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UPE News Item

Family Medical Leave Act (FMLA)  Frequently Asked Questions


·       What is a Serious Health Condition Under FMLA?

o   A “serious health condition” is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. The “continuing treatment” test for a serious health condition under the regulations may be met through (1) a period of incapacity of more than three consecutive, full calendar days plus treatment by a health care provider twice, or once with a continuing regimen of treatment, (2) any period of incapacity related to pregnancy or for prenatal care, (3) any period of incapacity or treatment for a chronic serious health condition, (4) a period of incapacity for permanent or long-term conditions for which treatment may not be effective, or (5) any period of incapacity to receive multiple treatments (including recovery from those treatments) for restorative surgery, or for a condition which would likely result in an incapacity of more than three consecutive, full calendar days absent medical treatment.

·       I was gone for 3 days with a cold and when I got back my supervisor gave me FMLA paperwork?

o   Serious Health Conditions lasting more than three days may qualify for FMLA and some employers require supervisors to provide FMLA paperwork for any absence of three days or more.  It is up to the worker to determine if they should apply for FMLA.

·       How long do I have to work before I am eligible for FMLA?

o   12 Months

·       How many hours do I get?

o   12 weeks of leave per 12 month period.

·       I just used all my FMLA hours, how long do I have to wait to apply again? 

o   12 months from the date you started your last FMLA period.  You must also work 1250 hours during that period.  Contact HR for precise dates. 

·       I have more than one serious health condition; can I have more than one FMLA?

o   Yes but you only get 12 weeks of leave regardless of many certifications you submit?

·       My spouse and I both work for County/Court can we each get FMLA for our disabled child?

o   Yes, but you have to share the 12 weeks of protected leave.

·       Can I get paid during FMLA?


o   FMLA is unpaid time off but you can use your leave balances while on FMLA time.  If the leave is for the care of a newborn or newly adopted child you may be eligible for EDD payments under Paid Family Leave up to 40% of your salary.

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