Family Medical Leave Act General Guidelines

Updated 10/08/04

The Family Medical Leave Act (FMLA) of 1993 protects employee's rights by providing unpaid leave with job protection to employees in certain specified instances so that they may address their own health needs or the needs of children or seriously ill or injured family members who require emotional, medical and other types of support

Eligibility: All government employees with at least 12 months of service who are covered by Title 5 and the annual and sick leave program are eligible except: temporary employees serving an appointment under 12 months, intermittent employees, D.C. Government employees and those covered under Title 1.

Requirements: FMLA Leave may be used for:

• Birth of a son or daughter of the employee, placement of children with employee for adoption or foster care (both parents are eligible in these cases).
• Care of spouse, son, daughter, or parent of the employee with a serious health condition.
• A serious health condition of the employee that makes the employee unable to perform the essential functions of his or her position.

A serious health condition is defined as a condition that:

• Involves a period of incapacity or treatment that extends over 3 days and requires continuing treatment by a physician or in a hospital, hospice, or residential medical facility.
• Requires treatment by a health care provider for a long-term or chronic condition that is incapacitating for more than three calendar days

Leave Entitlement

• Eligible employees are entitled to 12 administrative workweeks of   *unpaid leave during any 12-month period starting the first day of FMLA Leave.
• *Note: An employee may elect to substitute annual leave and/or sick leave, consistent with current laws and regulations, for any unpaid leave under the FMLA.
• Under certain conditions, FMLA leave may be taken intermittently, or the employee may work under a work schedule that is reduced by the number of hours of leave taken as family and medical leave.

FMLA Leave Notification and Enactment

•  Your servicing personnel office and supervisor must be consulted about FMLA leave at least 30 days prior to leaving, except in an emergency, and receive a completed copy of the OPM  Form 71 (Formerly Standard Form SF-71).
• Employees are entitled to come back to the same position, status, pay etc. when returning from Family Medical Leave.

For additional information contact: Vanessa Lewis at 202-482-8327 or e-mail Vanessa_Lewis@ita.doc.gov.