All leave entitlements, except FMLA leave to provide care for an injured or ill military service member, are based on a calendar year basis for classified employees and a fiscal year basis (July 1 to June 30) for unclassified employees.
You are allowed up to ten workweeks per year of unpaid job-protected leave with continued medical benefits as follows:
Up to six weeks of unpaid leave for the birth or adoption of a child, to begin within 16 weeks of the birth or placement of that child. No more than one six-week period per child.
Up to two weeks of unpaid leave for the care of a child, spouse, domestic partner or parent with a serious health condition. Your employer may require certification from a health care provider.
Up to two weeks of unpaid leave in a 12-month period for your own serious health condition that makes you unable to perform your duties. Your employer may require certification from a health care provider.
You are allowed up to 12 workweeks per year of unpaid, job-protected leave with continued medical benefits for any combination of following reasons:
- To care for your child after birth, adoption or foster care placement - the leave must conclude within 12 months of the event
- To care for your spouse, child or parent who has a serious health condition
- To seek treatment for your serious health condition
- To take a leave due to any qualify exigency that arises because you have an eligible family member (spouse, son, daughter or parent) that is called to active duty or is on active duty status in support of a military contingency operation.
The servicemember must be in the reserve components of the military (e.g. National Guard). The U.S. Department of Labor defines eight broad categories for which an employee may use FMLA leave:
- Short-notice deployment (7 days notice or less)
- Attend military events/ceremonies and related activities related to active duty or call to active duty
- Childcare and school activities
- Financial and legal arrangements
- Spend time with a military member who is on temporary rest and recuperation leave
- Post-deployment activities
- Additional activities not encompassed in the other categories, but agreed to by the employer and employee
Under FMLA only, you are also allowed up to 26 workweeks of unpaid, job-protected leave with continued medical benefits in a "single 12-month period" to care for an eligible military servicemember who has a serious injury or illness that occurred in the line of duty on active duty for which the servicemember is undergoing medical treatment, recuperation, therapy, on outpatient status or is on the temporary disability retired list.
The servicemember must be a current member of the Regular Armed Forces, including a member of the National Guard or Reserves, or a member of the Armed Forces, the National Guard or Reserves who is on the temporary disability retired list.
The employee must be the spouse, son, daughter, parent, or next of kin (neared blood relative other than the servicemember’s spouse parent, son or daughter) of a covered servicemember.
The “single 12-month period” commences on the first day of leave taken to care for the servicemember and expires 12 months from that date.
If the employee does not take all of the 26 workweek entitlement during the “single 12-month period,” the remainder of the 26 workweek entitlement is forfeited.
The “single 12-month period” is applied on a per-covered-servicemember, per-injury basis so an employee may be entitled to take more than one period of 26 workweeks of leave if the leave is to care for a different servicemember or the same servicemember with a subsequent illness or injury.
No more than 26 workweeks of leave may be taken within any “single 12-month period”
An employee is entitled to a combined total of 26 workweeks of leave for any FMLA-qualifying reason during the “single 12-month period.” Within the “single 12-month period,” an employee is limited to a total of 12 weeks of FMLA leave for any purpose other than to care for an injured servicemember.