Q. Is Accident Leave covered leave under the Family and Medical Leave Act?
A. Yes. Absences due to work related injuries or illnesses meeting the definition of "serious health condition" can and should be included as FMLA leave. Employees using "Accident Leave" should be provided with written notice and information regarding the Family and Medical Leave Act.
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Q. How often can and should an employee be required to submit updated medical certification?
A. An employee must initially provide medical certification fifteen (15) days from request for FMLA leave. Agency supervision cannot request updated medical certification more frequently than every thirty (30) days unless the current request is for a duration less than thirty (30) days. The exceptions would be if circumstances have changed significantly, information is received which casts doubt on the continuing validity of the certification, or the employee requests an extension of the leave. If the initial certification is for a minimum duration of greater than thirty (30) days, do not request re-certification until that minimum duration has passed, absent one of the aforementioned circumstances. Prior to return to work, release by the employee's health care provider must be presented. Supervisors can and should remain in contact with employees on FMLA on a regular basis to verify continuation of status.
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Q. Can leave be denied if the employee fails to provide the required medical documentation?
A. Yes. FMLA leave can be denied if the employee fails to explain the reason for requesting leave. The County must have sufficient information in order to determine whether or not the leave qualifies under FMLA. The County may delay the start of the FMLA leave if timely certification is not provided. If the employee fails to produce the certification, the leave is not FMLA leave. If leave provisionally approved as FMLA is not supported, the County may change the leave designation, and impose disciplinary sanctions as warranted.
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Q. Can the County deny an employee leave if they did not complete the application form but submitted appropriate medical documentation?
A. No. However, the employee can be subjected to disciplinary action for failure to follow a direct and reasonable order. The fact that an employee does not complete the County's FMLA application does not preclude our designation of such leave as FMLA as long as we have complied with the notice requirements.
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Q. What does a supervisor do if the employee does not want to provide the medical certification to the direct supervisor?
A. Advise the employee to contact the Office of Personnel at (410) 887-3120. The employee may submit the FMLA application to the supervisor and send the medical certification to the Office of Personnel. This medical certification is maintained in a file separate and apart from the employee's official personnel file.
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Q. Can an employee returning to work following the birth of a child choose to take unpaid FMLA leave one or more days a week (or otherwise intermittently) to allow for child care or normal bonding?
A. No. The County's FMLA leave policy does not provide for a full-time employee to use intermittent FMLA leave for child care purposes. Rather, the County's policy requires that FMLA leave taken for child care must be taken consecutively, in a block of time, and not used intermittently. There is no requirement, however that this block of FMLA time for child care be taken immediately. It can be used anytime during the child's first year.
This does not prohibit an employee, through mutual agreement with her supervisor, from using accrued vacation, compensatory or personal leave for one or more days per week for child care. This paid leave would not be considered FMLA protected leave and supervision is not obligated to approve leave usage in this manner.
An employee's entitlement to use leave for birth, adoption, and foster child placement expires 12 months from the birth or placement.
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Q. An employee on FMLA for medical reasons has exhausted earned sick leave, but still has earned vacation time. This employee wants to save vacation time to use after she returns. Can she do it?
A. No. County policy requires that an employee must use all allowable earned leave time prior to taking unpaid FMLA leave.
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Q. The employee has a seriously ill sibling (brother/sister) OR aunt/uncle OR grandparent. Can the employee use FMLA time to care for relatives other than spouse, child or parent?
A. No. The FMLA does not provide for leave to care for siblings, aunts, uncles, grandparents, in-laws or any relative not meeting the legal definition of spouse, child or parent.
The employee could request to use leave in accordance with the agency's policies for leave scheduling. The employee who does not have leave available may request a leave of absence under the County's general leave of absence policy.
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Revised December 28, 2004
Courthouse 