Basic Leave Entitlement
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-
protected leave to eligible employees for the following reasons:
For incapacity due to pregnancy, prenatal medical care or child birth;
To care for the employee’s child after birth, or placement for adoption or
foster care;
To care for the employee’s spouse, son, daughter, or parent who has a
serious health condition; or
For a serious health condition that makes the employee unable to
perform the employee’s job.
EdCC uses a “forward rolling year” method of calculating the 12 workweeks.
You may take your leave in several blocks of time, on an intermittent basis or as
a reduced work schedule, if determined to be medically necessary by your
attending health care provider.
Under State leave rules a mother may be eligible for FML during the pregnancy
(and before delivery), based on her own medical need. The birth of the baby is
then considered a separate FML qualifying event allowing for up to 12 weeks
off to care/bond with newborn.
Military Family Leave Entitlements
Eligible employees with a spouse, son, daughter, or parent on active duty or call
to active duty status in the National Guard or Reserves in support of a
contingency operation may use their 12 week leave entitlement to address
certain military events, arranging for alternative childcare, addressing certain
financial and legal arrangements, attending certain counseling sessions, and
attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees
to take up to 26 weeks of leave to care for a covered service member/veteran
during a single 12 month period. A covered service member/veteran is a
current member of the Armed Forces, including a member of the National
Guard or Reserves, has a serious injury or illness hat occurred in the line of duty
on active duty that may render the service member/veteran medically unfit to
perform his or her duties for which the service member/veteran is undergoing
medical treatment, recuperation, or therapy; or is in outpatient status; or is on
the temporary disability retired list.
Benefits and Protections
During FMLA leave, the employer must maintain the employee’s health
coverage under any “group health plan” on the same terms as if the employee
had continued to work. Failure to pay the employee portion of the premiums
within 30 days of the due date could result in cancellation of coverage. Upon
return from FMLA leave, most employees must be restored to their original or
equivalent positions with equivalent pay, benefits, and other employment
terms. Use of FMLA leave cannot result in the loss of any employment benefit
that accrued prior to the start of an employee’s leave.
Eligibility Requirements
Employees are eligible if they have worked for a covered employer for at least
one year, for 1,250 hours over the previous 12 months, and if at least 50
employees are employed by the employer within 75 miles.
Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental
condition that involves either an overnight stay in a medical care facility, or
continuing treatment by a health care provider for a condition that either
prevents the employee from performing the functions of the employee’s job, or
prevents the qualified family member from participating in school or other daily
activities.
Subject to certain conditions, the continuing treatment requirement may be
met by a period of incapacity of more than 3 consecutive calendar days
combined with a least two visits to a health care provider or one visit and a
regimen of continuing treatment, or incapacity due to pregnancy, or incapacity
due to a chronic condition. Other conditions may meet the definition of
continuing treatment.
Use of Leave
An employee does not need to use this leave entitlement in one block. Leave
can be taken intermittently or on a reduced leave scheduled when medically
necessary.
Employees must make reasonable efforts to schedule leave for planned medical
treatment so as not to unduly disrupt the employer’s operations. Leave due to
qualifying exigencies may also be taken on an intermittent basis.
Substitution of Paid Leave for Unpaid Leave
Employees may choose or employers may require use of accrued paid leave
while taking FMLA leave. In order to use paid leave for FMLA leave, employees
must comply with the employer’s normal paid leave policies.
Employee Responsibilities
Employees must provide 30 days in 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 an employer’s 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. Sufficient information may include that the employee is
unable to perform job functions, the family member is unable to perform daily
activities, the need for hospitalization or continuing treatment by a health care
provider, or circumstances supporting the need for military family leave.
Employees also must inform the employer if the requested leave is for a reason
for which FMLA leave was previously taken or certified. Employees also may be
required to provide a certification and periodic recertification supporting the
need for leave.
Employer Responsibilities
Covered employers must inform employees requesting leave whether they are
eligible under FMLA. If they are, the notice must specify any additional
information required as well as the employees’ rights and responsibilities. If
they are not eligible, the employer must provide a reason for the ineligibility.
Covered employers must inform employees if leave will be designated as FMLA
protected and the amount of leave counted against the employee’s leave
entitlement. If the employer determines that the leave is not FMLA-protected,
the employer must notify the employee.
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
Interfere with, restrain, or deny the exercise of any right provided under
FMLA;
Discharge or discriminate against any person for opposing any practice
made unlawful by FMLA or for involvement in any proceeding under or
relating to FMLA.
Enforcement
An employee may file a complaint with the U.S. Department of Labor or may
bring a private lawsuit against the employer.
FMLA does not affect any Federal or State law prohibiting discriminating, or
supersede any State or local law or collective bargaining agreement which
provides greater family or medical leave rights.
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Employee Rights and Responsibilities
Under the Family and Medical Leave Act
In addition to the Federal Family and Medical Leave At of 1993, EdCC provides leave in
accordance with the State of Washington regulations, and EdCC leave policies. This
documentation is a summary of the aforementioned leaves and is not all inclusive. For
more detailed information, please contact your HR representative. Please note: if you
are not eligible for FML, you may still be eligible for another type of leave under the
State of Washington Leave regulations, or within EdCC leave policies or practices. HRS
will monitor your leave request and make this determination.
