Family and Medical Leave (FMLA)
The Family and Medical Leave Act (FMLA) allows eligible state employees to take up to twelve weeks of unpaid leave per calendar year for the following qualifying events:
- Birth of a child, and to care for the newborn child;
- Placement with the employee of a child for adoption or foster care;
- A serious health condition of the employee’s spouse, child or parent;
- A serious health condition that makes the employee unable to perform the functions of the employee’s job;
- Any “Qualifying Exigency” arising when a Service Member of the employee has been called to active duty status; or
- A serious illness or injury sustained by a Service Member of the employee who is recovering from a serious injury or illness.
Military Family Leave
On January 28, 2008, President Bush signed into law the National Defense Authorization Act (NDAA) for FY 2008.
The NDAA amended the FMLA to provide eligible employees working for covered employers two important new leave
rights related to military service:
(1) New Qualifying Reason for Leave. Eligible employees are entitled to up to 12 weeks of leave because of “any qualifying
"exigency” arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty, or has been
notified of an impending call to active duty status, in support if a contingency operation. By the terms of the statute, this
provision requires the Secretary of Labor to issue regulations defining “any qualifying exigency.” In the interim, employers
are encouraged to provide this type of eave to qualifying employees.
(2) New Leave Entitlement. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service
member who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to 26
weeks of leave in a single 12-month period to care for the service member. This provision became effective immediately
upon enactment. This military caregiver leave is available during “a single 12-month period” during which an eligible
employee is entitled to a combined total of 26 weeks of all types of FMLA leave.
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 past twelve months are entitled to FMLA 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 twelve-month employment requirement.
Employees are required to record FMLA in Kronos. Employees not using the Kronos system should complete a Leave of Absence Request Form.
Additional information on the amendments and a version of Title I of the FMLA with the new statutory language incorporated are available on the FMLA amendments Web site at http://www.dol.gov/esa/whd/fmla/NDAA_fmla.htm.