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9.3 SR 12-21-2020
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9.3 SR 12-21-2020
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counted in determining the 1,250 hours eligibility test for an employee under the Family and <br />Medical Leave Act (FMLA). <br />Leave will be granted to all eligible employees for any of the following reasons: <br />■ The birth of a child, including prenatal care, or placement of a child with the employee for <br />adoption or foster care. <br />■ To care for a spouse, child, or parent who has a serious health condition. <br />■ Due to a serious health condition that makes the employee unable to perform the essential <br />functions of the position. <br />■ A covered military member's active -duty call to duty, or to care for a covered military member <br />(Military Caregiver and Qualified Exigency Leave, described below). <br />Definitions <br />Caring - Psychological as well as physical care. It also includes acquiring care and sharing care duties for a <br />covered family member. <br />Eligible child - A person under 18 years of age or a person incapable of self -care because of a physical or <br />mental disability who is a biological, adopted, foster, or stepchild, a ward of the employee, or a person <br />with whom the employee is charged with a parent's rights, duties, and responsibilities. <br />Spouse - Does not include domestic partners or common-law spouses. <br />Eligible parent - A biological parent or a person who was charged with parental rights, duties, and <br />responsibilities over the employee when the employee was under the age of 18; does not include in-laws. <br />Serious Health Condition - As defined under the FMLA means an illness, injury, impairment, or physical <br />or mental condition that involves one of the following: <br />■ Period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a <br />hospital, hospice, or residential medical care facility. <br />■ Period of incapacity due to pregnancy, prenatal medical care, or childbirth. <br />■ Period of incapacity of more than three consecutive calendar days that also involves continuing <br />treatment by or under the supervision of a health care provider (Absence plus treatment). <br />■ Incapacity from a chronic condition which requires periodic visits for treatment by a health care <br />provider continues over an extended period and may cause episodic rather than a continuing <br />period of incapacity. <br />■ Permanent/long-term conditions requiring supervision. <br />■ Period of absence to receive multiple treatments (including any recovery period therefrom) by a <br />health care or service provider under orders of, or on referral by, a health care provider. <br />Length and Amount of Leave <br />The length of FMLA leave shall not exceed twelve (12) weeks in any twelve (12) month period. The leave <br />year is calculated on a rolling year basis measured backwards from the time the employee uses leave. <br />The entitlement to FMLA leave for the birth or placement of a child for adoption expires twelve (12) <br />months after the birth or placement of that child. <br />How Leave May be Taken <br />FMLA leave may be taken in consecutive weeks, intermittently (a day periodically as needed), or may be <br />used to reduce the workweek or workday, resulting in a reduced hour schedule. In all cases, the leave may <br />not exceed a total of twelve (12) workweeks. <br />20 <br />
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