Family Medical Leave Act (FMLA)
The Family and Medical Leave Act provides unpaid, job-protected leave for certain family member and medical reasons to eligible employees in accordance with the federal Family and Medical Leave Act of 1993, as amended (“Federal FMLA”), the District of Columbia Family and Medical Leave Act (“DC FMLA”), and other applicable law.
If you are taking leave and meet the requirements below, contact Michael Jackson, FMLA Coordinator, for information on how to initiate the application process. Michael can be reached at firstname.lastname@example.org and 202-687-2516.
To see if you should apply for FMLA, complete the FMLA Questionaire and return to email@example.com.
Federal FMLA Leave
Eligibility: An employee is eligible for Federal FMLA leave if he or she (i) has completed 12 months of service with the University (which need not be consecutive, and includes periods of paid and unpaid leave), (ii) has worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave; and (iii) works at a location where at least 50 employees are employed by the University within 75 miles.
Federal FMLA provides eligible employees with up to 12 workweeks of leave combined during any 12- month period when leave is taken for one or more of the following reasons:
- The birth of a Son or Daughter of an employee and to care for the child within one year of birth.
- The placement with an employee of a Son or Daughter for adoption or foster care and to care for the newly placed child within one year of placement.
- To care for a Spouse, Son, Daughter, or Parent with a Serious Health Condition.
- A Serious Health Condition that makes the employee unable to perform the functions of his or her position.
- A qualifying exigency arising out of the fact that the employee’s Spouse, Son, Daughter, or Parent is a military member on Covered Active Duty, or has been notified of an impending call or order to Covered Active Duty status.
Consistent with Department of Labor regulations, a qualifying exigency includes: (1) short-notice deployment; (2) military events and related activities; (3) childcare and school activities; (4) financial and legal arrangements; (5) counseling; (6) rest and recuperation; (7) post-deployment activities; (8) parental care; and (9) additional activities to address other events which arise out of the Covered Servicemember’s active duty or call to active duty status, provided that both Georgetown and the employee agree that such leave shall qualify as an exigency, and agree to both the timing and duration of such leave.
Federal FMLA also provides eligible employees with up to 26 workweeks of leave combined during any 12-month period to provide care for a Covered Servicemember with a Serious Injury or Illness if the employee is the Spouse, Son, Daughter, Parent, or Next of Kin of the Covered Servicemember.
DC FMLA leave
Eligibility: An employee is eligible for DC FMLA leave if he or she (i) has been employed by the University for at least one year without a break in service except for regular holiday, sick or personal leave and (ii) has worked at least 1000 hours during the 12-month period immediately preceding the request for family or medical leave.
DC FMLA provides eligible employees with up to 16 workweeks of family leave and up to 16 workweeks of medical leave during any twenty-four month period.
Family leave can be taken for one or more of the following reasons:
- The birth of a Child of the employee within one year of birth.
- The placement of a Child with an employee for adoption or foster care within one year of placement.
- The placement of a Child for whom the employee permanently assumes and discharges parental responsibility within one year of placement.
- The care of an employee’s Family Member who has a Serious Health Condition.
Medical leave can be taken for a Serious Health Condition that makes the employee unable to perform his or her job functions.
Temporary DC FMLA Amendment due to COVID-19
During the public health emergency, under the DC FMLA, an employee who has worked for 30 days for an employer of any size may use up to 16 weeks of “COVID-19” leave for expanding reasons as outlined in this notice from the District of Columbia.
The right to COVID-19 Leave terminates when the public health emergency ends, even if an employee has not exhausted the 16-week entitlement.
Coordination of Federal FMLA and DC FMLA Leave
Federal FMLA and DC FMLA run concurrently and cannot be used consecutively if leave is covered under both laws. In GMS, FMLA is tracked without distinction between Federal FMLA and DC FMLA, but the FMLA coordinator will be responsible for recording these distinctions outside of GMS as necessary.
Periods of FMLA leave may be used on an intermittent or reduced leave schedule if certified as medically necessary by the attending health care provider. During the initial review of the applicant’s request to go on FMLA, the FMLA Coordinator will determine if the applicant will be using intermittent FMLA after the initial period of the FMLA ends. For example, an employee goes on FMLA for 2 weeks to care for her father who has had major surgery but knows, and the Medical Certification Form has certified, that follow-up care is needed for 2 hours every other Friday at 3 o’clock. PLEASE NOTE: When follow-up care (intermittent FMLA) is needed, the start and end date of the FMLA period must be inclusive of the intermittent FMLA period. Thus, using this same example, the start and end date of the FMLA must include the initial 2-week period when the employee is not at work at all plus all subsequent weeks when follow-up care is needed, even though the employee is back to work after the 2-week period.