Request for leave under this Article must specify if the leave requested is FMLA or FEFFLA and will be in writing in advance when possible. Use of the SF-71 is an acceptable method of written request.

Section 1. Family and Medical Leave Act of 1993

A. Pursuant to the Family and Medical Leave Act (FMLA) and its implementing regulations, an eligible employee who has completed at least twelve (12) months of service as an employee shall be entitled to a total of twelve (12) administrative workweeks of leave without pay (LWOP) during any twelve-month (12) period for one or more of the following reasons:

1. The birth of a son or daughter of the employee and the care of such son or daughter;

2. The placement of a son or daughter with the employee for adoption or foster care;

3. The care of a spouse, son, daughter, or parent of the employee who has a serious health condition; or

4. A serious health condition of the employee that makes the employee unable to perform the essential functions of their position.

B. If leave taken under this Act is foreseeable based on an expected birth, placement for adoption or foster care or planned medical treatment, the employee shall provide notice to Management of their intention to take leave not less than thirty (30) days before the date the leave is to begin. If the date of the circumstances requires leave to begin within thirty (30) days, the employee shall provide such notice as is practicable.

C. An employee can substitute accrued annual or sick leave, consistent with current laws and regulation, for any part or all of the twelve-week (12) unpaid leave entitlement.

D. If the need for leave taken under this Act is foreseeable based on planned medical treatment, the employee shall consult with Management and make a reasonable effort to schedule medical treatment so as not to unduly cause disruption to the operations of the unit, subject to the approval of the health care provider.

E. An employee may be required to provide acceptable medical documentation as provided by the law.

F. An employee who takes FMLA leave is entitled to continue their health benefits coverage. An employee may pay the employee share of the premiums on a current basis or pay upon their return to work.

G. An employee who takes FMLA leave is entitled to be returned to the same or equivalent position, with equivalent benefits, pay status, and other terms and conditions of employment.

Section 2. Federal Employees Family Friendly Leave Act of 1994

A. Pursuant to the Federal Employees Family Friendly Leave Act and its implementing regulations, employees may use sick leave in order to:

1. Provide care for a family member who is incapacitated as a result of physical or mental illness, injury, pregnancy, or childbirth;

2. Provide care for a family member as a result of medical, dental, or optical examination of treatment; or

3. Make arrangements necessitated by the death of a family member or attend the funeral of a family member.

B. A covered full-time employee may use forty (40) hours of sick leave each leave year for these purposes. An employee is entitled to use an additional sixty-four (64) hours per leave year provided the employee maintains a balance of at least eighty (80) hours of sick leave.

C. Part-time employees may also use sick leave for these purposes. The amount of sick leave permitted under the Act is prorated in proportion to the average number of hours of work in the employee's scheduled tour of duty each week.

D. A family member is defined as:

1. Spouses, and parents thereof;

2. Children, including adopted children and spouses thereof;

3. Parents;

4. Brothers and sister, and spouses thereof; and

5. Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

E. An employee may be required to provide acceptable documentation as provided by the law.