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SPD > Policies & Procedures > Family & Medical Leave Family & Medical Leave

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The Family and Medical Leave Act of 1993, as amended in 2008, allows eligible employees of a covered employer to take job-protected, unpaid leave, or to substitute paid leave if earned or accrued.

Qualifying Events

Leave may be taken for the following qualifying events:

  1. Birth of a child.
  2. Placement of a child for adoption or foster care.
  3. For the care of a spouse, child or parent who has a serious health condition.
  4. The serious health condition of the employee which prevents the employee from performing the essential functions of his/her job.
  5. Because of a qualifying exigency arising out of the fact that the employee’s spouse, child or parent is on covered active duty or call to covered active duty status.  
  6. For the care of a covered servicemember with a serious injury or illness.

Eligibility

To be eligible for family medical leave employees must have:

  • Been employed in an agency under the executive authority of the governor for at least 12 months (consecutive or non-consecutive).
  • Have worked at least 1,250 hours in the 12-month period immediately preceding the need for family-medical leave.
  • Have not exhausted their allotment of family-medical leave in the applicable time period.

Applying for Family Medical Leave

To apply for family medical leave, the appropriate forms must be submitted within specific time periods.

Please note:
If the need for leave is foreseeable, requests must be submitted at least 30 days prior to taking the leave, or if this is not possible, on the same or next business day of learning of the need for leave. Documentation supporting the need for foreseeable leave must be submitted prior to the beginning of the leave, but in no circumstances later than 15 calendar days after notice of the need for leave.

If the need for leave is not foreseeable, requests must be submitted in accordance with general leave request policies – 15 minutes before the shift or one hour before shift in a 24/7 operation - barring extenuating circumstances which prevent notice by the employee, or employee’s spokesperson, within that time frame. Documentation supporting the need for unforeseeable leave must be submitted no later than 15 calendar days after the beginning of the leave.

Important FMLA documents

State's FML Policy Statement
Responsibilities and Procedures
These documents explain how family-medical leave is administered by the state of Indiana

US Department of Labor’s Notice to Employees of Rights under the FMLA
This document is required by the US DOL to be provided to employees of covered employers. The state of Indiana is a covered employer.

Disability Forms

If there is a chance that a leave for the employee’s own serious health condition may last more than 30 calendar days, then the employee should apply for the state’s Short/Long Term Disability Plan by completing and submitting the following six forms.

Frequently Asked Questions

Training materials and opportunities

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