Frequently Asked Questions

It is the policy of the Employer to provide eligible employees with an unpaid family and medical leave of absence from work in the following circumstances: - The birth of a child and in order to care for such a child - An adoption of a child or to care for a foster child - To care for a child, spouse, or parent who has a serious health condition - Because of the employee's own serious health condition that renders the employee unable to perform the essential functions of his or her position - Qualifying exigencies for eligible family of the National Guard or Reserves - Special Military family leave for qualified service members

FMLA is a federal law that entitles employees to 12 weeks of unpaid leave. This time can be used, over the course of 12 months (the County defines the 12 months as the calendar year), to care for a newborn, a newly adopted child, a seriously ill family member, an employee's own health conditions, in situations of qualifying exigency to be with an employee's spouse, parent or child if they are an active service member or have an impending call to active duty in support of contingency operation, or for the care of an injured service member if the service member is the employee's spouse, child, parent or "next to kin".

The employer must have at least 50 employees (for 20 work weeks per year) that work within 75 miles of the employee's work site and the employee must have worked for their employer for at least 12 months and the employee must have worked at least 1,250 hours during the last 12 months.

An employee who is eligible for FMLA is entitled to a minimum of 12 weeks of leave per calendar year. If taking leave to care for an injured service member an employee is eligible for a one time allotment of 26 weeks in a single 12 month period.

Yes. FMLA covers any pregnancy-related leave that is medically necessary.

The FMLA does not require you to be paid during your leave, but it is the County's (employer)option that we require you to user ALL accrued leave before unpaid leave is allowed.

Yes. Family leave may be taken intermittently when medically necessary. An employee may take leave in blocks of time such as an hour, a half-day, a day, a week, four weeks or 12 weeks - to care for a family member.

"Family members" are: - the employee's parent the employee's child, including adult children who are incapable of caring for themselves - the employee's spouse when he or she has a serious medical condition - the employee's "next of kin" but only in situations of caring for an injured service member

No. Employees have the right to take leave only to care for someone who is a biological or adoptive parent. An employee can also take leave to care for an individual who acted as his or her parent during the employee's childhood.

The County may require that the need for leave for a serious health condition of the employee or the employee's immediate family member be supported by a certification issued by a health care provider. The employer must allow the employee at least 15 calendar days to obtain the medical certification.

No. Under FMLA employees are entitled to a total of 12 weeks of FMLA leave in a calendar year.

Under FMLA after 12 weeks has been taken in calendar year, the employer is not required to reinstate the employee.

The certification form must include the reason for leave, a specific date for leave to begin, a specific date for leave to end and doctor's signature.

The employee will not be protected by FMLA, and leave will not be approved. Disciplinary action may be taken for unapproved leave or job abandonment.

Yes. The employee will be required to provide orders showing that the family member is working in support of Department of Defense designated Qualifying Exengincy.

The employers must continue to pay for the employee's health-insurance coverage as it normally would. If an employee contributes to the health-insurance plan he or she is required to continue making payments while on leave.

Yes. If an employee does not return to work after 12 weeks or if an employee tells the employer that he or she does not intend to return to work, the employer can stop making insurance payments. If an employee does not return from leave, the employer may require the employee to pay back the money paid to maintain the employee's health insurance during leave.

The employer must reinstate an employee to the position held before leave began or must provide a position that has the same benefits, pay, working conditions and seniority.

No. When the employee returns from leave he or she is entitled to the same seniority he or she had before the leave. Employee's are not entitled to earn seniority during their leave.