Family Medical Leave Act
What is FMLA
Eligibility
Process
Definitions Under FMLA
Forms
Contact
What is FMLA
Under the Family and Medical Leave Act (FMLA) eligible employees are entitled up to 12 weeks of leave for the following reasons:
- for the birth of a child, or placement of a child for adoption or foster care:
- to care for an immediate family member, (spouse, child or parent) who has a serious health condition; or
- for a serious health condition that makes the employee unable to perform any of one or more of his or her essential job duties.
Employees must use any sick and vacation leave available. Any time remaining of the 12 weeks will be unpaid leave.
An employee’s health-care benefits will be continued during FMLA leave. Employees will be reinstated to his or her former position or an equivalent position upon return from FMLA leave.
Eligibility
An employee is eligible for leave if they have:
- been employed at least 12 months by KUSM-W;
- worked at least 1,250 hours of service during the 12 month period before leave is requested; and
- worked at a work site with at least 50 or more employees who work within 75 surface miles of their assigned work site.
Process
Employees should notify their supervisors and Human Resources when Family Medical Leave is anticipated. Complete an FMLA Request Form and submit to Human Resources. The employee may be asked to provide medical certification.
Definitions Under FMLA
Parent: A parent may be a biological or adoptive parent. An individual who has day-to-day responsibilities to care for and financially support a child is also considered a parent. For example, a grandmother who raised her grandson would be considered a parent under FMLA, even if she has no formal guardianship or similar papers. A parent-in-law is not considered a parent under the FMLA.
Spouse: A spouse is a husband or wife recognized under state law for purposes of marriage in the state in which the employee resides.
Child: A child is a biological, adopted, or foster child, a stepchild, a legal ward, or child of a person who has day-to-day responsibilities to care for and financially support a child under the age of 18, or over the age of 18 who is incapable of self-care because of a physical or mental disability.
Serious Health Condition: a serious health condition is: 1) an illness, injury, impairment, or physical or mental condition that requires care in a health care facility; OR 2) continuous treatment by a health-care provider, such as one of the following; 1) a period of incapacity of mor that three consecutive calendar days of absence from work and any subsequent treatment of that incapacity by a health-care provider; 2) continuing treatment or supervision by a health-care provider for a chronic serious health condition; or3) any period of incapacity due to pregnancy, or for prenatal care.
Continuing Treatment: Continuing treatment requires two or more treatments by a health-care provider, or continuing supervision by a health-care provider of a long-term condition.
For more information
Contact Human Resources, ext. 3-2615.
Last Modified: September 17, 2007
