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The most common serious health conditions that qualify for FMLA leave include: conditions requiring an overnight stay in a medical care facility; conditions that incapacitate you or your family member for more than three consecutive days and have ongoing medical treatment; chronic conditions that cause occasional periods when you or your family member are incapacitated and require treatment by a health care provider; and/or pregnancy. ---PAGE BREAK--- This FMLA FAQ’s sheet is only a summary. Every situation is different and must be assessed based on actual circumstances. For complete information please contact HR for assistance. When do I have to report my absence as FMLA? Unless unforeseeable, employees requesting leave under FMLA must submit the request 30 days in advance. If the situation does not allow an employee to give 30 days notice, s/he must give as much notice as is practical. Will FMLA be paid leave? FMLA is unpaid leave. However, employers have the right to require the use of accrued leave during FMLA. Per City Policy 2.7.6, it has been determined that FMLA shall run concurrently with paid leave when the reason for the leave meets the FMLA criteria. While on FMLA leave, employees use accrued sick leave, vacation leave or other accrued leave and, if necessary, take the remainder of FMLA leave as unpaid leave. How long will my FMLA leave last? Most family and medical leave provides 12 weeks of leave to be applied during any 12-month period. However, as of January 16, 2009 there is an amendment to the FMLA which allows up to 26 weeks of job-protected leave in a “single 12-month period” to care for a covered servicemember with a serious injury or illness. What if I took FMLA last year, can I take it again? The 12-month period is defined as a “rolling” 12-month period measured backward from the date an employee uses FMLA leave. For example, if an employee requests and is granted a 12-week FMLA leave beginning March 1 of one year, then that employee would not be eligible for any additional FMLA leave until March 1 of the following year, provided the employee qualifies again by having worked 1,250 hours in the preceding year. Will I lose my health benefits if I run out of paid leave? No. Employers are required to maintain group health insurance coverage for an employee on FMLA leave whenever such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work. If an employer fails to tell employees that the leave is FMLA leave, can the employer count the time they have already been off against the 12 weeks of FMLA leave? In most situations, the employer cannot count leave as FMLA leave retroactively. The employee must be notified in writing that an absence is being designated as FMLA leave. If the employer was not aware of the reason for the leave, leave may be designated as FMLA leave retroactively only while the leave is in progress or within two business days of the employee's return to work.