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

Frequently Asked Questions - Leave Coordination

The material contained herein is intended to be advisory in nature. It does not create any rights not otherwise conferred upon state employees by Indiana statute, executive order or administrative rules. Similarly, it does not impose any obligation upon state agency, supervisor or any other state representative not otherwise mandated by applicable law.

For additional information visit http://www.dol.gov/

What is the purpose of the Family-Medical Leave Act?
It is intended to allow employees to balance their work and family life by taking reasonable unpaid leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition. The Act is intended to balance the demands of the workplace with the needs of families.

What does FML do?
FML preserves insurance benefits and employment during periods when an employee is in out-of-pay status.

Is FML paid time off?
NO. FML does not preserve income — unless an employee is concurrently using accrued leave or is in the benefit period of the disability program or workers' compensation, family medical leave is unpaid leave.

Which state employees may use FML?
State employees subject to the executive authority of the governor may use FML when the employee meets the following conditions:

  • Employed with the state of Indiana for 12 months;
  • Worked 1,250 hours in the preceding 12 month;
  • 12-week FML entitlement for the fiscal year (July 1 - June 30) has not been exhausted.

What events are covered?

  • Birth or placement of a child with the employee. Placement means adoption or foster care. It does not include custody of stepchildren.

  • Serious health condition

What family members are covered?

  • The eligible employee himself or herself (for a serious health condition or birth/placement of child).
  • The employee's spouse (for a serious health condition).
  • The employee's child (for a serious health condition).
  • The employee's parent (for a serious health condition).

What do spouse, parent, and son or daughter mean for purposes of an employee qualifying to take FML?

    Spouse means a husband or wife as defined or recognized under state law for purposes of marriage in the State where the employee resides.

    Parent means a biological, adoptive, foster parent, legal guardian or an individual who stands or stood in loco parentis to an employee when the employee was a son or daughter. This term does not include parents "in-law".

    Son or daughter means a biological, adopted or foster child, stepchild, legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and "incapable of self-care because of a mental or physical disability."

How much leave is an employee entitled to use?
Twelve work weeks in a 12-month period is the maximum amount of time an employee may be absent from work for a covered FML event for a covered person. The leave may be taken as a continuous block of time of one calendar week or more, intermittently or as a reduced work schedule in increments as small as 15 minutes.

How is that time calculated?
The State of Indiana has chosen a fiscal year. Therefore, the 12-month period begins on July 1 and ends on June 30 of each year. For employees who meet the eligibility criteria, the FML balance is reset each July 1. Employees will be eligible for FML whenever the eligibility criteria is met; however, if the employee has used all 12 weeks in the 12-month period, s/he is not entitled to any family medical leave, nor is the employee entitled to any additional time off unless the employee has appropriate accrued leave or qualifies for the state's Short and Long Term Disability Program for the employee's own serious health condition.

What are my responsibilities in family medical leave?

  • You must give thirty (30) days advance notice to your employer of any absence for FML in all cases except emergencies. You must tell your employer about notices of doctor appointments and other planned medical treatment as far in advance as possible.
  • You must give your employer enough information so that s/he knows that your absence will be covered by FML.
  • You must submit a completed Request for FML form.
  • You must provide written certifications of family relationships and medical conditions when requested.
  • You must try to schedule any appointments or treatments to cause as little disruption to operations as possible. This includes scheduling appointments/treatments outside your regular work hours whenever possible.

What information is needed from the doctor?
The Certification of Health Care Provider (Employee Form | Dependent Form) must be completely filled out with information showing that there is a serious health condition which requires the employee's absence from work. It must show that the employee's absence is due to his/her inability to perform job duties or because the employee is needed to care for a covered family member. It must show how long the employee's absence is expected to be and how often the employee's absence will be required.

If this information is not complete, you may be told to return to your doctor so the form can be completed or clarified. You may be sent for a second opinion. Your employer is responsible for choosing a doctor and paying for the second opinion visit/exam.

Do I have to give my supervisor/manager my medical records for leave due to a serious health condition?
No. You do not have to provide medical records. Your supervisor/manager may, however, request that for any leave taken due to a serious health condition, you provide a medical certification confirming that a serious health condition exists.

How much leave may a husband and wife take if they are employed by the same employer?
A husband and wife who are eligible for FML and employed by the same employer may be limited to a combined total of 12 weeks leave during any 12-month period, for the purposes of parenting/bonding with a newborn or newly placed child or to care for a parent.

What does it mean that an employee is "needed to care for" a family member?
The medical certification provision that an employee is "needed to care for" a family member encompasses both physical and psychological care. It includes situations where, for example, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic, or nutritional needs or safety, or is unable to transport himself or herself to the doctor, etc. The term also includes providing psychological comfort and reassurance which would be beneficial to a child, spouse or parent with a serious health condition who is receiving inpatient or home care.

Can an employee choose not to be placed on FML?
No, FML is not based on the employee's desires nor does the employee need to specifically apply for or mention FML. If an eligible employee has a qualifying condition, the employer must designate the leave as FML.

Under what circumstances may a covered employer refuse to provide FML or reinstatement to eligible employees?

  1. If an employee fails to give timely advance notice when the need for FML is foreseeable, the employer may delay the taking of FML until 30 days after the date the employee provides notice to the employer of the need for FML.
  2. If an employee fails to provide in a timely manner a requested medical certification to substantiate the need for FML due to a serious health condition, an employer may delay continuation of FML until an employee submits the certificate. If the employee never produces the certification, the leave is not FML.
  3. If an employee fails to provide a requested fitness-for-duty certification to return to work, an employer may delay restoration until the employee submits the certificate.
  4. An employer may require an employee on FML to report periodically on the employee's status and intention to return to work.

Can I be disciplined if I am on FML?
YES, but not just because of your absence for family medical leave. If there is just cause to discipline you for something that occurred prior to your FML absence, that discipline is not void because you are on FML, nor does it have to be delayed until you return from FML.

What if the employee refuses to deliver the requested medical certificate?
It is ultimately in the employee's control whether to deliver the requested medical certificate. If the certificate is not delivered in a timely manner, FML can be denied and the employee will not have any of the protections and benefits of the leave.