E. Leave Entitlement

Table of Contents
  1. An eligible employee is entitled to 12 weeks of FMLA leave in a fiscal year for any one, or more, of the following reasons:
    1. The birth of a child and to care for the newborn child,
    2. The placement of a child for adoption or foster care
    3. To care for the employee’s spouse, child (under 18, unless incapable of self- care), or parent with a serious health condition
    4. Because of the employee’s own serious health condition
    5. Because of any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on covered active duty status.
  2. An eligible employee is entitled to up to a total of 26 weeks of leave in a single 12- month period to care for a covered service member with a serious injury or illness. The 12-month period begins on the first date the employee uses leave to care for the covered service member. During this period, an eligible employee’s leave entitlement is limited to a combined total of 26 weeks of FMLA leave for any qualifying reason.
  3. When both spouses are employed by the State, they are limited to a combined total of 12 weeks of FMLA leave in a fiscal year for leave taken for:
    1. The birth of the employees’ healthy child
    2. A bonding period
    3. Care for a healthy child after birth, adoption, or placement for foster care, or
    4. The care of a parent with a serious health condition.
    5. Where the spouses each use a portion of the total 12-week FMLA leave entitlement for either the birth of a child, for placement for adoption or foster care, or to care for a parent, the spouses would each be entitled to the difference between the amount he or she has taken individually and 12 weeks for FMLA leave for other purposes.
    6. When both spouses are employed by the State, they are each entitled to 12 weeks of FMLA leave in a fiscal year for leave involving the care of a son, daughter, or spouse with a serious health condition, or leave that involves the employee’s own serious health condition.
  4. If an employee unequivocally advises the employer in writing that he or she does not intend to return to work for a reason other than the immediate serious health condition, the employee’s entitlement to continued FMLA leave and associated benefits ceases.
  5. Leave may be taken on a continuous, intermittent, or reduced schedule basis. This leave may be paid or unpaid.