Family Medical Leave Act (FLMA) of 1993
What does FMLA do for me?
FMLA is a valuable benefit to you as an employee:
- it allows you up to 12 work weeks away from your job for certain family and medical reasons;
- the employer must maintain their regular contribution towards your health insurance premiums while you are on approved FMLA leave; and
- upon your return from approved FMLA leave, you generally must be restored to your original or equivalent position with equivalent pay, benefits, etc.
To qualify for FMLA, you must:
- be a permanent employee who has been employed for the past 12 months and
- have worked at least 1040 hours in the past 12 months.
Qualifying Reasons for Taking Leave
You may request FMLA for the following:
- the birth of your child and to care for your newborn child;
- the placement of a child for adoption or foster care in your home and to care for the newly placed child;
- to care for your spouse, child or parent who has a serious health condition; or
- your own serious health condition that makes you unable to perform the essential functions of your position.
If you meet the eligibility requirements and have a qualifying reason, we are required to designate your leave as FMLA leave.
What do I have to do to request FMLA?
To request FMLA, you will need to fill out a 'Request for Family and Medical Leave Form', which you may obtain from the Office of Human Resources. If the leave is 'foreseeable', you should fill the form out at least 30 days in advance. If the leave is unexpected, you or your department may contact your office to let us know of your situation.
What if I can work part-time while I recover, or I don't need a full 12 weeks?
Generally speaking, FMLA may be taken intermittently or on a reduced leave schedule. If you will be away from work for three (3) or more consecutive calendar days for a qualifying reason, you should fill out a Request for Family and Medical Leave Form, or contact Human Resources (406-994-3651). Under FMLA, you are allowed up to 12 work weeks of leave in a 12-month period for qualifying situations.
Do I get paid while I'm on FMLA?
You will be required to use any accrued sick leave you have at the beginning of your FMLA leave period. Once you have exhausted your sick leave balance, you may choose to use any annual leave or comp hours that you have accrued. The remainder of any FMLA leave will be unpaid.