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 utilizing short-term disability or exhausts his or her balance of paid leave.

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.


Beginning September 29, 2017, the County has updated the FML process.  Employees still have to complete 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 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.

FMLA Eligibility Determination Request Form

For more information on FMLA, contact Rhonda Majzer in the Benefits Division at 501-5231 or [email protected].  We are making updates to our process based on questions and feedback we receive, and welcome questions and input from employees and supervisors.