The Family and Medical Leave Act of 1993 (FMLA) is federal legislation that requires covered employers to provide up to 12 work weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons.

The guidelines for applying FMLA have been revised to reflect the final regulations set forth by the U.S. Department of Labor, which became effective on April 6, 1995.

Eligible employees are those who have worked full or part time for at least 12 months and have worked at least 1250 hours during the 12-month period immediately preceding the date on which any FMLA leave is to commence.

Note: There is also a requirement that the employee be employed at a work site within 75 miles of which 50 or more employees are employed by the employer.

FMLA covers the following three types of leave. Employees are eligible for a total of 12 weeks of FMLA leave per 12-month period (defined by your employer's policy as a rolling 12-month period), regardless of the type of leave. (Employees are not eligible for 12 weeks of each type of leave.)

• Medical leave is taken for the employee's own serious health condition (occupational or nonoccupational disability). The definition of serious health condition is provided in a later section of these guidelines.
• Family medical leave is taken when an employee is needed to provide care for an eligible family member (spouse, parent, son, or daughter) who has a serious health condition. Spouse refers to an employee's husband or wife as defined and recognized under state law. Parent refers to an employee's biological parent or an individual who stood in loco parentis to an employee when the employee was a child; employees may not take family medical leave to care for a parent-in-law. Son and daughter refer to an employee's biological, adopted, or foster child, stepchild, or legal ward, or a child of a person standing in loco parentis who is either
  • under age 18 or
  • age 18 or older and “incapable of self-care because of a mental or physical disability” (i.e., a child over age 18 who requires active assistance or supervision to provide daily care because of a physical or mental impairment that substantially limits one or more of the individual's major life activities).
• Family leave is taken for the birth or placement and care of a newborn child, an adopted child, or a foster child during the 12-month period following the birth or placement and must be taken consecutively (may not be taken intermittently).

View summaries of the FMLA requirements regarding all three types of leave.

A “serious health condition” is an illness, injury, impairment, or physical or mental condition that involves one of the following. (See Question 5 for information on common illnesses.)

• Hospital care, inpatient care (i.e., an overnight stay which is more than 23 hours) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with such inpatient care.
• Absence plus treatment, a period of incapacity of more than three consecutive calendar days (more than 24 hours for 10- and 12-hour shift workers) and any subsequent treatment or period of incapacity relating to the same condition that also involves:
  • treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider or
  • treatment by a health care provider on at least one occasion that results in a regimen of continuing treatment under the supervision of the health care provider.
• Pregnancy, any period of incapacity because of pregnancy or for prenatal care or miscarriage.
• Chronic condition requiring treatment, a chronic condition that:
  • requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider,
  • continues over an extended period of time (including recurring episodes of a single underlying condition), and
  • may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
• Permanent or long-term condition requiring medical supervision, a permanent or long-term period of incapacity because of a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of a health care provider but need not be receiving active treatment. Examples include Alzheimer's disease, a severe stroke, or the terminal stages of a disease.
• Multiple treatments, any period of absence to receive (and recover from) multiple treatments by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or injury or for a condition that would probably result in a period of incapacity of more than three consecutive days in the absence of medical intervention or treatment, such as cancer (chemotherapy), severe arthritis (physical therapy), or kidney disease (dialysis). Regimen of treatment must be documented.

Most short-term illnesses that do not involve inpatient care do not qualify as FMLA leave unless complications arise. The common cold, the flu, earaches, an upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontic problems, and periodontal disease are examples of conditions that do not meet the definition of serious health condition and do not qualify for FMLA leave.

FMLA defines health care provider as “a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the state in which the doctor practices” or “any other person determined by the Secretary [of Labor] to be capable of providing health care services.” The phrase “authorized to practice...by the state” means that the provider must be authorized to diagnose and treat physical or mental health conditions without supervision by a doctor or other health care provider. Others “capable of providing health care services” are currently defined to include only the following:

• Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by Xray to exist) who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law.
• Nurse practitioners, nurse-midwives, and clinical social workers who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law.
• Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts. When an employee or family member is receiving treatment from a Christian Science practitioner, an employee may not object to any requirement from an employer that the employee or family member submit to examination (though not treatment) to obtain a second or third certification from a health care provider other than a Christian Science practitioner except as otherwise provided under applicable state or local law or collective bargaining agreement.
• Any health care provider from whom an employer's group health plan benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.
• A health care provider listed such as any of those described above who practices in a country other than the United States, who is authorized to practice in accordance with the law of that country, and who is performing within the scope of his or her practice as defined under such law.

Pay for FMLA leave is determined by your employer's paid leave policies and bargaining unit agreements. Not all FMLA leave is paid under company policies and bargaining unit agreements. Both paid and unpaid FMLA leave count toward the employee's 12-week FMLA entitlement.

Guidelines for paid personal leave for salaried employees are contained in the company policies accessible through the company internal homepage. Supervisors should consult these procedures before granting personal leave with pay. Questions regarding the payment of personal leave should be directed to Personnel Relations at BWXT. FMLA paid personal leave will count toward the paid personal leave maximums defined in company guidelines.

Personal leave of less than 15 consecutive work days to care for a newborn or for placement for adoption or foster care does not require a leave of absence but must be taken without pay. Leave without pay that is more than 15 consecutive work days currently requires a leave of absence.

FMLA paid and unpaid leave may be combined. A common example is in the event of a normal birth of a child: a salaried employee (father) could be paid personal leave (if eligible) for two days, one for the day of the birth and an additional day of paid leave to bring the mother and child home. Any additional leave may be either vacation or unpaid family leave, according to physician certification information provided to Disability Services.

FMLA prohibits employers from discriminating against employees who use FMLA leave and from discouraging them from taking FMLA leave. FMLA leave cannot be used as a negative factor in employment actions such as promotions or disciplinary actions. Therefore, it is very important for supervisors and employees to understand the following:

• FMLA leave taken by an employee cannot be counted as a frequency under the company attendance control policy.
• FMLA leave taken by an employee cannot be counted as a negative factor in development, planning, and performance reviews.
• Promotions cannot be denied because of FMLA leave taken by an employee.
• Merit increases cannot be deferred because of FMLA leave taken by an employee.

When an employee takes leave for more than 15 consecutive workdays to care for a family member with a serious health condition or for bonding, the employee must take a leave of absence without pay. In such cases, employees should contact Benefits Delivery for instructions. Leaves of 15 consecutive days or less to care for a newborn, for placement for adoption or foster care, or to care for a family member with a serious health condition do not require a leave of absence and may be recorded in the company time collection system.

In accordance with attendance policies, supervisors must obtain enough information from the employee to determine whether the leave can be granted as personal leave or disability leave. These policies remain in effect under FMLA, and supervisors must still obtain such information as needed.

If medical information is necessary to determine whether the leave qualifies under any company policy, including FMLA, the supervisor should notify Benefits Delivery. If an employee voluntarily provides medical information to his or her supervisor, the supervisor should immediately forward it to Benefits Delivery. Medical information should not be placed in the employee's field folder or organizational file.

If the leave qualifies as FMLA leave, and the employee meets eligibility requirements, the leave must be granted, provided the employee complies with applicable notice and certification requirements. The decision whether the leave is with or without pay is determined by the guidelines regarding short-term disability, absence from work, time away from work, or benefits.

FMLA encourages employees and supervisors to work together to resolve disputes. To facilitate this process, the supervisor completes the appropriate Short-Term Disability/FMLA checklist (UCN‑19781, restricted access) based on information provided by the employee. The supervisor's preliminary decision based on completion of the checklist does not become final until physician support is received and reviewed by Benefits Delivery. All disputes should be referred to the FMLA Coordinator, who will work with the supervisor and the employee to resolve the dispute.

Benefits Delivery can provide the employee with certification forms to be completed by his or her physician to supply additional information for consideration. These forms are also accessible online. When these forms are completed and returned to Benefits Delivery, they will be reviewed for Short-Term Disability pay and FMLA support. The designation of the leave approval or denial will be transmitted electronically to the employee, organization Human Resources contact, and supervisor. The Organization may require a second opinion, at the employer's expense, from a health care provider of its choosing. If the two opinions differ, a third opinion must be obtained, at the employer's expense, from a health care provider acceptable to both the employee and employer.

The expense code for FMLA medical leave (for the employee's own serious health condition) is 17F for nonoccupational disability (illness or off-the-job injury), 20F for occupational disability (on-the-job injury/illness), or 16F with or without pay for absences to visit a health care provider for nonoccupational disability treatment, examination, or evaluation for a condition that does not result in the inability to work or perform other regular daily activities.

The expense code for FMLA family medical leave, family leave, or for a visit to a health care provider that does not involve a regimen of treatment should be recorded as expense code 16F.

Any FMLA absence for employees over one hour should be recorded to the nearest quarter of an hour. FMLA absences of less than one hour may not be recorded for exempt employees in the Time Collection System and must be recorded currently as Incidental Absence (IAC) but may still be FMLA protected.

