Family and Medical Leave Act (FMLA):

 

Approved leave of up to 12 work weeks during a twelve-month period for:

  • Incapacity due to pregnancy, prenatal medical care or child birth; (Medical/Maternity Leave);
  • To care for the employee’s child after birth, or placement for adoption or foster care (Parental Leave);
  • To care for the employee’s spouse, son or daughter, or parent who has a serious health condition (Family Care Leave);
  • A serious health condition that makes the employee unable to perform the employee’s job (Medical Leave); or
  • Qualifying exigency due to employee’s spouse, child or parent who is on covered active duty or has been notified of an impending call or order to covered active duty in the Armed Forces (Military Leave of Absence  - Qualifying Exigency Leave).

 

Eligibility for FMLA Leave:

 

Employee is eligible if he/she has:

·         Worked for the State of Michigan at least 1 year and has worked 1,250 hours during the preceding 12 months (actual work hours).

·         Full-time employees are eligible for up to 12 workweeks during a 12-month FMLA entitlement period.

 

Leave may be paid (if using leave credits) or unpaid, for medical leave, family care leave, parental leave or qualifying exigency leave. Full-time employees are eligible for up to 26 workweeks of paid or unpaid leave per year for military caregiver leave. Less than full-time employees are eligible for pro-rated FMLA leave based on work schedule. Time on a Military leave will count toward meeting the eligibility requirements. See Civil Service Regulation 2.03(4.B) FMLA Leave of Absence.

 

Spouses employed by the State of Michigan are jointly entitled to a combined total of 12 workweeks of FMLA leave for the birth of a child, placement of a child for adoption or foster care, or care for a parent who has a serious health condition. Each employee is not entitled to a separate 12- week FMLA leave for these purposes.  FMLA entitlement runs concurrent with medical or parental leave entitlements under Civil Service Rules and Regulations.

 

Employee must exhaust all available sick leave credits before going on unpaid medical leave for his/her own personal illness.  A family care or military caregiver leave requires the employee to deplete sick leave hours to 80 hours.  Sick leave may NOT be used for parental leave.  Using annual/deferred/compensatory/BLT hours is optional and counts against the FMLA entitlement.  Plan A hours may NOT be used during a period of extended leave.

 

If employee is using leave credits, the FMLA leave is paid with the employee receiving pay, service credit and fringe benefits.

 

The State’s share of Group health, dental and vision insurance benefits are maintained during FMLA leave. The employee pays the employee share of premiums unless the employee is eligible for LTD, in which case LTD pays for both the employee and the State’s share of health and life premiums.

 

Holidays:

 

Under the FMLA regulations, when an employee takes a full week of FMLA leave and a holiday occurs within the week, it doesn’t affect how much of the employee’s 12-week allowance has been used. The week is still counted as a full week of FMLA leave. However, if an employee is using FMLA Intermittent Leave, in increments of less than one week, the intervening holiday won’t count against his/her 12-week entitlement unless he/she was otherwise scheduled and expected to work during the holiday.

 

For more information on FMLA:

 

U.S. Department of Labor

Frances Perkins Building

200 Constitution Avenue N.W.

Washington, DC 20210

 

Phone Number: 1-866-4-USWAGE

 

Website: http://www.dol.gov/whd/fmla/index.htm