Family & Medical Leave Act (FMLA)
The federal Family & Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees with approved Family Medical Leave may take up to 12 weeks of job-protected leave in a 12-month period.
Henrico County is a covered employer under the FMLA. The County provides an additional one week of Family Medical Leave, for a total of 13 weeks. FMLA leave runs concurrently with the use of an eligible employee’s accrued paid leave, as applicable, (i.e. sick leave, annual leave, etc., in accordance with current leave policies), and during the receipt of any disability/insurance plan payments (i.e., short-term disability or workers compensation). A period of FMLA leave will be unpaid if the employee is receiving payable short-term disability benefits through MetLife or exhausts his or her balance of paid leave.
FMLA Process Overview
The colored boxes below provide general information to walk an employee through the initial request for FMLA leave. It is a step-by-step guide that will help navigate the sometimes complicated FMLA process.
Employees should begin the FMLA consideration process by completing the Eligibility Form, so you can receive notice of your rights and responsibilities under FMLA, and learn whether or not you’re eligible to designate your leave as FML. Once Human Resources receives the Eligibility form, information and certification materials will be provided promptly. After that, it will be up to the employee to choose if you want to utilize FML or not. FML provides job protection and other benefits, however, in some cases, you may decide completing a Certification Form, and using FML, is not necessary or something you want to do.
It is important for employees and supervisors to remember the Eligibility Form must be completed within 5 days of knowing an absence could qualify. If an employee is unable to complete the Eligibility Form, the supervisor must do this for them. Also, employees are reminded to complete the Eligibility Form, and Certification Forms (if eligible) at least 30 days (but no more than 60 days) prior to a planned event or absence from work.
The Eligibility form is now automated through this Employee Portal, and is completely electronic in its submission.
Note: If you have difficulty submitting the form, please be sure you are using the Google Chrome web browser.
HR will email the employee within 5 business days with their eligibility determination and instructions for next steps. This communication is not an approval for FMLA leave.
If eligible and employee wishes to designate their leave as FMLA leave, the requested information or forms must be completed by your health care provider and returned to HR within 15 calendar days.*
*If the certification form is not returned to HR, the leave of absence is considered regular (non-FMLA) leave and documentation (i.e. doctor’s notes, etc.) may need to be provided to the employee’s department.
Once the requested information is returned, HR will determine if the condition is a covered condition under FMLA.
An emailed designation notice will be sent to the employee and supervisor advising of the approval or denial of FMLA leave to include information about timecard reporting, benefits continuation, and returning to work.
FMLA Basics FAQs
Below are answers to frequently asked questions (FAQs) that include details about criteria and eligibility under current FMLA regulations
Eligible employees may be entitled to take leave to:
- Care for a parent, child, or spouse with a serious health condition;
- Care for and bond with a newborn, adopted, or foster child recently placed with you;
- Recover from your own serious health condition (including pregnancy); or
- To deal with certain obligations (including childcare and related activities) arising from a spouse, parent or child being on, or called to, active duty in the military. For workers whose spouse, child, parent or next of kin is a member (or in certain cases, a veteran) of the armed services with a serious illness or injury incurred in the line of duty on active duty, the FMLA provides up to 26 weeks of unpaid leave per year.
- First, you must have worked for the County for at least 12 months (need not be continuous or consecutive).
- Second, you must have worked for the County for at least 1250 hours in the past 12 months (sick pay, vacation or other leave hours don’t count as hours worked).
- Third, you must not have exhausted your FMLA leave entitlement for the applicable 12-month period.
- Henrico County uses a “rolling” 12-month period measured backward from the date an employee uses FMLA leave, often called the “lookback” method, to calculate employees’ leave entitlement.
- Each time an employee takes FMLA leave the remaining leave entitlement would be any balance of the 13 weeks which has not been used during the immediately preceding 12 months.
- For example, if an employee has taken eight weeks of leave during the past 12 months, an additional five weeks of leave could be taken. If an employee used five weeks beginning February 1, 2022, four weeks beginning June 1, 2022, and four weeks beginning December 1, 2022, the employee would not be entitled to any additional leave until February 1, 2023. However, beginning on February 1, 2023, the employee would again be eligible to take FMLA leave, recouping the right to take the leave in the same manner and amounts in which it was used in the previous year. Thus, the employee would recoup (and be entitled to use) one additional day of FMLA leave each day for five weeks, commencing February 1, 2023. The employee would also begin to recoup additional days beginning on June 1, 2023, and additional days beginning on December 1, 2023.
The list below describes the different types of conditions that are serious health conditions under the
FMLA. Serious health conditions may include conditions that involve an inpatient hospital stay or ones that include one or more visits to a health care provider and ongoing treatment. Chronic conditions and long-term or permanent periods of incapacity may also meet the requirements. Certain conditions
requiring multiple treatments may also be FMLA-qualifying.
The FMLA regulations specifically exclude the following conditions, unless inpatient care or complications develop that would meet the above criteria: cosmetic treatments, common colds, flu, ear aches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, and periodontal disease.
Inpatient Care
- An overnight stay in a hospital, hospice, or residential medical care facility.
- Includes any period of incapacity or any subsequent treatment in connection with the overnight stay.
Continuing Treatment by a Health Care Provider (any one or more of the following)
Incapacity Plus Treatment
A period of incapacity of more than three consecutive, full calendar days, and any subsequent
treatment or period of incapacity relating to the same condition, that also involves:
- Two or more in-person visits to a health care provider for treatment within 30 days of the first day of incapacity unless extenuating circumstances exist. The first visit must be within seven days of the first day of incapacity; or,
- At least one in-person visit to a health care provider for treatment within seven days of the first day of incapacity, which results in a regimen of continuing treatment under the supervision of the health care provider. For example, the health provider might prescribe a course of prescription medication or therapy requiring special equipment.
Pregnancy
Any period of incapacity due to pregnancy or for prenatal care.
*Leave due to the birth, adoption or placement for foster care of a child does not require medical necessity or any period of incapacity. FMLA leave is available for bonding with the baby/child.
See the Growing Your Family webpage for more resources and information.
Chronic Conditions
Any period of incapacity due to or treatment for a chronic serious health condition, such as diabetes,
asthma, migraine headaches. A chronic serious health condition is one which requires visits to a health
care provider (or nurse supervised by the provider) at least twice a year and recurs over an extended
period of time. A chronic condition may cause episodic rather than a continuing period of incapacity.
Permanent or Long-term Conditions
A period of incapacity which is permanent or long-term due to a condition for which treatment may
not be effective, but which requires the continuing supervision of a health care provider, such as
Alzheimer’s disease or the terminal stages of cancer.
Conditions Requiring Multiple Treatments
- Restorative surgery after an accident or other injury; or,
- A condition that would likely result in a period of incapacity of more than three consecutive, full calendar days if the employee or employee’s family member did not receive the treatment.
Additional Resources:
- FMLA Leave in Policies and Procedures, Section 8.19
- Employee/Employer Rights & Responsibilities
- Disability Insurance
- Growing Your Family
- Leave Without Pay
Reach out for more support
For more information on FMLA, contact Rhonda Majzer in the Benefits Division. We are making updates to our process based on questions and feedback we receive, and welcome questions and input from employees and supervisors.