The Family Medical Leave Act provides eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. Employees are entitled to continue their health insurance while on leave, at the same cost they pay when working. When an employee’s FMLA leave ends, the employee is entitled to be reinstated to the same or an equivalent position, with a few exceptions.
Eligible employees may take up to 12 weeks of leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies. This leave is available every 12 months, as long as the employee continues to meet the eligibility requirements explained below.
Eligibility Requirements
An eligible employee is one who has:
- Worked at Medic for at least 12-months
- Worked at least 1250 hours during the last 12-months
- Has FMLA Hours available
FMLA leave is unpaid unless the eligible employee’s leave meets the Paid FMLA leave requirements. However, if an employee is out of work under an approved FMLA leave, it is required that the employee use benefit leave (PTO) to cover any missed time. Once the benefit leave is exhausted, if the employee remained on FMLA, they will be listed as LWOP. An employee that wishes to use vacation before using sick time, must notify the scheduling department and their direct supervisor.
During unpaid FMLA, employees are required to use their accrued paid leave. Eligibility requirements for Paid FMLA can be found in the Employee Handbook under 4.8, or by clicking here.
FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable leave for certain family and medical reasons. These reasons include:
- The birth of a child and to bond with the newborn child within one year of birth. An employee’s entitlement to FMLA leave for birth and bonding expires 12 months after the date of birth. Both mothers and fathers have the same right to take FMLA leave for the birth of a child. (Please see additional notes below)
- The placement with the employee of a child for adoption or foster care and to bond with the newly placed child within one year of placement. An employee’s entitlement to FMLA leave for the placement of a child for adoption or foster care expires 12 months after the placement.
- A serious health condition that makes the employee unable to perform the functions of his or her job. An employee is “unable to perform the functions of the position” where the health care provider finds that the employee is unable to work at all, or is unable to perform any one of the essential functions of the employee’s position.
- Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on covered active duty. Qualifying exigencies are situations arising from the military deployment of an employee’s spouse, son, daughter, or parent to a foreign country.
- To care for the employee’s spouse, son, daughter, or parent who has a serious health condition. An employee must be needed to provide care for his or her spouse, son, daughter, or parent because of the family member’s serious health condition in order for the employee to take FMLA leave.
You can find more information on Qualifying Reasons for Leave under Family Medical Leave Act here.
It is important to know the difference between Birth and Bonding and Medical Certification under FMLA as it relates to the pregnancy and birth/care of the child. The Birth and Bonding for the spouse begins the day of birth. In the event of complications pre-birth, a Medical Certification form may be needed for missed time to be covered under FMLA. Please see below for more information.
