Sample Policy - Family and Medical Leave

Reference Number: 

Sample FMLA Policy:

Under the federal Family and Medical Leave Act of 1993 (FMLA), eligible county employees are entitled to take  up to twelve (12) workweeks of unpaid leave during each 12-month period beginning [insert one of the four 12-month periods chosen in accordance with the FMLA: the fiscal year, the calendar year, a “rolling” 12-month period measured backward from the date of the leave, or the 12-month period measured forward from the date of the leave] for the birth of a child, the placement of a child for adoption or foster care, a serious health condition of the employee that makes the employee unable to perform the functions of his or her job, or the serious health condition of a spouse, son, daughter or parent that requires the employee’s presence. Both male and female employees are eligible for leave in connection with the birth or placement of a child or a family illness, but special rules may apply if both husband and wife are county employees. Accrued paid leave may be substituted for unpaid FMLA leave in accordance with the county’s paid leave policies. Employees may be required to use their accrued paid leave prior to taking unpaid leave under the FMLA.

Eligible employees are those who have been employed by the county for at least 12 months, and who have worked at least 1,250 hours during the 12-month period immediately before leave is requested.

An employee must provide at least thirty (30) days advance notice of the need to take FMLA leave under normal circumstances. Medical certification also may be required.

Employees returning to work from FMLA leave will be restored to the same position or one with equivalent pay and benefits. Returning employees may be required to provide a certification of fitness for duty prior to being reinstated.

The FMLA also allows eligible employees to take up to twelve (12) workweeks of job-protected leave in the applicable 12-month period for a “qualifying exigency” arising out of the active duty or call to active duty status of a spouse, son, daughter, or parent, and up to 26 workweeks of job-protected leave in a single 12-month period to care for a covered servicemember with a serious injury or illness. Advance notice is required – at least thirty (30) days for foreseeable planned medical treatment and otherwise as soon as practicable. Certification of the need for leave may be required.

It is the policy of                 County to grant its employees leave in accordance with the requirements of the Family and Medical Leave Act. A copy of the FMLA Fact Sheet #28 setting  out the employee’s rights under the FMLA and Fact Sheet #28A setting out the employee’s rights to military family leave are  attached [attach copies of both FMLA Fact Sheets] to these policies, and employees may obtain additional copies of these documents  as well as additional information about the FMLA and their rights and obligations under that law from their supervisor, or by contacting _________________________ at (___) ________ [insert contact information for county attorney or some other knowledgeable person].

In addition to the FMLA, Tennessee has a leave law for adoption, pregnancy, childbirth and nursing an infant (T.C.A. § 4-21-408) which applies to all employers who employ 100 or more full-time employees at a job site or location. This state law allows employees who have been employed for twelve (12) months to take up to four (4) months of unpaid leave for adoption, pregnancy, childbirth and nursing the infant. To be eligible for this leave, the employee must give at least three (3) months advance notice, except in cases of medical emergency. This leave will run concurrently with any leave to which the employee may be entitled under the FMLA or otherwise. Subject to certain conditions, accrued paid leave may be substituted for the unpaid leave. Employees may obtain a copy of the Tennessee leave statute by contacting ______________ at (___) __________ [insert contact information for county attorney or some other knowledgeable person].