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U.S. Department of Justice Human Resources Guidance

Family and Medical Leave Act (FMLA) Fact Sheet

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Policy An employee with at least 12 months service may use up to 12 workweeks of unpaid leave during any 12-month period for the following purposes:

  • birth and care of the employee's child1;


  • placing a child with the employee for adoption or foster care1;


  • care of any of the following family members who suffer from a serious health condition: spouse, son, daughter, or parent2; or


  • a serious health condition that makes the employee unable to perform the essential functions of the job.

1 limited to one 12-month period per son or daughter

2 The law and regulations define these relationships in more detail. FMLA does not include care for certain family members who are covered by family friendly leave --e.g., certain in-laws and persons related by affinity.

Effective date

Employees began using leave for these purposes effective August 5, 1993.
Substituting paid leave

The employee may elect to substitute annual or sick leave, including advanced leave, (under normal rules and limitations for each type of leave) for family and medical leave.
How leave may be taken

Family and medical leave may be taken in a continuous block, or under certain conditions--

  • on an intermittent basis,

  • by working a reduced schedule, or

  • can be taken in addition to other paid time off available to an employee, unless the employee specifically invokes the FMLA for the time period requested.

Note:  After an absence on family and medical leave, an employee is normally entitled to return to the same or an equivalent position.
Relationship to sick leave for adoption Sick leave for the care of an adopted son or daughter who becomes ill or requires medical examination or treatment (except examination or treatment that is part of the official adoption process which is covered under the regulations governing the use of sick leave for adoption) is subject to the limitations in family friendly leave.

An employee may use family and medical leave to care for an adopted son or daughter during the initial 12-month period after birth even if the son or daughter is not suffering from a serious medical condition.

An employee caring for an adopted son or daughter who is experiencing a medical emergency may apply to receive annual leave donations under the voluntary leave transfer and/or leave bank programs, if the employee has exhausted available paid leave and expects at least 24 hours unpaid absence.

Documentation An employee must notify management of his or her intent to take family and medical leave at least 30 days in advance (or, when the need for leave is not foreseeable, as soon as practicable).

Management may require written medical certification for family and medical leave taken:

  • to care for an employee's spouse, son, daughter, or parent who has a serious health condition, or


  • due to the employee's serious health condition.
Tracking

Timekeepers manually track family and medical leave usage in "Remarks" on the Time and Attendance Report. This data will be input into the NFC payroll system after payroll codes are issued.

References

Law:  title 5, United States Code, sections 6381-6387

Regulations:   Title 5, Code of Federal Regulations, part 630, subpart L

Note:  A few employees--e.g., Presidential appointees--
are covered by the Labor Department's regulations in Title 29, Code of Federal Regulations, part 825

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Last Updated June 7, 1999
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