Office of the Secretary - Administration

FMLA OVERVIEW

The Family and Medical Leave Act of 1993 (FMLA) is a United States federal law requiring covered employers to provide employees job-protected and unpaid leave for qualified medical and family reasons.

The FMLA provides eligible employees up to 12 weeks of unpaid leave for qualifying family and medical reasons in a 12-month period from the first date of FMLA leave use.

Effective January 16, 2009, FMLA leave eligibility has been extended to include "Qualifying Exigency Leave" i.e., leave for employees to manage their affairs while a covered family member prepares for (or is on) active duty in the National Guard and Reserves. Effective March 8, 2013, FMLA "Qualifying Exigency Leave" covered family member has been extended to include Regular Armed Forces. The FMLA now also provides for up to 26 workweeks of "Military Caregiver Leave" i.e., leave for employees during a single 12-month period to care for a covered military family member and covered veteran.

Employees approved for FMLA must use available leave. "Employees shall be required to use available accrued annual leave and sick leave while on FMLA with the exception of one work week of annual leave and one work week of sick leave, which they may elect to retain for use upon return to work" (Merit Rule 5.7).

Foreseeable Leave - Employee should give 30 days' notice, or as soon as practicable.

Unforeseeable Leave - Notify the ACT Case Management Team as soon as practicable.

hrm.omb.delaware.gov/labor/fmla/index.shtml

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FMLA OVERVIEW

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