1005 Family and Medical Leave

Pregnancy and/or birth of the employee’s child.

Care of the employee’s newborn child.

The placement of a child with the employee for adoption or foster care, and to care for the child after placement.

A serious health condition which makes the employee unable to perform the essential functions of the position; or,

Care of the employee’s child, spouse, stepchild, or parent who has a serious health condition.

An employee whose spouse, (also including same-sex spouse), son, daughter or parent either has been notified of an impending call or order to active military duty or who is already on active duty may take up to 12 weeks of leave for reason related to or affected by the family member’s call-up or service when it constitutes a qualifying exigency.

Qualifying exigencies include: (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, and (8) additional activities to address other events that arise out of the covered service member’s active duty or call to active duty status, provided that DHS and employee agree that such leave shall qualify as an exigency and agree to both the timing and duration of the leave. The leave may commence as soon as the individual receives the call-up notice.

An employee may take up to 26 weeks of FMLA in a 12-month period to care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the service member.

“Child” means a biological child, adopted or foster child, stepchild, regardless of whether the in loco parentis requirement of providing day-to-day care or financial support for the child is met, legal ward, or a child of an employee standing in in loco parentis who is either under age 18 or is age 19 or older and incapable of self-care because of mental or physical disability. This age limit does not apply for purposes of military Family and Medical Leave.

“Family member” means the employee’s spouse, child, or parent.

“Parent” means a biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a child under age 18. “In loco parentis” means having day-to-day responsibility ties to care for and financially support a child. “Parent” does not include parents-in-law.

“Spouse” means a husband or wife as defined or recognized in the state where the individual was married and includes individuals in a common law marriage or same-sex marriage. The place where the marriage was entered into (referred to as a “place of celebration” rule) rather than the law of the employee’s state of residence.

Common Law Marriage: The new proposed rule would also extend FMLA to common law spouses in all 50 states, as long as the relationship is legally recognized in at least one state. This includes live-in relationships between same sex and opposite sex couples.

“Next-of-kin are the closest blood relative of the injured or recovering service member other than the covered service member’s spouse, parent, or children.

“Covered active duty” means deployment to a foreign country as a member of the regular Armed Forces or as a result of a federal call to active National Guard or Reservist military duty in support of a contingency operation.

Have been employed with State government for a minimum of twelve (12) months, whether consecutive or non-consecutive, within the past seven (7) years.

Time worked for the State of Georgia in any employment capacity will count toward meeting the eligibility requirements. Such employment includes full-time, part-time, temporary, seasonal, and sporadic employment, whether paid on a salaried or hourly basis, and previous employment with a temporary services agency on assignment with the state.

Have been present at work for a minimum of 1,250 hours during the twelve (12) months immediately preceding the beginning of the FMLA leave (does not include holidays or time away from work on paid or unpaid leave); and

Have a qualifying reason for taking FMLA leave.

FMLA leave to care for a family member with a serious health condition ends if the family member dies. The date of death is the last day that qualifies for FMLA leave.

Authorized officials may approve leave after the date of death of an employee’s family member in accordance with DHS Policy #1006: Absence from Work.

A leave of absence without pay may also be considered in accordance with DHS policy.

Bonding with the employee’s newborn child within twelve (12) months from date of birth; or

Placement of a child with the employee for adoption or foster care, or to care for the child within twelve (12) months after placement; or

Care of an individual who stood in loco parentis or the employee’s biological parent who has a serious health condition.

Each spouse is entitled to use the difference between the amount of FMLA leave each has taken individually for one of the above reasons.

Inpatient care in a hospital, hospice, or residential medical care facility, including any period of incapacity or any further treatment in connection with inpatient care.

Continuing treatment by a health care provider which includes one (1) or more of the following:

Doctor of Medicine or osteopathy.

Podiatrists, dentists, clinical psychologists, optometrists.

Chiropractors.

Nurse practitioners, nurse-midwives, clinical social workers.

Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts.

Any health care provider from whom the Department or the State Health Benefit Plan will accept certification of the existence of a serious health condition to substantiate a claim for benefits; and,

Health care providers listed above who practice in a country other than the United States.

The twelve (12) or twenty-six (26) workweeks of FMLA leave are based on an employee’s regular work schedule. If a holiday(s) occurs during a week of FMLA leave, the holiday(s) counts toward FMLA leave as if it were a workday.

Under the rolling twelve-month period, each time an employee takes FMLA leave for any reason except military caregiver leave, DHS will measure the 12-month period backward from the date the employee uses any FMLA leave. Each time the employee takes FMLA leave, DHS will compute the amount of leave the employee has taken within the current FMLA year and subtract it from the 12 weeks of available leave, and the balance remaining is the amount of leave available to the employee for the duration of the eligibility year.

For military caregiver leave only, DHS will measure the rolling 12-month period going forward. The leave year is based on a single 12-month period and begins with the first day the employee takes leave. Any FMLA already taken for other FMLA circumstances will be deducted from the total twenty-six (26) weeks available.

Intermittent leave is leave taken in separate blocks of time due to a single qualifying reason (e.g., morning sickness, prenatal examinations).

A reduced leave schedule reduces employees' normal work hours per work week or per workday.

The alternative position must have equivalent pay and benefits but is not required to have equivalent duties.

Employees must not be transferred to alternative positions in order to discourage the use of FMLA or to positions that represent a hardship (e.g., employees may not be transferred to a less desirable shift.)

When the need for intermittent leave or a reduced leave schedule ends and employees are able to return to their normal work schedules, they must be returned to their former positions or equivalent positions.

