Family Medical Leave

The Family Medical Leave Act (FMLA) provides up to 12 weeks or 480 work-hours of job-protected leave for the care and treatment of a serious health condition incurred by the employee, the employee's immediate family member or for the birth or adoption of a child.

This act is enforced by the U. S. Department of Labor, and sets forth specific responsibilities for employers. The city's FMLA policy provides for 12 weeks (480 work hours) of FMLA leave per "rolling" 12-month period measured backwards from the date an employee uses any FMLA leave. This leave may be taken all at once, or used intermittently. Intermittent leave may include a reduced work schedule.

For additional information on the Family Medical Leave Act, visit the U.S. Department of Labor.

Family Medical Leave Frequently Asked Questions

How does the city calculate the "rolling" 12-month FMLA period?

The city of Richmond uses the "rolling" method for determining the 12-month period in which the 12 weeks of leave entitlement occur. A "rolling" 12-month period is measured backward from the date an employee uses any FMLA leave. The rolling method is also commonly known as the "look-back" method. Using this method, the employer will look back over the last 12 months from the date of the request, add all FMLA time the employee has used during the previous 12 months and subtract that total from the employee's 12- week leave allotment.

Does the law guarantee paid time off?

No. The FMLA only requires unpaid leave. However, the city requires employees to exhaust all accumulated compensatory time and shared leave before taking family and medical leave without pay. Employees may use accrued paid leave such as vacation and sick leave (if applicable) for some or all of the FMLA leave period.

Which employees are eligible to take FMLA leave?

Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles.

Do the 1,250 hours include paid leave time or other absences from work?

No. The 1,250 hours include only those hours actually worked for the employer. Paid leave and unpaid leave, including FMLA leave, are not included.

Who is considered an "immediate family member" for purposes of taking FMLA leave?

An employee's spouse, son, daughter, and parents are immediate family members for purposes of FMLA.

The term "parent" does not include a spouse's parent.

The phrase son or daughter, as used above, has been defined by the Department of Labor to mean "a biological, adopted, or foster child, stepchild, a legal ward, or a child of a person standing in loco parentis, who is (A) under 18 years of age, or (B) 18 years of age or older and incapable of self-care because of mental or physical disability."

Can I take FMLA leave for visits to a physical therapist, if my doctor prescribes the therapy?

Yes. FMLA permits you to take leave to receive continuing treatment by a health care provider, which can include recurring absences for therapy treatments ordered by a doctor for physical therapy.

Do I have to give my employer my medical records for leave due to a serious health condition?

No. You do not have to provide medical records. The employer may however, request that for any leave taken due to a serious health condition, you provide a medical certification confirming that a serious health condition exists.

Can my employer require me to return to work before I exhaust my leave?

Subject to certain limitations, your employer may deny the continuation of FMLA leave due to a serious health condition if you fail to fulfill any obligations to provide supporting medical certification. The employer may not, however, require you to return to work early by offering you a light duty assignment.

Can my employer make inquiries about my leave during my absence?

Yes, but only to you.

Your employer may ask you questions to confirm whether the leave needed or being taken qualifies for FMLA purposes, and may require periodic reports on your status and intent to return to work. Also, if the employer wishes to obtain another opinion, you may be required to obtain additional medical certification at the employer's expense, or rectification during a period of FMLA leave.

The employer may have a specific health care provider contact your health care provider, with your permission, to clarify information in the medical certification or to confirm that it was provided by the health care provider. The inquiry may not seek additional information regarding your health condition or that of a family member.

Can my employer refuse to grant me FMLA leave?

If you are an eligible employee who has met the FMLA notice and certification requirements (and you have not exhausted your FMLA leave entitlement for the year), you may not be denied FMLA leave.

Are there any restrictions on how I spend my time while on leave?

Employers with established policies regarding outside employment while on paid or unpaid leave may uniformly apply those policies to employees on FMLA leave. Otherwise, the employer may not restrict your activities.

The protections of FMLA will not, however, cover situations where the reason for leave no longer exists, where the employee has not provided required notices or certifications, or where the employee has misrepresented the reason for leave.

How much leave may a husband and wife take if they are employed by the same employer?

A husband and wife who are eligible for FMLA leave and are employed by the same covered employer may be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is taken for the birth or adoption of the employee's son or daughter or to care for the child after birth; for the placement of a son or daughter with the employee for adoption or foster care, or to care for the child after placement; or to care for the employee's parent with a serious health condition.

If one spouse is ineligible for FMLA leave, the other spouse would be entitled to a full 12 weeks of FMLA leave.

Where the husband and wife both use a portion of the total 12-week FMLA leave entitlement for one of the purposes above, the husband and wife would each be entitled to the difference between the amount he or she has taken individually and 12 weeks for FMLA leave for a purpose other than those listed above.

For example, if each spouse took six weeks of leave to care for a healthy, newborn child, each could use an additional six weeks due to his or her own serious health condition or to care for a child with a serious health condition.

For additional information on the Family and Medical Leave Act, review Administrative Regulation 4.3 and visit the US Department of Labor.