Guidelines
It is the Departments policy to allow eligible employees to fully exercise their FMLA rights which includes entitlement to 12 weeks of leave per a "rolling" twelve-month period for the following qualifying events:
- the birth of a child
- placement of a child for adoption or foster care
- caring for a spouse, child, or parent with a serious health condition, or
- the serious health condition of the employee
Under the "rolling" twelve-month period, each time an employee takes FMLA leave, the remaining entitlement would be any balance of the twelve weeks which was not used during the preceding twelve months.
General Provisions
Effective Dates
The FMLA of 1993 was enacted in February 5, 1993. This law became effective for exempt employees on August 5, 1993, and for non-exempt employees on February 5, 1994.
Employee Eligibility
Employees who have been employed by the state for at least twelve months and have been in "active pay status" at least 1, 250 hours during the twelve-month period immediately preceding the commencement of leave are entitled to FMLA leave regardless of gender. Previous employment with the state in which the employee was paid directly by warrant of the Auditor of State shall count toward meeting the employment requirement. Further, temporary employees or employees supplied by a temporary service who are then immediately hired by the Department will be considered state employees for the purpose of calculating 1,250 hours and one year of employment.
Eligible employees who work less than 40 hours a week are entitled to 12 weeks of leave; however, the hours will correspond to the hours worked. For example, an employee who works 30 hours a week is entitled to 360 hours a year and so forth.
Requesting FMLA Leave
Employees are required to provide at least thirty days notice prior to taking leave when leave is foreseeable; or if this is not possible, as much notice as is practicable.
Employees requesting FMLA leave are to use the standard leave form (ADM 4258) by checking the appropriate box and are required to submit documentation (Medical Certification Form ADM 4260). In the case of an adoption or foster care of a child, official documentation/verification will be required from the appropriate authorities.
Employees must use all applicable accrued vacation leave, personal leave, or sick leave prior to using unpaid leave in accordance with Department's Leave Without Pay policy. The combination of paid and unpaid FMLA leave may not exceed twelve weeks. Compensatory time may be taken for FMLA qualifying events; however, approval of such leave shall be pursuant to applicable rules, policies, and labor agreements. In no circumstances shall compensatory time be designated as FMLA.
When FMLA leave is used concurrently with Disability Leave, Workers Compensation, Occupational Injury Leave, or Adoption/Childbirth Leave, the leave polices for those programs shall override the requirement of this policy for employees to exhaust all of their accrued leave.
It is not necessary that an employee expressly requests FMLA leave, paid or unpaid, to be designated, especially when leave is unforeseeable. If the employer determines that the leave is being taken for an FMLA qualifying event based on the information provided by the employee, the leave period may be designated as FMLA if the employee is properly notified by the Employer.
FMLA leave for the birth of a child or placement of a child for adoption or foster care must commence and conclude within twelve months of the date of birth or placement.
Intermittent or Reduced Schedule Leave
Employees taking leave due to their own serious health condition or that of a family member which includes a parent, spouse, son or daughter, may take intermittent leave or work a reduced schedule if medically necessary. Intermittent leave is taken in separate blocks of time due to a single illness or injury, rather than for one continuous period of time, and may include periods of leave from the smallest unit of leave available to several weeks. A reduced leave schedule reduces an employee's usual number of working hours per workweek or hours per workday. The health care provider must provide additional certification specifying the medical necessity of such a leave schedule (e.g., periodic testing and treatments).
The Employer has the authority to temporarily place an employee in an alternative position with equivalent pay and benefits to accommodate an employee's need for intermittent leave or reduced work schedule. All temporary transfers to an alternative position must be accomplished in compliance with any applicable collective bargaining agreement, and/or federal and state laws.
The Employer may allow intermittent leave or reduced schedules for employees taking FMLA leave for the birth of a child or placement of a child into adoption or foster care if an acceptable schedule can be agreed upon. Whereas employees are entitled to properly certified intermittent leave or reduced work schedules for serious health conditions, the Employer is not required to allow employees intermittent leave or a reduced work schedule for the birth of a child or placement of a child for adoption or foster care.
