Family & Medical Leave (FMLA)

An employee may take family and medical leave for qualifying exigencies while his or her spouse, son, daughter, or parent who is a member of a regular component of the Armed Forces, or a member of the National Guard or Reserves is on active duty or called to active duty status in support of a contingency operation.

The first time an employee requests leave because of a qualifying exigency, he or she must provide a copy of the covered military member's active duty orders or other documentation issued by the military. This documentation must include the dates of the covered military member's active duty service. This information need only be provided once. A copy of new active duty orders or other documentation issued by the military shall be provided if the need for leave because of a qualifying exigency arises out of a different active duty or call to active duty status of the same or a different covered military member.

An eligible employee is entitled to receive up to 26 weeks of unpaid leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent or next of kin of the servicemember.

The single 12-month period commences the first day leave is taken to care for the covered servicemember and expires 12 months later. Note: An eligible employee is entitled to a combined total of 26 weeks of unpaid leave during a single 12-month period for any FMLA-qualifying reason.

Example: An eligible employee may take 16 weeks of family and medical leave to care for a covered servicemember and 10 weeks of family and medical leave to care for a newborn child.

The agency will require classified employees to use their accrued paid leave at the beginning of the 12-week FMLA-approved leave period. The types of paid leave that may be used are:

According to state policy provisions, classified employees are provided paid leave for personal health reasons through the use of their accrued sick leave balances, VSDP sick leave balances, or short-term disability. Employees may also use their accrued annual, compensatory, or overtime leave balances for absences due to health reasons. For family reasons versus the employee's personal illness, employees may also use 33% of available sick leave hours during the FMLA-designated leave period.

Note: Employees are permitted to use up to six days of sick leave (if in the accrued sick leave system) or whatever family/personal leave they have available (if in the VSDP sick leave system) for short-term family illnesses in the 12 month period from January 10 through January 9.

A request for leave due to a serious health condition must be supported by a certification from the health care provider. This includes the employee's or family member's health care provider. The certification should include the date on which the health condition began and its probable duration. The certification for a family member should include a statement from the health care provider that the employee is needed to care for the family member. The medical certification should be provided within 15 calendar days of the request to use FMLA leave. Upon return to work, employees must provide a medical release statement to their supervisors. The employer, at its expense, may require a second medical opinion.

An employee may take leave intermittently (take a day or days periodically when needed) or use leave to reduce the work day or work week, resulting in a reduced work schedule. The supervisor must approve these variations if the employee is taking leave for the birth, adoption or foster care placement of a child.

For leave related to a serious health condition, the supervisor's consent is not required when an employee needs to use intermittent leave that is medically necessary. Employees are encouraged to provide proper notice to the supervisor even though the supervisor's permission to use FMLA leave is not required.

• a statement confirming the necessity for intermittent leave;
• the planned duration of the medical treatment;
• the expected dates for the medical treatment.
• The supervisor may request medical certification to verify that the actual work hours or days missed were medically necessary.

The employee may be reassigned to an alternative position that could better accommodate the use of an intermittent leave schedule.

The employer will continue to provide health insurance coverage and pay its portion of the premium under its group health plan during the leave period at the same level and conditions as if the employee had continued to work.

The employer will place classified employees who return from leave under the FMLA in their same jobs unless extenuating circumstances occur. Should extenuating circumstances occur, employees returning from leave under the FMLA will be placed in a job with equivalent status and pay.