N.C. Department of Correction--Correction News--July 1997


Family and Medical Leave Act of 1993

Family Medical Leave Act (FML) is a federal law which requires employers such as North Carolina State Government to provide up to 12 weeks or 480 hours per 12-month period of unpaid leave to eligible employees. However, vacation and sick leave may be exhausted while on FML. To be eligible an employee must have worked for at least one year of which the last 1,040 hours must have been in continuous pay status. FML shall be used for the birth or adoption of a child, for the care of a spouse or an immediate family member with a serious health condition, or for an employee who is unable to work because of their own serious health condition.

The employee must request FML and provide the supervisor with the reason for the needed leave, number of hours needed, anticipated beginning date and date of return, amount of vacation/sick leave to be used, leave without pay request, and medical certification. Also, the employee is responsible for supplying adequate medical certification releasing the employee to return to work.

It is the responsibility of the manager to determine the employee’s eligibility for FML, advise the employee if eligibility requirements have been met (this may be in oral or written form), and ensure proper documentation is included on time sheet. The manager is also responsible for ensuring the employee supplies adequate medical certification releasing the employee to return to work.

Benefits to the Employee

For the duration of FML, the employer must maintain the employee’s health care coverage under any group health plan and the employee pays the same share as when working

--Upon return from FML, most employees will be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms

--in the loss of any employment benefit that accrued prior to the start of the employee’s leave (i.e., legislative salary increases)

If you have questions regarding FMLA, contact your location’s personnel office.

NC DOC Correction News- July 1997
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