What MDT Employees Need to Know About the Family and Medical Leave Act

What is the FMLA? The Family and Medical Leave Act of 1993 is a federal law. The FMLA entitles eligible employees to up to 12 weeks of unpaid, job-protected leave during a 12-month period for specified family and medical reasons.

What protections does FMLA provide state employees?  Job-protected leave  Job restoration  Continuation of the state’s contribution to insurance benefits

Eligibility for FMLA leave In a pay status for at least 1,040 hours during the 12 months immediately preceding the leave In a position with benefits Worked for Montana state government at least 12 months, and

Is FMLA a new type of paid leave? FMLA does not provide a new source of paid leave but is provided at the same time as the state’s paid leave and leave without pay system.

What are the reasons for FMLA leave? a serious health condition that renders the employee unable to perform the functions of his or her job. the birth of a child and to care for the newborn child. the placement of a child with the employee for adoption or foster care. to care for a spouse, child or parent with a serious health condition.

How does FMLA define these terms?

and is either under age 18, or age 18 or older and "incapable of self- care because of a mental or physical disability." What is a “Child?” A son or daughter who is a biological, adopted, foster child, stepchild, legal ward, or a child of a person standing in “loco parentis”,

What is a “Parent?” Does not include parents "in-law." A biological parent or an individual who stood in loco parentis to an employee when the employee was a son or daughter.

What is a “Spouse?” A husband or wife as recognized under state law for purposes of marriage in the state where the employee resides.

What is a serious health condition? An illness, injury, impairment, or physical or mental condition that results in:

“Serious Health Condition” (continued) a period of incapacity requiring more than 3 days’ absence from work and continuing treatment by a health care provider, or

“Serious Health Condition” (continued) continuing treatment by a health care provider for a chronic or long-term health condition that is so serious that, if not treated, would likely result in incapacity of more than 3 days, or

“Serious Health Condition” (continued) an overnight stay by an employee in a hospital, hospice or residential medical care facility, or

“Serious Health Condition” (continued) continuing treatment by or under the supervision of a health care provider for a chronic or long-term condition or disability that is incurable, or

“Serious Health Condition” (continued) an absence related to treatment or therapy for an illness or injury (suffered by the employee or the employee’s family member) that, if left untreated, would result in absences exceeding 3 days.

What is not a serious health condition? routine medical check-ups, colds, flu, dental appointments, and other medical conditions that do not result in continuing care by a medical provider.

Who decides if the leave is FMLA- qualifying? The supervisor makes the decision based on information from the employee and advice from the HR Specialist responsible for FMLA policy.

How does an employee’s leave get designated as FMLA leave? The determination of eligibility may include a requirement for medical certification. It is MDT’s responsibility to designate leave as FMLA- qualifying and to give notice of designation to the employee. The designation decision is based on information received from, or on behalf of, the employee.

When does FMLA leave begin? FMLA leave will be designated from the first day leave is taken for an FMLA-qualifying reason.

Do employees get 12 weeks each time a new qualifying event occurs? May use the 12 weeks for multiple qualifying events Total of 12 weeks FMLA leave each year Measured forward from 1 st day FMLA leave is taken

Is medical certification required for an employee to take FMLA leave? Employees have 15 working days to obtain the medical certification. Agencies may require medical certification to verify the employee’s need to take FMLA leave due to a serious health condition of the employee, the employee's spouse, parent or child.

What types of paid leave are available to someone who takes FMLA leave?

Sick Leave unless the reason for the leave is due to an accident or illness covered by workers’ compensation insurance. Employees taking FMLA leave for purposes that qualify for use of sick leave will be required to take accrued sick leave before leave without pay will be approved,

Annual Vacation Leave MDT may not require employees to take accrued annual leave during FMLA leave if the reason for absence is illness. Employees may request to take their accrued annual vacation leave during an approved FMLA leave.

Exempt Compensatory Time MDT may require employees to use accrued exempt compensatory time when approving FMLA leave.

Non-Exempt Compensatory Time MDT may allow employees to use accrued nonexempt compensatory time, but the hours will not count toward the employee’s entitlement to 12 weeks of FMLA leave each year.

Holidays MDT will not count holiday benefit time toward FMLA leave entitlement, unless the employee is scheduled to work on a holiday for more hours than the holiday benefit. The additional hours will count toward the FMLA entitlement.

THE END For more information, contact Bonnie McElroy, Human Resource Specialist, MDT Human Resource Division. The policy and forms are located on the Intranet at: