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The Family and Medical Leave Act ("FMLA") provides employees who meet certain criteria with up to 12 workweeks of unpaid, job-protected leave a year. Under certain conditions, employees may choose to use accrued paid leave (such as sick or vacation leave) to support their FMLA leave to remain in a paid status.
The FMLA provides employees to leave for one or more of the following reasons: for the birth of a son or daughter, and to care for the newborn child; for placement of a child for adoption or foster care; for the employee's own serious health condition; and to care for a certain immediate family member with a serious health condition.
Military Family Leave Entitlements. Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use military leave entitlement to address certain qualifying exigencies.
The FMLA Tool will help you determine if you qualify or not.
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How to apply for FMLA?
Employee must complete/submit:
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Leave Request Form (HRSF0003). Employee may be required to provide advance notice and medical certification (30 days advance notice when the leave is "foreseeable").
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Medical certification issued by a Health Care Provider for any leave relating to an employee's or family member's serious health condition
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You are allowed 15 calendar days to obtain the medical certification.
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Legal documentation is required to substantiate the adoption or placement of a foster care child in your care.
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For employees requesting military leave, this should be supported by an appropriate certification
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Procedure
Mail Form to:
HRS Time and Attendance
390 Administration Building ZIP 0751
If you need any additional information, please contact us at
hrs_timeatt@notes.cc.sunysb.edu
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Qualifying Exigencies
For qualifying exigencies arising out of the fact that the employee's spouse, son, daughter, or parent is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation. Under the terms of the statute, qualifying exigency leave is available to a family member of a military member in the National Guard or Reserves; it does not extend to family members of military members in the Regular Armed Forces.
Qualifying exigencies include:
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Issues arising from a covered military member's short notice deployment (i.e., deployment on seven or less days of notice) for a period of seven days from the date of notification;
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Military events and related activities, such as official ceremonies, programs, or events sponsored by the military or family support or assistance programs and informational briefings sponsored or promoted by the military, military service organizations, or the American Red Cross that are related to the active duty or call to active duty status of a covered military member;
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Certain childcare and related activities arising from the active duty or call to active duty status of a covered military member, such as arranging for alternative childcare, providing childcare on a non-routine, urgent, immediate need basis, enrolling or transferring a child in a new school or day care facility, and attending certain meetings at a school or a day care facility if they are necessary due to circumstances arising from the active duty or call to active duty of the covered military member;
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Making or updating financial and legal arrangements to address a covered military members absence;
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Attending counseling provided by someone other than a health care provider for oneself, the covered military member, or the child of the covered military member, the need for which arises from the active duty or call to active duty status of the covered military member;
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Taking up to five days of leave to spend time with a covered temporary, rest and recuperation leave during deployment;
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Attending to certain post-deployment activities, including attending arrival ceremonies, reintegration briefings and events, and other official ceremonies or programs sponsored by the military for a period of 90 days following the termination of the covered military member's active duty status, and addressing issues arising from the death of a covered military member;
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Any other event that the employee and employer agree is a qualifying exigency.
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Covered Servicemember
A covered servicemember 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. A serious injury or illness is that was incurred by a servicemember in the line of duty on active duty that may render the servicemember medically unfit to perform the duties of his or her office, grade, rank, or rating.
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Paid Leave: State Professional
Under certain conditions, employees may choose to use concurrently accrued paid leave (such as sick or vacation leave) to cover some or all of the FMLA leave to remain in a paid leave status.
If you need any additional information, please contact us at (631) 632-6181 or hrs_timeatt@notes.cc.sunysb.edu
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Paid Leave: State Classified
Under certain conditions, employees may choose to use concurrently accrued paid leave (such as sick or vacation leave) to cover some or all of the FMLA leave to remain in a paid leave status.
If you need any additional information, please contact us at (631) 632-6189 or hrs_timeatt@notes.cc.sunysb.edu
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