Extended Leave Policy (FMLA)

What Is FMLA Leave?

FMLA leave stands for the Family & Medical Leave Act of 1993. It was created to ensure that employees would not lose their jobs if they needed time off to take care of their own medical needs or those of their family. It is a federally protected right for U.S. employees.

Watch a 7-minute video explaining FMLA for employees.

FMLA Qualifying Event

• Health Condition: Because of the employee’s own serious health condition that renders the employee unable to perform an essential function of their position.
• Baby Bonding: To care for the employee’s newborn during the first 12 months following birth.
• Adoption or Foster Care: To care for a child during the first 12 months following placement with the employee for adoption or foster care.
• Caregiver for Family Member: To care for a spouse (of any gender), child, or parent (“covered relation”) with a serious health condition.
• Pregnancy or Childbirth: For incapacity due to the employee’s pregnancy, including prenatal care, pregnancy-related disability or child birth recovery.
• Qualifying Exigency Leave: To address certain qualifying exigencies when the employee’s spouse or child is on active duty or called to active duty status in the National Guard or Reserves in support of a contingency operation.
• Leave to Care for an Injured or Ill Servicemember: To provide care to a covered servicemember who has been rendered medically unfit to perform their duties due to a serious injury or illness incurred in the line of duty for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

What Does FMLA Cover?

FMLA provides employees covered by the law with up to 12 weeks of unpaid leave each year. This leave is job-protected, so when you return from leave, you'll still be employed. Additionally, health benefits must be continued for the employee and the employee's family. This means that the Overcomers must pay its share of health care benefits even while you're out on leave.

You can use the 12 weeks of FMLA leave all at once or as needed throughout the year. Just because you use six weeks of it now, it does not mean that you cannot use the other weeks later in the year. FMLA was designed to help families and recognizes that unforeseen circumstances don't only happen once a year.

Determining Eligibility, Based on Length of Service

• Has the employee worked for the business for at least 12 months in the last 7 years?
• Has the employee been paid by the business for at least 1,250 hours during the last 12 months before the start of the leave?
• Is this the employee’s only FMLA request in the past 12 months?

If the answer to all three of these questions is “yes,” the employee qualifies for length of service eligibility.

If the answer to any of these questions is “no,” then Overcomers Admin will determine if the employee is eligible for any leave under the FMLA at this time.

HR may send an appropriate Certification Form (i.e. WH-380-E) which certifies the employee’s qualified event.

FMLA and PTO (paid leave) Run Concurrently

Overcomers require employees to use some or all of their available paid leave (e.g., sick, vacation) during their FMLA leave. Any paid leave taken for this reason will also be designated as FMLA leave and counted against the amount of FMLA leave they have available to use in the applicable 12-month period.

FMLA Notice of Rights.pdf

WH-381 - Completed by Employer.pdf

How to change Emp Status

To change your employment status from Active to On Leave, please visit Staff >> Your Name >> Profile tab and click the button Going on Leave.