Administrative Bulletin 17 - Family Leave Flashcards
All Fire Department members are eligible for benefits under the City’s Family Leave Policy which reflects and encompasses:
- Pregnancy Disability Leave (Fair Employment and Housing Act FEHA)
- California Family Rights Act (CFRA)
- Federal Family and Medical Leave Act (FMLA) including Military Family Leave
- California Military Spouse Leave Act (CMSL)
Family/Medical Leave is employee leave for the purpose of:
-childbirth
-adoption
-foster care of a child
-serious health condition of either the employee or an immediate family member
Family leave pursuant to the Family and Medical Leave Act (FLMA) will be approved for any employee for up to?
4 months or 18 weeks (720 hours) during a 12 month period.
(Family/Medical Leaves are normally for continuous periods of time for each incident, however, Intermittent Leave is possible)
There are two types of Military Family Leaves available for employees:
FMLA - Military Caregiver Leave is for an eligible employee who may take up to 26 work weeks (1,040 hours) of UNPAID leave during a single 12-month period to care for a covered servicemember with a serious injury or illness.
FMLA - Qualifying Exigency Leave is for an eligible employee who may take up to 12 work weeks (480 hours) of FMLA leave for one or more “qualifying exigencies” arising from a covered military member who is on active duty status or has been notified of an impending call or order to active duty.
When does family medical leave begin?
Childbirth - physician note or at birth of child (employee’s choice)
Adoption/foster care - reasonably close to date child is adopted. Also granted for necessary matters related to adopting child.
Serious health condition of family member - employee’s choice
Military Caregiver/Exigency Leave - employee’s choice
A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves:
-Any period of incapacity
-Any absences to receive multiple treatments (including any period of recovery therefrom) by, or on a referral by, a health care provider for a condition that likely would result in incapacity or more than 3 CONSECUTIVE DAYS ABSENCE if left untreated
In order to be eligible for a Family/Medical Leave, an employee must have been employed continuously by the City for a period of one year, and have worked at least _____ hours (actual hours worked, not compensated time) during the 12 months immediately preceding the beginning of the leave.
1,040 hours
(Exception: Pregnancy Leave eligibility starts of first day of employment.)
In order to be eligible to take Military Caregiver Leave or Qualifying Exigency Leave, an employee must have been employed continuously by the City for a period of one year, and have worked at least ______ hours (actual hours worked, not compensated time) during the 12 months immediately preceding the beginning of the leave.
AND is the spouse, son, daughter, parent, or next of kin of a covered servicemember.
1250 hours
What are the two types of leaves provided for childbirth?
- Disability Portion - Covered under State’s FEHA Pregnancy Disability Leave and Federal FMLA Pregnancy Leave
- Bonding Portion - Covered under California Family Rights Act (includes adoption).
Both leaves: 4 months or 18 weeks (720 hours)
When an employee requests Family/Medical Leave, he or she must provide at least ____ calendar days notice when the leave is FORESEEABLE and indicate the reason for the requested leave
30 days.
(When not foreseeable, the employee must provide notice as soon as practicable… but not more than 2 business days after learning of need to take leave)
The initial request for a Family/Medical Leave may be oral, however, the employee must also submit and complete an F-225, through channels and the necessary Family Medical Leave Act forms.
The required FMLA forms are:
- Form Gen. 191- Employee Request for Family or Medical Leave
- Form Gen. 193- Certification of Health Care Provider (or the employee provides acceptable proof of medical documentation from a health care provider)
Procedure for Requesting Leave
An advanced copy of the required F-225 and Family Medical Leave Act (FMLA) forms with accompanying medical certification should be forwarded to the _______ to expedite processing.
Personnel Services Section
Employees who do not submit sufficient documentation for their absence are considered on unauthorized leave and the time is coded “______” on the timesheet.
Absent Without Leave (AW)
For ongoing conditions or when the duration of a condition is uncertain, in all cases (including intermittent FMLA leave) the employee may be required to provide medical recertification of his/her condition how often?
every six months.
SUPERVISORS must work with the employee who has requested Family / Medical Leave to ensure that the F-225 request is handled appropriately and the leave form and the medical certification form are properly completed and submitted through channels to _______.
the Fire Chief.
