Family and Medical Leave Act (FMLA)

Frequently Asked Questions

1. Who is eligible for time off under the FMLA?

An eligible St. Louis County merit system employee is someone with permanent status and who has at least 1,040 hours in pay status within the 12 month period preceding the start of the leave.

2. What does "in pay status" mean?

Pay status is any hours for which an employee received pay even if the employee was not physically at work (i.e. sick leave, vacation, paid time off, or compensatory time, etc.)

3. Under what circumstances can family and medical leave be taken?

Family and Medical Leave can be taken for any of the following reasons:

• to care for the employee's child after birth, or placement for adoption or foster care;
• to care for the employee's spouse, son or daughter, or parent who has a serious health condition; or
• for a serious health condition that makes the employee unable to perform the employee's job
4. What is a serious health condition?

According to the FMLA regulations, a serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves a stay in a hospital, hospice or residential medical facility; and/or any period of incapacity requiring an absence of more than three calendar days that also involves continuing treatment by (or under the supervision of) a health care provider; or continuing treatment by (or under the supervision of) a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days.

5. How much time can an employee be off under the FMLA?

FMLA allows an employee to be off of work for any of the covered circumstances for up to 12 weeks in a 12 month time period.

6. Is this leave paid or unpaid?

It depends. The law allows an employer who already provides paid leave time (i.e. sick leave, vacation and/or paid time off, etc.) to substitute accumulated paid time for unpaid family leave time. Therefore, if an employee has accumulated paid time and is off for a reason covered by the FMLA, the appropriate accumulated paid time will be charged toward the 12 weeks of family and medical leave.

If you are out on Family Leave because of your own illness or injury and are in the PTO/Short Term Disability Plan you may be eligible to receive this benefit. St. Louis County provides coverage up to 50% of an employee's salary at no cost. Additional coverage is available to provide income protection up to 66 2/3% of an employee's salary. Short term disability benefits begin at the later of 7 calendar days or when accumulated sick and PTO balance is used. Employees file claims directly with the short-term disability provider. Once a claim is approved, checks are sent directly to the employee for a designated period of time, depending on the severity of the accident or illness.

NOTE: An employee is not entitled to 12 additional weeks of unpaid time after all accumulated sick leave, vacation and/or paid time off is used. An employee is allowed a total of 12 weeks off - whether that time is paid or unpaid - for family leave reasons during any 12-month period.

7. When does the 12 month time period begin?

Each employee's 12 month time period will vary according to the first day that employee takes time off under the family leave.

8. What if an employee does not want to charge the time off to family leave?

It is up to the County, not the employee to determine if time off should be charged to family leave. If the reason an employee is off of work is due to one of the covered circumstances, then the time should be charged to family leave. If an employee's time off is being charged to family leave, the department must inform the employee before the employee returns to work that the time off is being charged to family leave.

9. Does an employee have to use all of their sick, vacation or paid time off if appropriate for time off under the FMLA?

Yes.

10. What if an employee has enough sick leave, vacation and/or paid time off to cover the time off. Does it still count as family leave?

Yes. As long as the employee is off for one of the covered reasons, the employee's sick leave, vacation, and/or paid time off will be charged toward the 12 weeks of family leave allowed in a 12 month time period. The payroll clerks or the Division of Personnel can explain which codes to use for the payroll to reflect the use of family leave.

If you are out on family leave and are eligible to receive the short term disability benefit you must exhaust all of your accrued paid time, sick leave, vacation and/or paid time off, before short term disability benefits will begin.

11. What if an employee has more than 12 weeks of sick time, vacation and/or paid time off and needs time off for a family leave reason. Is the employee limited to only 12 weeks of time off?

No. An employee is allowed to take as much leave time as necessary, even if it is more than 12 weeks. The first 12 weeks will be charged to family leave.

12. What if the employee does not have enough paid time accrued to cover the time off needed?

Under the FMLA the employee would be allowed to take as much time off as necessary up to a maximum of 12 weeks in a 12 month time period. The employee would receive pay for any accumulated paid time appropriate for the time off. During the period of time that the employee was off on unpaid FMLA the County would continue the employee's health care coverage and guarantee the employee's position.

If you are out on Family Leave because of your own illness or injury and are in the PTO/Short Term Disability Plan you may be eligible to receive this benefit. St. Louis County provides coverage up to 50% of an employee's salary at no cost. Additional coverage is available to provide income protection up to 66 2/3% of an employee's salary. Short term disability benefits begin at the later of 7 calendar days or when accumulated sick and PTO balance is used. Employees file claims directly with the short-term disability provider. Once a claim is approved, checks are sent directly to the employee for a designated period of time, depending on the severity of the accident or illness.

13. Can an employee take sick leave for the birth of a child or if a family member is sick?

Yes. The rules allow an employee to take sick leave, vacation and/or paid time off not only when the employee is incapacitated and cannot perform the job duties, but also when a covered family member is sick.

14. If an employee is off due to illness for more than three days, is it automatically considered family leave?

No. Just because an employee is out due to illness for more than three days it will not automatically be considered family leave. If an employee is off due to their own serious health condition (i.e. heart attack, pregnancy, cancer, etc.) the time off will be considered family leave. If an employee or a family member is ill (due to flu, cold, strep throat, etc.) the illness may be considered a serious health condition if the following three conditions are met:

• the employee or covered family member must be incapacitated for more than three consecutive calendar days;
• the employee or covered family member visits their health care provider during this period of incapacity; and
• the employee or covered family member must follow a regimen of care prescribed by the health care provider, such as taking an antibiotic.
15. Can compensatory time be used for family leave purposes?

Compensatory time can be used. However, any compensatory time taken for a family leave reason will not count toward the twelve (12) weeks of time in a twelve (12) month time period.

16. If an employee is taking family leave for adoption purposes, can they use sick leave?

No. It is not appropriate to use sick leave when an employee is taking time off for bonding. Paid time off or vacation would be appropriate in this situation.

If you have questions regarding the County's implementation of the FMLA, please call 615-0147.