The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
- Twelve workweeks of leave in a 12-month period for:
- the birth of a child and to care for the newborn child within one year of birth;
- the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
- to care for the employee’s spouse, child, or parent who has a serious health condition;
- a serious health condition that makes the employee unable to perform the essential functions of his or her job;
- any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
- Twenty-six workweeks of leave during a single 12-month period to care for a covered service-member with a serious injury or illness if the eligible employee is the service-member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
If the person needing leave can answer ‘yes’ to all of the following questions, they may qualify for FMLA:
- Have you been employed with Dan’s Management Company for at least 12 months? This does not need to be a continuous 12 months.
- Have you worked for at least 1,250 hours during the last 12 months?
- Are you requesting leave for:
- a serious health condition for yourself, your spouse, your child, or your parents OR
- birth or adoption of a child or the placement of a foster child OR
- a qualifying exigency arising out of active duty
If they can answer ‘yes’ to all of those questions then notify HR via e-mail, firstname.lastname@example.org, along with any medical notes
If they cannot answer ‘yes’ to all of those questions but still require time off for a FMLA qualifying event then HR will still need to be notified. We may need to send a letter of termination to the employee. This will notify them that when they’re ready to return they can reapply. If there is a position available then the manager may rehire if they choose to.
Notifying Human Resources
Human resources should be notified as soon as the employee is aware of the qualifying event, or at least 30 days prior to the event, if applicable.
If the event is unforeseeable, then the employee must give notice as soon as it is reasonably possible.
If an employee is going to be incapacitated for three (3) consecutive days or more then a FMLA request form should be completed and emailed to HR.
All employees who may need to request leave must submit a FMLA request to HR.
Forms and Extra Information
You can find more in depth information on FMLA in the Employee Handbook, including details about benefits while on leave and being reinstated when you are ready to return. We urge you to review this material in the handbook.
Information on the FMLA procedure can be located here – DMC FMLA Procedure
The Family and Medical Leave request form can be found here – FMLA Request Form
FMLA – KNOW YOUR RIGHTS
Temporary Disability Insurance / Temporary Caregiver Insurance
Rhode Island employees who require more than five business days of medical or family leave may be eligible for payments under Rhode Island Temporary Disability Insurance (TDI) or Rhode Island Temporary Caregiver Insurance. These are government-run programs and are not affiliated with Dan’s Management. Leave is not based on your qualifications for these programs. More information on RI TDI/TCI please visit the Rhode Island Department of Labor and Training website – found here.