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Created: 10/27/07
DHR Revised April 2011 1
EXECUTIVE BRANCH AGENCY POLICY
SECTION 4: FAMILY AND MEDICAL LEAVE ACT (FMLA) LEAVE
Table of Contents
General Information
Employee Eligibility
Quantity of and Allowable Purposes for FMLA Leave
Definition of “Serious Health Condition
Use of Paid Leave
Types of FMLA Leave
Calculating Eligibility
FMLA and Worker’s Compensation
FMLA Procedures
Benefits and Employee Rights
4A. General Information
The Family and Medical Leave Act (FMLA) is a federal law which entitles eligible employees to
unpaid, job protected leave, under qualifying circumstances, as follows: (1) for a qualifying
health condition of the employee or a family member; (2) for the birth or adoption of a child;
and (3) for specific purposes to family members of qualifying military service members.
Employees may, at their discretion, elect to use accrued vacation leave, sick leave, and/or
compensatory balances concurrently while on FMLA leave (as appropriate).
To qualify for FMLA leave, the employee must meet eligibility criteria, must submit a written
request, and upon return to work must provide a medical release (as appropriate).
In the event an employee does not request FMLA leave for time off work for a qualifying health
condition, the Agency will designate the employee’s absence as FMLA leave (as appropriate).
Each agency must notify employees of their rights under the FMLA. To meet this requirement,
each agency must post in a prominent place in the workplace the
Family and Medical Leave Act
Poster. In addition, each agency must either: (1) include the information contained in the
Family and Medical Leave Act Poster in its employee handbook; or (2) provide a copy of the
information contained in the Family and Medical Leave Act Poster to each new hire.
This policy is not intended to be all-inclusive. The exceptions and unique situations regarding
FMLA benefits are too numerous and complex to address in a single policy. Consultation with
Human Resources is strongly encouraged.
4B. Employee Eligibility
An employee must meet the following criteria to be eligible for FMLA leave:
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