Call-In/Call-Off
Employees must call off in accordance with their labor agreement or no later than one-half (1/2) hour after the start of their designated shift whichever is applicable. Mitigating circumstances may waive this requirement. When the employee is aware that he/she will be out for a specified number of days, it is the employees responsibility for establishing a report-in schedule that is acceptable with the supervisor. If an acceptable schedule is not established, the employee is required to notify his/her supervisor every day in accordance with this policy.
Medical Certification/Recertification
Employees requesting leave because of their own serious health condition or that of a spouse, child, or parent are required to provide appropriate medical certification signed by the attending health care provider at the time of the request, but in no case later than 15 days from the date of the request (Confidential Medical Certification Form ADM 4260). Please note this form is not optional. In the case of an adoption or foster care of a child, official documentation/verification will be required in place of the certification form. Certification shall include all of the following information:
- The date the condition began
- The probable duration of the condition
- Appropriate medical facts within the doctor's knowledge regarding the condition
- A statement that the employee is unable to perform the functions of his or her position or is needed to care for an ill family member
The Employer has the right to make reasonable requests for periodic recertifications and/or second opinions from another source. If the opinions of the employee's and the Department's health care providers differ, the Employer may obtain a third opinion at the Employer's expense. The third health care provider must be mutually agreed upon by the Employer and the employee. This opinion shall be final and binding.
The Employer may not require employees to provide recertification of the medical necessity for intermittent leave more than once every thirty days in conjunction with an employees absence unless 1) the employee requests an extension of leave; 2) circumstances described by the previous certification have changed significantly (e.g., the duration of the illness, the nature of the illness, complications; or 3) the Employer receives information that casts doubt upon the continuing validity of the certification.
Continuation of Employee Health Benefits
The FMLA requires employers to provide health benefits for employees on FMLA leave as they would be provided if the employee was not on FMLA leave. The Department will be responsible for continuing to pay the employer contributions of the employee's health plan during an employee's paid or unpaid leave taken under the Act. If the employee fails to return to work after taking FMLA leave without showing the failure to return was due to a legitimate medical reason or due to circumstances beyond the employee's control, the Employer may recover any premium payments made during the leave period.
Employees are required to continue paying their share of monthly premium amounts to maintain health care coverage while on FMLA leave. Employees are responsible for making appropriate arrangements with their respective division/office personnel or payroll coordinator.
The Act requires employers to give employees a 30-day grace period to maintain health care coverage. If an employee on FMLA leave fails to provide payment to the payroll office by the twelfth of the month prior to the month for which coverage is to be continued, the Division/Office shall pay the employee's share during the 30-day grace period. Employees who fail to pay their portion of the health insurance premium after this grace period may, with fifteen days notice from the Employer, be removed from their respective health insurance plan. The employee will be responsible for reimbursing the Employer by means established by the Employer upon the employee's return to work.
Maintenance/Accrual of Benefits During Leave
An employee taking FMLA leave is entitled to maintain any employment benefits, other than the paid and unpaid leave required to be used, that the employee had accrued prior to the date upon which the leave began. During any period of unpaid FMLA leave, exempt employees will not accrue personal leave, sick leave, or vacation leave. During any period of unpaid FMLA leave, non-exempt employees will accrue personal and sick leaves in accordance with the negotiated language in the applicable labor agreement upon their return to work. Employees who return to work after FMLA leave will not lose any service credit.
Return To Work
Employees returning from FMLA leave must be reinstated to the position held at the time they began their leave or to a position with equivalent status and pay. Employees are required to report to their immediate supervisor once a month as to their intention of returning to work. Employees returning from FMLA leave due to their own serious health condition will be required to provide a statement from their health care provider releasing them for work.
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