FMLA

WHAT IS FMLA LEAVE?

FMLA (Family and Medical Leave Act) leave provides job-protected leave to eligible employees. “Job protected” means that your job or a substantially equivalent job will be held for you while you are on FMLA leave and that your absences will not be counted against you in any way. Another benefit of FMLA is that the County will continue to pay your portion of medical and dental benefits if you exhaust your paid leave benefits and go on FMLA leave without pay.

To be eligible for FMLA, you must have worked for Wake County for at least 12 months at some time in the past as a regular or temporary employee on Wake County payroll AND have worked at least 1,250 hours during the previous 12-month period.

FMLA leave is available for up to 12 weeks in a rolling 12 month period the following reasons:

• absence from work due to a serious health condition that makes you unable to perform your job.
• absence from work to care for your spouse, dependent child, or parent who is unable to care for him/herself because of a serious health condition;
• absence from work to care for or bond with a child after birth, placement for adoption or foster care placement; or
• absence from work because of a “qualifying need” to spend time with a spouse, child, or parent who is on or has been called to active duty.

In addition, the Family and Medical Leave Act provides caregiver FMLA leave for up to 26 weeks in a single 12 month period under the following circumstance:

Absence from work to care for a spouse, child, parent or next of kin who is an Armed Forces service member recovering from a serious illness or injury incurred in the line of duty while on active duty.

Wake County policy requires that paid leave run concurrently with FMLA leave, which means leave balances will decrease with FMLA leave use. An employee must exhaust available paid leave before going on FMLA leave without pay in accordance with County Policy.

The law requires that you be given FMLA when appropriate. Your supervisor may ask you to take FMLA, even if you have not applied for the leave. So, if you think you qualify for FMLA leave, speak with your supervisor and he/she will give you a letter and a medical certification form (WH-380) for you to take to your doctor.

For questions about FMLA or how your benefits may be affected by FMLA, please contact the Benefits staff in HR at 856-6090. (View the poster below in PDF format)