Family and Medical Leave (FMLA) Policy

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Family and Medical Leave (FMLA) Policy 

The Family and Medical Leave Act (FMLA) allows an eligible state employee to take up to twelve workweeks of leave per rolling twelve-month period for the following qualifying events: 

• Incapacity due to pregnancy, prenatal medical care or childbirth 
• Caring for the employee’s child after birth, or placement for adoption or foster care 
• Caring for the employee’s spouse, child, or parent with a serious health condition or 
• The serious health condition of the employee that makes the employee unable to perform the employee’s job.. The 26 weeks of leave is to be applied on a per-covered-servicemember, pre-injury basis such that an eligible employee may be entitled to take more than one period of 26 workweeks of leave if the leave is to care for differently covered servicemembers or to care for the same servicemember with a subsequent serious injury or illness, except that no more than 26 workweeks of leave may be taken within any “single 12-month period.”

The “single 12-month period” begins on the first day the employee takes leave to care for the covered servicemember and ends 12 months after that date..

CERTIFICATIONS If the agency does not have enough information to determine whether the employee’s leave is taken for FMLA-qualifying reason, the agency may require the employee to submit a complete and sufficient certification on one of the following forms, depending on the nature and condition of the leave requests: 

• Certification of Health Care Provider for Employee’s Serious Health Condition 
• Certification of Health Care Provider for Family Member’s Serious Health Condition 
• Certification of Qualifying Exigency for Military Family Leave 
• Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave 
• Equivalent documentation in the case of an adoption/foster care.

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