
• Chronic conditions
• Permanent long-term conditions
• Multiple treatment for restorative surgery after an accident or injury, or multiple treatments for a condition that would likely result in a period of incapacity of more than three consecutive days in the absence of medical intervention or treatment (such as chemotherapy for cancer or dialysis for kidney disease). 

Ordinarily, unless complications arise, the common cold, the flu, earaches, upset stomachs, minor ulcers, headaches other than migraines, routine dental or orthodontic problems, periodontal disease, etc., do not meet the definition of a serious health condition and do not qualify for FMLA. 

A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest; drinking fluids; exercise; and other similar activities that can be initiated without a visit to a healthcare provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for the purposes of FMLA.