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May Human Resources Advisor Volume 2, Issue 5

Family Medical Leave Act

The Family and Medical Leave Act (FMLA) entitles most Federal employees up to twelve (12) workweeks of unpaid leave, Leave Without Pay (LWOP), during a twelve (12) month period for:

  • the birth of a son or daughter of the employee and the care of the child;
  • the placement of a son or daughter with the employee for adoption or foster care;
  • the care of a spouse, son, daughter, or parent of the employee who has a serious health condition; or
  • a serious health condition of the employee that makes the employee unable to perform the essential functions of his/her position.

An employee may also request to use paid leave (annual or sick leave) as appropriate, for any portion of Leave Without Pay (LWOP).,/p>

A "Family member" is defined as a:

  • spouse, and parents thereof;
  • children, including adopted children, and spouses thereof;
  • parents;
  • brothers and sisters, and spouses thereof; and
  • any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

A serious health condition includes, but is not limited to, the following conditions:

  • cancer;
  • heart attack;
  • stroke;
  • severe injuries;
  • Alzheimer's disease;
  • pregnancy;

The term serious health condition is not intended to cover short-term conditions involving a brief recovery, the common cold, an upset stomach, earaches, or routine dental issues, unless complications arise.,/p>

Job Benefits and Protection: When returning from an absence under the FMLA, 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.,/p>

Additionally, an employee who takes FMLA leave is entitled to keep health benefits coverage. An employee on unpaid FMLA leave can arrange to pay the employee share of the premiums of health insurance with payroll on a regular basis or upon return to work.,/p>

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 possible.,/p>

How do you apply?,/p>

To apply for an absence under the FMLA, complete an OPM-71, Request for Leave or Approved Absence, and attach medical documentation to support the absence. Medical documentation must include the diagnosis, prognosis, duration or expected duration if exact dates are unknown, of absence, and expected date of return to duty. Submit the OPM-71 to the immediate supervisor for approval. The Employee Relations Section will review absences of LWOP of thirty- (30) calendar days or more.,/p>

Questions: For more information about the Family and Medical Leave Act, please contact the DoDEA, Human Resources Regional Service Center, Employee Relations Section at (703) 696-1681/82/83.,/p>

References: DoDEA Regulation 5630.9, 5 USC Part 630,/p>