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Legal Basis: OPM Regulation: Most DOT employees are covered by Title II of the Family and Medical Leave Act (FMLA). There may be some employees eligible under Title I of the FMLA as defined below. While most of the entitlements are the same there are distinct differences between the two sections. This document will focus on the requirements and procedures for employees covered under Title II. If you believe your employee is that applies to DOT employees. Most DOT employees are covered by Title II of the FMLA. To be eligible under this section employees must: · earn sick and annual leave; and · have completed 12 months of service (not required to be 12 recent or consecutive months). Intermittent employees and employees serving under temporary appointments of less than one year are covered by Title I. Employees covered by this section must: · Have been employed by the Federal Government for at least 12 months; and · Have been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of FMLA leave; Eligible employees are entitled to use a total of 12 administrative workweeks or 480 hours of leave without pay in a 12-month period for the following purposes: · Birth of Child of employee (father and/or mother) and care of such child (entitlement may begin before birth or placement date of child and ends 12 months after birth or placement date) · Adoption or foster care placement of a child with the employee · The care of a spouse, son, daughter, or parent of the employee, if such spouse, son, daughter or parent has a serious health condition · Serious health condition of employee that makes employee unable to perform one or more of the essential functions of employee's position. A part-time employee is entitled to leave under FMLA calculated on an hourly basis that will equal 12 times the average number of hours in the employee's regularly scheduled administrative workweek - for example: if the employee works 20 hours per workweek, the employee is entitled to 240 hours of leave under the Family and Medical Leave Act. The 12-month period begins on the date an employee first takes leave for family or medical needs under the FMLA and continues for 12 months, e.g., If the 12-month period begins on September 7, 1998, the last day family or medical leave can be used is 12 months later on September 6, 1999.
An employee is not entitled to 12 additional workweeks of leave until the previous 12-month period ends and an event or situation occurs that entitles the employee to another period of family or medical leave.
The 12-month period for birth, adoption, or foster care may begin prior to the actual birth or placement. If the new parent invokes leave under the FMLA prior to the date of birth or placement, the first 12-month period begins on the date the employee first uses FMLA leave and runs for the next 12 months. Holidays that occur during the period in which the employee is on FMLA may not be counted toward the 12-week entitlement to FMLA. Benefits and Job Protections: FMLA leave does not include intangible or immeasurable aspects and does not protect the employee from RIFs or expired appointments. Additionally, an employee's request for and or use of leave under the FMLA does not prevent an agency from taking appropriate action under 5 CFR part 432 or 5 CFR part 752. Pending adverse actions or performance-based actions may be taken and made effective even if the employee is taking FMLA leave. Adoption - Refers to a legal process in which an individual becomes the legal parent of another person's child. Foster Care - 24-hour care for children in substitution for, and away from, their parents or guardian. Such placement is made by or with the agreement of the State as a result of a voluntary agreement by the parent or guardian that the child be removed from the home, or pursuant to a judicial determination of the necessity for foster care, and involves agreement between the State and foster family to take the child. Serious Health Condition - An illness, injury, impairment, or physical or mental condition that involves: · any period of incapacity or treatment in connection with or consequent to inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; · any period of incapacity requiring absence from work, school, or other regular daily activities, of more than 3 consecutive calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider; or · continuing treatment by (or under the supervision of) a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than 3 consecutive calendar days; or for prenatal care. Continuing Treatment - One or more of the following situations where the employee or family member:
Employees invoking their entitlement to FMLA must provide 30 days notice when the need is foreseeable. If the need is foreseeable and the employee does not provide 30 days notice, management has the discretion to make the action effective 30 days after it was received. The employee may invoke his or her entitlement verbally or in writing. In the event that an employee's situation and documentation indicate that he or she is eligible for FMLA, management must ask the employee if he or she is invoking the entitlement.
In the event that the leave is unforeseeable, the employee must give notice as soon as possible. If necessary, notice may be given in writing by the employee's personal representative, e.g. family member. If the employee is unable to provide advance notice due to circumstances beyond the employee's control, the leave will not be delayed or denied.
Employees may not invoke FMLA retroactively unless the employee can prove that he or she and any personal representative were physically or mentally incapable of invoking the entitlement to FMLA. In this instance, the employee will have two days to invoke the entitlement to FMLA and fifteen days to provide the necessary medical certification.
Supervisors must inform employees of their entitlement to the Family and Medical Leave Act. If a situation is appropriate for FMLA, the supervisor should ask the employee if he or she is invoking the entitlement to FMLA leave. A supervisor may not put an employee on FMLA and may not subtract leave from an employee's entitlement to FMLA unless the supervisor has obtained confirmation from the employee of his or her intent to invoke FMLA. Agency must allow employees to substitute annual leave, comp time, credit hours and applicable sick leave at the employee's request. With the employee's permission, a DOT authorized health care provider health care may contact the employee's health care provider to clarify medical information pertaining to the condition. The information of the medical certification must relate only to the serious health condition for which the current need for family and medical leave exists. If the validity of the submitted medical certification is in question, DOT may request a second and third opinion at its expense. DOT may also require subsequent medical re-certification, at its own expense, on a periodic basis, but not more than once every 30 calendar days for leave taken for purposes relating to pregnancy, chronic conditions, or long-term conditions as defined in the definition of serious health condition. Supervisors may request return to duty certification in accordance with 5 CFR 630.1208 from employees in positions that have specific medical standards, physical requirements, or who are covered by a medical evaluation program at agency expense. Requests must be made before leave commences or to the extent practicable in emergency situations.
Supervisors are responsible for sending Employee Letters and other pertinent information to employees at home while they are out on family and medical leave. Supervisors are responsible for ensuring that family and medical leave is properly entered into the payroll system and for ensuring that the entitlement is not exceeded. |
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