In accordance with the Family and Medical Leave Act of 1993 (with revisions of February 2013), employees may be granted a personal leave of absence without pay for a period not to exceed twelve (12) weeks in a 12 month period.

Family Medical Leave may be granted in accordance with BLRL policies on the use of vacation leave, sick leave and leave without pay to eligible employees for the following reasons:

• For incapacity due to pregnancy, prenatal medical care or child birth,

• To care for employee’s child after birth, or placement for adoption or foster care,

• To care for employee’s spouse, son, daughter or parent, who has a serious health condition (as defined by FMLA Act),

• For a serious health condition (as defined by FMLA Act) that makes the employee unable to perform the employee’s job,

• For a qualifying emergency (as defined by FMLA Act) for employees whose spouse, son, daughter or parent is on covered active duty or call to covered active duty status.

Family Medical Leave up to 26 weeks in any single twelve (12) month may be granted in accordance with BLRL policies on the use of vacation leave, sick leave and leave without pay for the following reasons:

• To care for an employee’s spouse, child, parent, or next of kin who is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness (as defined by FMLA Act);

• To care for an employee’s spouse, child, parent, or next of kin who is a veteran who was discharged or released under conditions other than dishonorable at any time during the five (5) year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness (as defined by FMLA Act).

In order for an employee to be eligible for Family Medical Leave he/she must have worked for BLRL for at least 12 months and have worked at least 1,250 hours of service in the previous 12 months.

For determining the amount of leave available, BLRL will use a rolling twelve (12) month period, that is, a twelve (12) month period measured backward from the date an employee uses any FMLA approved leave. Each time approved FMLA leave is taken, the amount of available leave is computed by subtracting leave already taken during the preceding 12 months from the available weeks of leave and the balance remaining is the amount the employee is entitled to take for the current leave.

Employees must provide thirty (30) days advance notice of the need to take FMLA leave when the need is foreseeable. When thirty (30) days notice is not possible, the employee must provide notice as soon as feasible and must comply with BLRL’s normal paid leave policies.

The following are additional guidelines for FMLA usage:

• The employee will notify his/her supervisor by completing one of the following forms (www.wagehour.dol.gov):

  • WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition,

  • WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition,

  • WH-384 Certification of Qualifying Exigency for Military Family Leave,

  • WH-385 Certification for Serious Injury or Illness of Covered Service Member for Military Family Leave,

  • WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave.

• BLRL will provide form WH-381 (Notice of Eligibility and Rights & Responsibilities) within five (5) days of the receipt of employee’s request to provide notice that the leave qualifies, or does not qualify as Family Medical Leave (FMLA).

• An employee does not need to use this leave entitlement in one block. Family Medical Leave may be taken intermittently or on a reduced leave schedule when medically necessary. The employee must make a reasonable effort to schedule leave for planned medical treatment so as to not unduly disrupt the library’s daily operations. Leave due to qualifying emergencies may also be taken on an intermittent basis. Employees requesting intermittent leave or adjustment to work schedules will complete the applicable sections of the appropriate request form.

• An employee must first exhaust all paid leave, such as accrued sick, vacation, and/or holiday leave before applying for Family Medical Leave/Leave without Pay. The total unpaid leave may not exceed twelve (12) weeks in any rolling 12 month period or 26 weeks (Military Leave) in any rolling twelve (12) month period.

• If it is necessary for an employee to take leave without pay for Family Medical Leave, BLRL will continue to pay health insurance coverage and dental insurance for any employee, who is enrolled in the library’s health insurance plan. The employee will be required to pay his/her portion of the monthly health insurance premium.

• Employees who request personal leave (sick, vacation, FMLA, etc.) for a serious health condition, disability injury, or sickness must provide certification from their health care provider indicating that they are able to return to work with limited or no restrictions.

• When an employee returns from Family and Medical Leave, he/she will be reinstated to the same or equivalent job with the same pay, benefits and terms of employment.