Employees must give supervisors or authorized officials adequate notice (usually thirty [30] calendar days) when FMLA is foreseeable.

When thirty (30) calendar days advance notice is not possible, employees must give supervisors or authorized officials notice as soon as they become aware that FMLA is necessary. FMLA may be delayed when adequate notice is not provided.

If FMLA is foreseeable based on planned medical treatment, employees must make a reasonable effort to schedule the FMLA, subject to the approval of the attending health care provider, when the operations of the work unit will not be unduly disrupted.

Beginning and ending dates of requested FMLA.

Request for use of annual, sick and/or personal leave or leave without pay; and,

Reason for the FMLA. The reason for the absence must be explained in order to determine whether the absence qualifies for FMLA.

When FMLA for a serious health condition is foreseeable, this certification should be provided before the absence begins.

When it is not possible to provide this certification before the absence begins, employees must provide the certification within fifteen (15) calendar days of the date it is requested.

Whether the employee meets the employment eligibility criteria for Family and Medical Leave.

Whether the employee has any remaining Family and Medical Leave available.

The employee’s rights and responsibilities for taking Family and Medical Leave.

If the employee did not submit supporting documentation with a request for Family and Medical Leave OR if sufficient information is not available to determine whether FMLA should be approved, the Department should include in this notice any requirement to provide the necessary documentation and give a deadline for submission that is at least fifteen (15) calendar days after the notice is provided to the employee. During this period of time, authorized officials may conditionally approve the FMLA contingent upon receiving the required documentation.

When the employee’s designated FML Specialist or authorized officials (e.g., Human Resources Representative) learn that an employee is eligible for FMLA during a period of absence, any portion of the absence from work that qualifies for FMLA should be designated as such. When FMLA is designated, medical certification is still required to confirm that the absence qualifies as FMLA.

Generally, absences from work may not be retroactively designated as FMLA after an employee has returned to work. However, FMLA may be designated retroactively under the following circumstances:

When the reason for the absence is known beforehand by the Department (e.g., pregnancy/childbirth), employees are not to be retroactively placed on FMLA after they return to work. However, if the Department does not timely designate FMLA leave, the Department may retroactively designate the absence as FMLA leave if the employer provides appropriate notice to the employee and the retroactive designation does not cause harm or injury to the employee.

Catastrophic Injury or Illness – Means a life-threatening injury or illness of an employee or member of an employee’s immediate family, including only a child, parent, spouse or “next of kin” for covered service member which totally incapacitates the employee from work, as verified by a licensed physician, beyond the allotted six (6) months of LOA and three (3) months of Contingent Leave.

Contingent Leave - In order to qualify an employee or member of an employee’s immediate family, including only a child, parent, spouse or “next of kin” for covered service member must be experiencing an illness which prevents the employee from working, as verified by a licensed physician. Leave of absence without pay is similar to a regular leave of absence, but only allows the employee to take three (3) months of unpaid leave (six (6) months if catastrophic illness/injury applies) and does not guarantee a position will be available for the employee’s return.

Leave of Absence - In order to qualify an employee or member of an employee’s immediate family, including only a child, parent, spouse or “next of kin” for covered service member must be experiencing an illness which prevents the employee from working, as verified by a licensed physician. Allows an employee who has been employed with State government for a minimum of six (6) continuous months immediately prior to requesting a Leave of Absence (LOA) to take paid/unpaid time off for up to six (6) continuous months and be granted return to work if the employee returns within the terms of the leave approval.

Designate LOA then Contingent Leave

Move to LOA then Contingent Leave

Ineligible for LOA then Contingent Leave

Absences due to morning sickness and other pregnancy related absences (including the two [2] weeks immediately before delivery) generally qualify for use of sick leave by female employees.

The first six (6) weeks following the birth of a child generally qualify for use of sick leave by the employee giving birth. Additional use of sick leave due to the birth of a child must be supported by a medical statement. Fathers would generally be eligible to use sick leave if their presence is needed due to the serious health condition of an eligible family member.

Employees on FMLA without pay must complete and submit the following forms to their designated Human Resources Representative.

Employees with at least one (1) year of participation in the Group Term Life Insurance Program under the Employees' Retirement System (ERS) may retain coverage while on FMLA without pay. A request to continue coverage must be made in writing to ERS prior to beginning the FMLA without pay. Coverage terminates if this written request is not received.

Employees do not retain this entitlement if at the expiration of FMLA they are unable to perform the essential functions of the position, with or without reasonable accommodation, due to physical or mental condition.

Employees on FMLA do not have greater rights to return to work than they would have if they had continuously remained at work. For example, employees who are on FMLA during a staff reduction do not have a right to return to work if they are laid off due to the staff reduction.

Absences due to morning sickness and other pregnancy related absences (including the two [2] weeks immediately before delivery) generally qualify for use of sick leave by female employees.

The first six (6) weeks following the birth of a child generally qualify for use of sick leave by the employee giving birth. Additional use of sick leave due to the birth of a child must be supported by a medical statement. Fathers would generally be eligible to use sick leave if their presence is needed due to the serious health condition of an eligible family member.

Employees on FMLA without pay must complete and submit the following forms to Human Resources representative.

Employees with at least one (1) year of participation in the Group Term Life Insurance Program under the Employees' Retirement System (ERS) may retain coverage while on FMLA without pay. A request to continue coverage must be made in writing to ERS prior to beginning the FMLA without pay. Coverage terminates if this written request is not received.