The Family Medical Leave Act (FMLA)

Overview

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Eligible employees are entitled to 12 workweeks of leave in a 12-month period for:

the birth of a child and to care for the newborn child within one year of birth;

the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;

to care for the employee’s spouse, child, or parent who has a serious health condition;

a serious health condition that makes the employee unable to perform the essential functions of his or her job;

any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness who is the spouse, son, daughter, parent, or next of kin to the employee (military caregiver leave).

It is recommended that employees visit with Jett Dougherty, NIC’s Assistant Director of HR, to ensure compliance with Family Medical Leave requirements and make appropriate arrangements for related leaves.

Employee Responsibilities under FMLA

Employees have certain responsibilities to fulfill if the leave taken is to be granted or designated as FMLA leave. In general, employees must:

provide 30 days’ advance notice of the need to take FMLA leave when the need for leave is foreseeable;

provide sufficient information (usually a certification form) in a timely manner so that the human resources department may review for FMLA eligibility;