Family Medical Leave Act (FMLA)
Basic Leave Entitlement:
FMLA requires employers to provide up to 12 weeks of unpaid, job-protected leave to Eligible Employees for the following reasons:
- For incapacity due to pregnancy, prenatal medical care or child birth;
- To care for the employee's child after birth, or placement for adoption or foster care;
- To care for the employee's spouse, child (son or daughter), or parent, who has a Serious Health Condition; or
- For a serious health condition that makes the employee unable to perform the employee's job.
Military Family Leave Entitlement:
Eligible employees with a spouse, son, daughter, or parent on active duty or call for active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember
or covered veteran during a single 12-month period.
A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious illness or injury incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.
A veteran who is undergoing medical treatment, recuperation, or therapy
for a serious injury or illness is a covered veteran if he or she:
a member of the Armed Forces (including a member of the National Guard or
• was discharged or released under conditions other than
• was discharged within the five-year period before the
eligible employee first takes FMLA military caregiver leave to care for him
* For a veteran who was discharged prior to March 8, 2013, the
effective date of the FMLA Final Rule, the period between October 28, 2009
and March 8, 2013 will not count towards the determination of the five-year
period. For example, if a servicemember retired on October 28, 2007, he or
she would have had three years remaining of the five-year period on October
28, 2009. The family member requesting FMLA leave will have three years to
begin military caregiver leave starting on March 8, 2013. Likewise, if a
servicemember was discharged on December 1, 2010, the five-year period will
begin on March 8, 2013 and extend until March 8, 2018.
Employees are eligible if they have worked for a covered employer for at least one year and for 1250 hours over the previous 12 months.
Actions by Employee:
|Apply for FMLA due to Employee's Serious Health Condition
|Apply for FMLA due to Family Member's Serious Health Condition
|Apply for Military Family Leave based on addressing certain Qualifying Exigencies of a family member in the National Guard or Reserves who is on active duty or is called to active duty.
|Apply for Military Family Leave for employee who is the spouse, child, parent or Next-of-kin of a covered servicemember who is recovering from a serious illness or injury sustained in the line of duty on active duty.
|Apply for Military Family Leave for an employee who is the spouse,
son, daughter, parent, or Next-of-kin
of a covered veteran with a serious injury or ilness.
Actions by Employer:
|Respond to an employee's request for FMLA benefits
|Designate leave as FMLA
FMLA and Childbirth:
Checklist of procedures
AU FMLA Policy:
- WH380E - Certification of Health Care Provider for Employee's Serious Health Condition
- WH380F - Certification of Health Care Provider for Family Member's Serious Health Condition
- WH381 - Notice of Eligibility and Rights & Responsibilities
- WH382 - Designation Notice
- WH384 - Certification of Qualifying Exigency for Military Family Leave
- WH385 - Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave
- WH385V - Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave
- HR8 - Report and Application
- WH1420 - Employee Rights and Responsibilities Under FMLA
Please contact Lindsey Johnson
(334-844-1577) for questions or requests for FMLA.
Last updated: 7/1/2015