• Absence notification. In accordance with your employer's policy and bargaining unit contracts, employees are responsible for reporting all absences to their supervisors either in person or by telephone no later than the beginning of the scheduled workday. If an employee cannot reach his or her supervisor, he or she should notify the plant shift superintendent. Employees must provide enough information for the supervisor to determine whether the absence qualifies as FMLA leave; diagnoses are not required.
• FMLA notification. The FMLA provides that employees are expected to give 30 days' advance notice when leave is “foreseeable.” In any case, employees should give their supervisors as much notice as practicable so as not to disrupt operations. Failure to give such notice may result in the delay of taking such FMLA leave. If leave is taken for an FMLA reason that the employer was not aware of and the employee desires it to be counted as FMLA leave, the employee must notify his or her supervisor within two business days of returning to work that the leave was for an FMLA reason. If an employee fails to make this notification within two business days, he or she may not subsequently assert FMLA protection for the absence.
• Intermittent leave. Employees needing intermittent FMLA leave or a reduced work schedule must attempt to schedule their leave so as not to disrupt operations. Employees requesting intermittent FMLA absences of less than three consecutive calendar days taken for the employee's or family member's serious health condition must provide Benefits Delivery with periodic certification [see 29 CFR 825.308(b)(2) and 825.305(b)]. BWXT Y‑12 employees must submit forms every 30 days in connection with intermittent absences. Note: The consequences of not providing FMLA notification and certification are explained in 29 CFR 825.301(b)(1), 825.311, and 825.312.
• FMLA medical leave. Employees requesting leave for their own serious health condition are required to provide medical certification as set forth in company procedures FMLA, Short-Term Disability, and Absence and Attendance Monitoring. Employees must provide a fitness-for-duty certificate for a return to work and report through the site Health Services Department if applicable.
• FMLA family medical leave. Employees requesting leave to care for an eligible family member with a serious health condition are required to provide certification from the family member's health care provider within 15 business days of the beginning of the leave. Failure to provide medical certification in the time required may result in the delay of FMLA leave. If the certification is never provided, the leave may not be designated as FMLA.

• Preliminary FMLA designation. Whenever employees notify their supervisor of a need for leave because of their own disability or to care for a qualified family member (spouse, parent, son, or daughter), the supervisor should be aware that this leave may qualify under FMLA. It is important to identify FMLA leave as soon as possible.
• Absences of less than three consecutive calendar days. Most absences of less than three consecutive calendar days (usually for common illnesses) do not qualify for FMLA designation. However, absences of less than three consecutive calendar days because of an employee's chronic serious health condition or to care for a qualified family member may qualify as FMLA leave, and it is important for supervisors to obtain this information from employees when they report that they are or will be absent. The supervisor must complete UCN‑19781 (for STD/FMLA leave) within two business days of the employee's notification of absence. To comply with FMLA Guidelines, employees must be given a copy of UCN‑19781, following the supervisor's completion of the checklist, within two business days of the request or return to work.
• Absence of more than three consecutive calendar days. If an employee takes sick or personal leave of more than three consecutive calendar days, the supervisor must complete UCN‑19781 (for STD/FMLA leave) within two business days of the employee's notification of absence and give one copy to the employee and fax one copy to Benefits Delivery.
• Notifying Benefits Delivery of employee absence. Supervisors should report an employee's nonoccupational disability absences for the employee's own medical disability (both FMLA and non-FMLA) to Benefits Delivery on the fourth consecutive calendar day that the employee misses work or when the 10- or 12-hour shift worker misses more than 24 hours. Supervisors should report employees' occupational disability absences, even for less than one day, to Y‑12 Workers Compensation immediately. These requirements apply to absences of employees on all payrolls.
• Notifying employees of FMLA leave designation. When an absence is designated as FMLA leave, FMLA requires that the employee be notified within two business days of the time the employee gives notice of the need for leave. If the employer has sufficient information to determine whether leave meets FMLA criteria and if the employer does not notify the employee of the designation of the leave as FMLA within two business days, the company cannot designate the leave retroactively, the employee still receives the full protection of FMLA, and none of the absence preceding the notice to the employee of the designation may be counted against the employee's 12-week FMLA leave entitlement. Therefore, timely reporting and recording of employee absences are crucial to compliance with FMLA. Employees are notified by Benefits Delivery when a preliminary designation becomes final. The FMLA summary of employee rights is the second page of the STD/FMLA checklist provided to employees by supervision.
• Assisting employees in disputes over FMLA leave. When a supervisor makes a preliminary decision that the employee's leave does not meet the criteria for a serious health condition and the employee wants the absence carried as FMLA, the supervisor should instruct the employee to contact Benefits Delivery and provide additional medical information from the health care provider or print from Benefits homepage or Just-In-Time Forms.

Review the summaries of FMLA requirements regarding all three types of leave presented below. For additional information, refer to the Family and Medical Leave Act of 1993, revised in April 1995.