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FAMILY AND MEDICAL LEAVE ACT (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law that entitles an eligible employee with a qualifying leave event to job protected leave of up to 12 or 26 work weeks.

An initial request for "FMLA leave" or a request for leave that may qualify for FMLA protections (see QUALIFYING LEAVE EVENTS) should be reported to your agency's appropriate group (e.g., human resources) as soon as possible.

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QUALIFYING LEAVE EVENTS

Leave events qualifying for up to 12 work weeks of leave:

  • Birth of a son or daughter or to bond with the newborn son or daughter;
  • The placement (or a need for leave for the placement to proceed, such as counseling sessions or travel due to an overseas adoption) with an employee of a son or daughter for adoption or foster care and to bond with the newly placed son or daughter;
  • Caring for a spouse, child1  or parent1  who has a serious health condition;
  • Employee's own incapacity due to a serious health condition; or
  • Issues arising out of the fact that an employee's spouse, son or daughter or parent is a military member on qualifying active duty or a call to qualifying active duty.

Leave event qualifying for up to 26 work weeks of leave:

  • Caring for a military member (or qualifying veteran) with a serious injury or illness if the eligible employee is the servicemember's spouse, son, daughter, parent or next of kin.

AGENCY APPROVAL

FMLA leave is approved by your agency's appointing authority or designee (e.g., human resources).

APPROVING/REJECTING LEAVE AFTER AGENCY APPROVAL

Code or verify coding of a timesheet in NEATS based on information provided by your agency's group responsible for FMLA administration (e.g., human resources).

Technical (step-by-step) guide: See the NEATS Timekeeping procedure (01.30.10) and NEATS tutorials.

When determining whether to APPROVE or REJECT a leave request or a leave entry on a timesheet consider the following factors:

  • Does the employee have sufficient accrued leave of the type being requested?
  • Is the reason stated for the leave an authorized use of that type of leave (in statute, regulation or policy)?
  • Do the notes (yellow sticky note image link on the timesheet) agree with the hours requested and information entered in the Additional Description: field?
  • Will you be violating any regulations or policies by approving or rejecting the leave?

 See your agency's policies, procedures or regulations for any agency specific processes (e.g., required hard copy form).  See the NEATS Handbook for applicable payroll code(s).

OTHER

NAC 284.5811 states that the leave of an employee who is eligible and has a qualifying FMLA leave event due to a workers' compensation injury or illness "will be designated as leave pursuant to the Family and Medical Leave Act".

FORMS

ADDITIONAL RESOURCES

ASSOCIATED TOPICS