Family and Medical Leave
Entitlement
Under the Family and Medical Leave Act of 1993 (FMLA), most Federal
employees are entitled to a total of up to 12 workweeks of unpaid leave during any 12-month period for the following
purposes:
- the birth of a son or daughter of the employee and the care of such son or daughter;
- the placement of a son or daughter with the employee for adoption or foster care;
- the care of spouse, son, daughter, or parent of the employee who has a serious health condition;
- a serious health condition of the employee that makes the employee unable to perform the essential functions
of his or her position; or
- any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the
employee is on covered active duty (or has been notified of an impending call or order to covered active
duty) in the Armed Forces.
Under certain conditions, an employee may use the 12 weeks of FMLA leave intermittently. An employee may
elect to substitute annual leave and/or sick leave, consistent with current laws and OPM's regulations for using
annual and sick leave, for any unpaid leave under the FMLA. (The amount of sick leave that may be used to
care for a family member is limited. See "Sick Leave to Care
for a Family Member with a Serious Health Condition") FMLA leave is in addition to other paid time
off available to an employee.
Job Benefits and Protection
- Upon return from FMLA leave, an employee must be returned to the same position or to an "equivalent
position with equivalent benefits, pay, status, and other terms and conditions of employment."
- An employee who takes FMLA leave is entitled to maintain health benefits coverage. An employee on
unpaid FMLA leave may pay the employee share of the premiums on a current basis or pay upon return to
work.
Advance Notice and Medical Certification
- An employee must provide notice of his or her intent to take family and medical leave not less than 30 days
before leave is to begin or, in emergencies, as soon as is practicable.
- An agency may request medical certification for FMLA leave taken to care for an employee's spouse, son,
daughter, or parent who has a serious health condition or for the serious health condition of the
employee.
Links
References
Public Law 103-3. February 5, 1999
5 U.S.C. 6381-6387;
5 CFR part 630, subpart L
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