FMLA - I. Types of Leaves

You may be eligible for one or more of the following leave entitlements:

  • Federal Family and Medical Leave
  • State Family and Medical Leave
  • SEBAC Supplemental Leave
  • Pregnancy Disability Leave
  • Organ Donor Leave
  • Bone Marrow Donor Leave

These leave entitlements are referred to collectively as “Family and Medical Leave Entitlements.” This is protected leave and it may be paid, unpaid or a combination of paid and unpaid leave, depending on an employee’s accruals balances. The law also provides that group health benefits be maintained during the leave, as long as the employee continues to pay his or her premium share while on leave. Although the leave entitlements have many similarities, they are not the same. There are many significant differences that need to be considered when making determinations and administering employee leaves including:

  • The amount of leave available;
  • The kind of leave that may be taken;
  • The reasons for leave
  • The eligibility requirements; and
  • The interaction of the law with collective bargaining agreements
    • In some circumstances, collective bargaining agreements may supersede state law, but they cannot supersede federal law.

Each employee’s leave entitlement must be assessed on a case-by-case basis; no two situations are exactly the same. However, in all circumstances it is the employer’s right and obligation to designate leave as one or more of the Family and Medical Leave Entitlements, if applicable.

Notice of Need for Leave

  • When leave is foreseeable (such as an anticipated birth, adoption, or surgery), you must notify the Office of Human Resources at least 30 days in advance, using approximate dates if definite dates are not yet available.  
  • In the case of a major unexpected illness or injury, (to the employee or requiring the employee to be a caregiver) the Office of Human Resources is to be notified as soon the employee is aware of the need to be out of work for his/her own medical emergency or a family member’s medical emergency requiring the employee to be a caregiver.  
  • In all cases, an employee remains responsible to follow collective bargaining and/or departmental rules for notification of absences to his/her own supervisors and department management.