The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 that allows eligible employees to take unpaid, job-protected leave for certain family and medical reasons. Eligible employees include:
- Have worked for the employer for at least 12 months, which do not have to be consecutive, and
- Have worked at least 1,250 hours during the 12-month period immediately preceding the start of the FMLA leave.
The FMLA was designed to balance the demands of the workplace with the needs of employees to attend to their own health and well-being, as well as the needs of their families. The FMLA provides eligible employees with up to 12 weeks of unpaid leave* in a 12-month period. This leave can be used for various reasons, such as:
- The birth, adoption, or foster care placement of a child,
- Caring for a spouse, child, or parent with a serious health condition or
- A serious health condition that prevents the employee from performing their job.
- Qualifying exigencies arising out of the fact that the employee's spouse, child, or parent is on covered active duty or called to covered active-duty status as a member of the National Guard or Reserves.
Under the Family and Medical Leave Act (FMLA), a serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves one or more of the following:
- Inpatient Care: Any period spent in a hospital, hospice, or residential medical care facility, including any subsequent treatment in connection with the inpatient care.
- Incapacity and Treatment: A condition that causes the employee to be unable to perform their job functions or attend school or other regular daily activities, along with the requirement of ongoing treatment by a healthcare provider. The treatment may include but is not limited to visits to a doctor, physical therapy, or prescription medication.
- Chronic Conditions Requiring Periodic Treatment: A condition that requires periodic visits to a healthcare provider for treatment, such as asthma, diabetes, or epilepsy. These conditions may cause episodic rather than continuous periods of incapacity.
- Pregnancy or Prenatal Care: Any period of incapacity due to pregnancy, prenatal medical care, or related conditions. This includes incapacity due to severe morning sickness or the need for prenatal rest. Please note that using this leave before a child's birth impacts the FMLA entitlement for recovery and child bonding.
- Chronic Conditions Requiring Supervision: A chronic condition that requires supervision by a healthcare provider but may not necessarily involve active treatment. Examples include Alzheimer's, severe arthritis, or a severe stroke with residual effects.
- Permanent or Long-Term Conditions: Any period of incapacity due to a condition that is not expected to improve significantly or has an indefinite duration, such as terminal illnesses.
The determination of a serious health condition is based on the professional judgment of a healthcare provider and will require medical certification to support the need for FMLA leave.
There are two types of leave under FMLA: continuous and intermittent.
- Continuous FMLA leave refers to taking an uninterrupted block of time off for a qualifying FMLA reason. HCPS requires that employees who are absent for more than five consecutive duty days apply for continuous FMLA.
- Intermittent FMLA leave refers to taking FMLA leave in separate blocks of time rather than in one continuous period. It allows employees to take leave in smaller increments or on an as-needed basis due to their own or a family member's serious health condition. Intermittent FMLA leave can be taken in hourly, daily, or even shorter increments, depending on the employer's policies and the employee's needs. Care, recovery, or treatment should be scheduled outside regular business hours when possible so as to not unduly impact HCPS operations.
SPECIAL NOTE FOR INSTRUCTIONALLY RELATED STAFF AND INTERMITTENT LEAVE: Under FMLA, instructional personnel can take no more than 20% of their scheduled work time off, which equates to about one day per week or about four (4) days per month. If more leave time is needed, you must arrange to take continuous FMLA leave.
During FMLA leave, eligible employees are entitled to maintain their group health benefits and have the right to return to their same or equivalent job upon their return to work. The FMLA also prohibits employers from retaliating against employees for exercising their rights under the law. Under the FMLA, eligible employees have several rights and protections, including:
- The right to take FMLA leave for qualifying reasons without fear of losing their job.
- The right to maintain their group health benefits during FMLA leave.
- The right to be reinstated to their same or equivalent position after FMLA leave.
- Protection against retaliation for exercising their rights under the FMLA.
Should you feel that your circumstances and work/life balance require the use of FMLA, please follow the steps outlined here: https://hcps365.sharepoint.com/sites/HumanResources/Benefits/INFO%20%20FORMS/FMLA%20and%20Leave%20of%20Absence%20Information/FMLA%20Instructions%20to%20Apply/Steps%20to%20apply%20for%20FMLA.pdf.
If you have additional questions, contact the HCPS Benefits Office at (410) 588-5275 or benefits@hcps.org.
Department of Labor FMLA Eligibility Poster: https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fmlaen.pdf
*HCPS requires employees to utilize their available paid leave to cover their absence.
