The National Defense Authorization Act for FY 2008 (NDAA), Public Law 110-181, amended Family Medical Leave Act (FMLA) to allow eligible employees to take up to 12 weeks of job-protected leave in the applicable 12-month period for any "qualifying exigency" arising out of the active duty or call to active duty status of a spouse, son, daughter, or parent.
The NDAA also amended the FMLA to allow eligible employees to take up to 26 weeks of job-protected leave in a "single 12-month period" to care for a covered service member/veteran with a serious injury or illness.
Leave with or without pay that is used for an FMLA-qualifying reason will be counted against the annual FMLA entitlement of 12 or 26 workweeks leave. Leave for employees who work less than full-time will be pro-rated. All accrued sick leave and vacation leave shall be used prior to the use of leave without pay for all leave that meets FMLA criteria.
The use of intermittent leave or reduced leave may be taken for a qualifying exigency arising out of the active duty status or call to active duty of a covered military member; or whenever medically necessary to care for a covered servicemember/veteran with a serious injury or illness. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer's operations. An employee returning from FMLA leave will be returned to the same or equivalent position, including the same shift or equivalent schedule. Benefits accrued prior to leave will be retained at the same levels upon return to work.
An employee is eligible for leave under FMLA if he or she:
An employee is entitled to use leave under FMLA when taken:
Qualifying exigencies include one or more of the following:
* A covered servicemember is defined as a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.
** A veteran is defined as undergoing medical treatment, recuperation or therapy for a serious injury or illness incurred or aggravated in the line of duty and that manifested before or after the veteran left active duty as long as the veteran was a member of the Armed Forces, National Guard or Reserves within 5 years of requiring care.
** Next of kin is defined as the nearest blood relative, other than the covered servicemember's/veteran's spouse, parent, son, or daughter, in the following order of priority: a blood relative who has been designated in writing by the servicemember as the next of kin for FMLA purposes, blood relatives who have been granted legal custody of the servicemember/veteran by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative. When no such designation is made and there are multiple family members with the same level of relationship to the covered servicemember/veteran, all such family members shall be considered next of kin.
You must give 30 days notice or as much notice as feasible if family and medical leave is to begin in less than thirty (30) days.
To request FMLA leave due to a qualifying exigency, you must complete a FMLA Leave Request Form and a Certification of Qualifying Exigency for Military Family Leave.
To request FMLA leave due to a serious injury or illness of a covered servicemember/veteran, you must complete a FMLA Leave Request Form and a Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave. Section II of this certification must be completed by a United States Department of Defense ("DOD") Health Care Provider or a Health Care Provider who is either:
Failure to provide the required information within fifteen days would result in denial of FMLA and absence would not be protected. HRS will advise the employee of deficiencies in the information and will provide a reasonable opportunity (an additional fifteen days) to provide the information.
Human Resource Services will review requests for family and medical leave to determine if the request is for an FMLA-qualifying absence. You will be notified after your request is reviewed. If your request is not approved, you may appeal in writing to the appropriate Vice President or Department Head (in the President's Division).
If you are on either leave with pay or without pay for an FMLA-qualifying reason, your group health insurance will continue as if you were actively at work.
If you are on leave with pay (using sick leave, vacation leave or comp time), premiums will continue to be deducted from your paycheck if the paycheck is sufficient to take the deduction.
If you are on authorized leave without pay for an FMLA-qualifying reason or if your check is not sufficient to cover the premiums, the following will apply: