When are employees eligible to take FMLA leave?
Employees are eligible for FMLA when they have been employed for one year and have worked 1250 hours in the 12 months proceeding the start date of intended leave.
Is an employee required to follow an employer’s normal call-in policy when taking intermittent FMLA?
Yes. The regulations make clear that if the employee fails to provide timely notice, the employee may be subject to disciplinary action.
Does an employee have to use his PTO/PIB time when on FMLA?
Yes, if available, the employee’s time needs to be coded with the appropriate FMLA codes.
What do I code if the employee has no PTO/PIB?
There is an unpaid FMLA code that should be used (FMLA).
Can FMLA be used during and after the birth of a child?
Yes. FMLA can be used for any prenatal care and incapacity related to pregnancy. A father can also use FMLA for pregnancy related care. If both parents work at DCH, they are allowed a combined total of 12 weeks.
Can an employee take FMLA for cosmetic surgery?
Generally not, unless complications develop that require an overnight stay in the hospital.
Is an overnight stay in the hospital covered as FMLA? Even if it is for one night?
Yes. Any overnight stay in the hospital is considered "inpatient treatment" and regardless of the underlying reason or condition for which the employee this would be covered.
Can an employee take FMLA for a grandchild?
Generally not, unless the employee has official custody or a history of providing significant care to the grandchild.
Can an employee take FMLA for his own medical condition after the death of a parent when the employee is on intermittent FMLA to care of that parent?
No. The approved intermittent leave would have ended at the time of death. The employee would have to reapply for FMLA for his/her own health condition.
Can FMLA be taken for in-laws?
No. An employee can take FMLA to care for his own parent, but not to care for his spouse’s parent.
What do I need to do when my employee is ready to return to work?
Contact the Leave Management Representative to assure that the employee has a doctor’s release and determine if a drug screen is required.
Can an employee take FMLA for visits for physical therapy?
Yes, if the care is ordered by a doctor.