Employee Relations

Family and Medical Leave Act (FMLA)

FMLA Eligibility and Qualification Requirements

The Family and Medical Leave Act (FMLA) is a benefit that allows qualified employees to have up to 12 weeks of leave per fiscal year. The law allows eligible employees to take job-protected leave for the birth or adoption of a child, for the care of a child(under the age of 18), spouse or parent with a serious health condition, for the employee’s own serious health condition, or for the care of a covered military service member.

Employees must qualify for leave under the FMLA before such leave can be granted; two criteria must be met:

  1. Employees must have a total of at least 12 months of state service (excludes breaks in state service greater than seven (7) years, with the exception of military service)

    2. and

  2. Must have physically worked 1,250 hours with the state within the 12 months prior to the need for FMLA leave.

Note: Full time, Part time, and Temporary staff employees are eligible for FMLA leave if the above requirements are met.

Serious Health Condition, Defined:

An illness, injury, impairment or physical/mental condition that involves:

  1. An overnight stay in a hospital, hospice or residential medical care facility, including any period of incapacity or subsequent treatment in connection with the inpatient care

    2. or

  2. Continuing treatment by a health care provider, including:
    • incapacity of more than three consecutive full calendar days and any subsequent treatment or period of incapacity relating to the same condition that involves treatment two or more times by a health care provider;

      • and

    • treatment that results in a regimen of treatment under the provider’s supervision. Examples of a continuing regimen of treatment include physical therapy relative to the condition and prescribed medication other than over the counter medication.

(Updated 01/29/10)