Under the State Family Leave Law, an employee may be eligible for family leave and may use accumulated sick leave credits of up to four (4) weeks for the birth or adoption of a child, or to care for his / her child, spouse, or parent with a serious health condition.

To be eligible for State Family Leave benefits, an employee must have worked for at least six consecutive months with the State and work on a schedule of at least 50% full-time equivalency (FTE).

When the necessity for family leave is foreseeable, the employee must provide the employer with prior notice of their intended leave.

Under the Federal Family and Medical Leave Act (FMLA), an employee may be eligible for up to 12 weeks of unpaid FMLA leave during any 12-month period, which is defined as a calendar year for State employees. An employee may be eligible for the following reasons:

• Birth of a child;
• Placement of a child with the employee for adoption or foster care;
• To care for the employee’s child, spouse, or parent with a serious health condition;
• If the employee suffers from a serious health condition that makes him / her unable to perform one or more of the essential functions of the job.

To be eligible for FMLA benefits, an employee must have worked for the State for at least 12 months (need not be consecutive) and worked at least 1,250 hours over the 12-month period immediately preceding the request for leave.

An employee may be required to provide:

• 30 days advance notice of the need to take FMLA leave;
• Medical certifications and recertification;
• A second or third medical opinion; and
• Periodic reports regarding status and intent to return to work.

If the leave is due to personal illness, the employee may be required to submit a Fitness-for-Duty certificate before returning to work.