Job-Related FMLA Frequently Asked Questions

• Explain how to apply the absence control policy to an employee who has invoked protection under the FMLA.
• Must the employee's actual job be held while employee is on FMLA? Can an agency fill the job on a temporary basis?
• What happens if the employee is out of paid leave, the twelve (12) weeks FMLA period is about to expire, and the employee is still unable to return to work?
• What happens to an employee who has not been employed by the County for one (1) year and/or has not worked at least 1250 hours* in the past twelve (12) months? What options are available to an employee in the situation?
• When does an employee's twelve (12) month period begin for the purpose of determining FMLA leave usage?

Q. Explain how to apply the absence control policy to an employee who has invoked protection under the FMLA.

A. Step 1 of the absence control policy simply requires the supervisor to review and discuss sick leave usage with the employee. If the sick leave usage is for an FMLA protected reason, there will be no need to take additional steps. Supervisors should continue to ask for updates to medical.

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Q. Must the employee's actual job be held while employee is on FMLA? Can an agency fill the job on a temporary basis?

A. The FMLA provides that the employee be returned to the same position or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment, including duties and responsibilities. In most cases, the employee on FMLA will return to their same position. Agencies will not be allowed to fill positions of employees on FMLA on other than a temporary basis under most circumstances.

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Q. What happens if the employee is out of paid leave, the twelve (12) weeks FMLA period is about to expire, and the employee is still unable to return to work?

A. The employee should be advised to apply for a leave of absence under the County's general leave of absence policy.

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Q. What happens to an employee who has not been employed by the County for one (1) year and/or has not worked at least 1250 hours* in the past twelve (12) months? What options are available to an employee in this situation?

A. The employee may use available leave (earned and anticipated) if approved by the agency. The employee may request an unpaid leave of absence under the County's general leave of absence policy.
*1250 - hours of actual work excluding all leave time, holidays, and normally scheduled days off, whether paid or unpaid.

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Q. When does an employee's twelve (12) month period begin for the purpose of determining FMLA leave usage?

A. Each employee's twelve (12) month FMLA period begins when the employee first uses leave under the FMLA, and is measured forward. Therefore, an employee would be entitled to 12 weeks of leave during the year beginning on the first date FMLA leave is taken. The next 12 month period would begin on the first date FMLA leave is taken after completion of any previous 12 month period.

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Revised December 28, 2004