The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees the right to take up to twelve work weeks or 480 hours of unpaid, job-protected leave for qualifying family or medical reasons. The leave may be approved either on a continuous basis or an intermittent basis.
To be eligible for FMLA, an employee must have worked for a covered employer for at least 12 months and have at least 1,250 hours of service and have one of the following qualifying conditions:
In addition, twenty-six workweeks of leave can be provided during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member's spouse, son, daughter, parent, or next of kin (military caregiver leave).
If you are seeking to apply for FMLA, contact the DES Leave Administrator or your Supervisor. The DES Leave Administrator will check your eligibility and have any applicable forms sent to you. You will work closely with the DES Leave Administrator during the application process and will receive required notices and communications throughout your FMLA leave.
Employee notification can be oral or written to the employer.
Leave that is foreseeable
Employees are required to provide 30 days advance notice to the employer for leave that is foreseeable (ex: scheduled surgery).
Leave that is unforeseeable
Employees are required to provide notice as soon as possible and practical for leave that is unforeseeable.
FMLA provides up to 12 weeks of unpaid leave but you may use any combination of your accrued paid leave to substitute. During this period of leave, your job is protected, you have job restoration rights, and we as your employer maintain your health coverage. However, you will be responsible for paying your share of the insurance premiums. You may pay your premiums with cash, personal check, or you may choose to turn in enough paid leave during your FMLA absence to have your premiums deducted from your pay.
If you have been qualified to designate your leave as FMLA, you will be expected to accurately designate your submitted leave as FMLA. If your supervisor is submitting leave on your behalf, state that the leave is related to your FMLA condition, if applicable. Some of the leave types you may choose to use to designate your leave accurately are: