FMLA FAQs
Family and Medical Leave Act (FMLA) Frequently Asked Questions
Q: What is FMLA?
FMLA refers to the Family and Medical Leave Act of 1993. This law requires covered employers, like HCCS, to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons.
Q: What is considered a valid family or medical reason under the FMLA?
Leave is granted for any of the following reasons:
To care for employee’s child after birth, adoption, or placement for foster care
To care for employee’s spouse, child, or parent who has a serious medical condition
For a serious health condition that renders an employee unable to perform his/her job
Q: Who is considered an "immediate" family member for purposes of taking FMLA leave?
An employee’s spouse, children (sons or daughters under the age of 18), and parents are immediate family members for purposes of FMLA. Children aged 18 or over, who are "incapable of self-care" because of mental or physical disability that limits one or more of the "major life activities" (as defined in regulations issued by the Equal Employment Opportunity Commission (EEOC) under the Americans With Disabilities Act (ADA)) are also included. The term "parent" does not include a parent "in-law".
Q: Are all HCC employees eligible to request FMLA leave?
Employees who have worked for HCC for at least 12 months and have worked for at least 1,250 hours over the previous 12 months are eligible to request FMLA leave.
Q: How much leave may be granted under FMLA?
If you are an "eligible" employee, you are entitled to up to 12 weeks of leave for certain family or medical reasons during a 12-month period.
Q: How is the 12-month period calculated under FMLA?
HCC utilizes a "rolling" 12-month period measured backward from the date an employee begins FMLA leave.
Q: Do the 12 months of service have to be continuous or consecutive?
No. The 12 months do not have to be continuous or consecutive; all time worked for HCCS is counted.
Q: 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 HCC. Paid leave and unpaid leave, including FMLA leave, are not included.
Q: How do I determine if I have worked 1,250 hours in a 12-month period?
Your individual record of hours worked (payroll time log) is used to determine whether the 1,250 hour threshold has been met. The following are some examples that meet the test for eligibility:
- 24 hours worked in each of the previous 52 weeks
- More than 104 hours worked in each of the previous 12 months
- 40 hours worked per week for more than 31 weeks (over seven months) of the year
Q: As a HCC employee, what must I do to request a FMLA leave?
When the need for leave is "foreseeable" (not an emergency situation), notify your supervisor and HR at least 30 days prior to the start of leave. If the need for leave is "unforeseeable" (such as a medical emergency), notify your supervisor of the need for leave as soon as practical, normally within two business days of the emergency.
Complete the HCC Request for Family or Medical Leave Application.
Have the health care provider complete and return to you, the Medical Certification Form. HR should receive the completed form, no later than 15 days from the date of your application for leave.
For adoptions and foster care requests, provide appropriate copy of adoption or custody agreement.
Q: Can HCC refuse to grant me FMLA leave?
If you qualify as an "eligible" employee who has met FMLA’s notice and certification requirements (and you have not exhausted your FMLA leave entitlement for the year), you may not be denied FMLA leave.
Q: Does the law guarantee paid time off?
No. The FMLA only requires unpaid leave. HCCS requires that an employee use all available leave (such as personal and catastrophic leave) for a given circumstance, in an order determined by HR policy. All paid leave is included in the 12-week FMLA leave entitlement. Employees receiving worker’s compensation benefits are an exception to this rule.
Q: Will I lose my job if I take FMLA leave?
Generally, an employee’s job is protected while on FMLA leave. It is unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided under this law. HCCS cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions.
HCC may deny reinstatement to work to "key" employees. A "key" employee is defined as a salaried FMLA eligible employee who is among the highest paid ten percent of all HCC employees.
Q: In order to be granted leave for a serious health condition, am I required to share my medical records with HCC?
No. You do not have to provide medical records. For any leave taken due to a serious health condition, you must provide a medical certification, completed by your health care provider, confirming that a serious health condition exists.
Q: What are my responsibilities as an employee during my FMLA leave?
During your FMLA leave, your supervisor will be in contact with you to verify the status of your leave. Upon returning to work, you must provide to your supervisor a medical certificate of fitness for duty (also known as an unconditional medical release).
Q: What about my benefits coverage during FMLA leave?
A HCC employee retains all benefits coverage, except disability coverage, that he/she had while actively working. Upon return to work, disability coverage is automatically reinstated without evidence of insurability or additional pre-existing conditions exclusions. While on leave, employees are entitled to the state contribution for benefits and must continue to pay the employee’s out of pocket premiums.
