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  • FMLA Guidelines

    In accordance with the Family and Medical Leave Act (FMLA) of 1993, FMLA Leave is an authorized, unpaid, job-protected period of absence of up to 12 weeks (26 weeks for "Military Caregiver Leave" described below) in a 12-month period that can be taken in one of three ways: (1) in consecutive full workweek increments, (2) on an intermittent basis when medically necessary, or (3) on a reduced leave schedule basis when medically necessary, for one of the following reasons:

    • For birth of your child, and to care for the newborn child; (Entitlement expires after 12 months subsequent to the child's birth.)
    • For placement with you of a son or daughter for adoption or foster care; (Entitlement expires after 12 months subsequent to the child's placement.)
    • To care for your spouse, child, or parent with a serious health condition.  
    • Because of a serious health condition that prevents you from performing the functions of your own job.
    • Military Exigency Leave, allows up to 12 weeks of unpaid leave for any qualifying exigency arising from parent, spouse, or child being on, or called to, active duty (or being notified of an impending call or order to active duty) in support of an action or operation against an opposing military force. A qualifying exigency includes short notice deployment, military events and related activities, school and child care activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and additional activities agreed to by the employer and employee. Learn more.  
    • Military Caregiver Leave, allows up to 26 weeks of unpaid leave in a single 12-month period to care for a family member who was seriously injured or became ill while on active military duty. The 26-week caregiver leave entitlement applies for each service member and extends to both psychological and physical care. Covered service members include current members of the Regular Armed Forces, National Guard or Reserves and members who are on the temporary disability retired list. Learn more.
    Paid FMLA Leave

    Generally, FMLA Leave is unpaid. However, you may choose to use accrued unused vacation or paid personal/sick days for all or part of any otherwise unpaid FMLA Leave and such days will be deducted from your FMLA entitlement.

    When your own serious health condition prompts the leave, and it is not work-related, it will be a paid leave under Short-Term Disability (STD) if you are enrolled in STD, if you meet the STD definition of total disability, and if the documentation requirements for STD coverage are met. In this circumstance, because an approved Short-Term Disability Leave is, by definition, of 7 or more calendar days duration involving continuing treatment by a physician, it will be deemed to meet the FMLA criteria. Therefore, the FMLA Leave will run concurrently with STD, and your days of absence will be deducted from your FMLA entitlement.

    When your own serious health condition prompts the leave, and it is work-related, it will be a paid leave under Workers' Compensation, if the requirements for Workers' Compensation benefit payments are met. The FMLA Leave will run concurrently with Workers' Compensation, and your days of absence will be deducted from your FMLA entitlement.


    You are eligible for job-protected FMLA Leave of up to 12 workweeks in a 12 month period if (1)you have at least 12 months of service, AND (2) if you have completed at least 1,250 hours of service during the 12 month period immediately preceding the commencement of the leave.

    • Rehires: The 12 months of service do not have to be continuous or consecutive; all time worked for the employer is counted with the exception of time worked prior to a break in service of seven or more years.
    • Part-Timers: Your individual record of hours worked would be used to determine whether 1,250 hours had been worked in the 12 months prior to the commencement of FMLA leave. As a rule of thumb, the following may be helpful for estimating whether this test for eligibility has been met;
      • Over 24 hours worked in each of the 52 weeks of the year; or
      • Over 104 hours worked in each of the 12 months of the year; or
      • Over 40 hours worked per week for more than 31 weeks (over seven months) of the year.
    • EMC contractor employment will be used toward determining FML eligibility as long as there is not break in employment between contractor employment and converting to full time employment with EMC.

    Time spent fulfilling an employee’s military service obligations will be counted towards the 1,250 hours and 12 months requirement.

    If you do not meet the 12-month, 1,250-hour service requirements required for FMLA leave, you may still be eligible for other types of approved leave. If while you are on an approved leave, you meet the 12-month and 1,250 hour service requirements EMC will designate the portion of your leave as FMLA from the time you are eligible forward. Time missed from work before you attain eligibility is not protected by FMLA, but it also will not be counted against your allotment of FMLA leave.

    While the law does not require coverage of employees at sites with fewer than 50 employees within a 75 mile radius, EMC will extend benefits equivalent to FMLA benefits to employees at sites with fewer than 50 employees whenever business conditions permit and as long as all of the other eligibility criteria are met.

    Review the Procedures for FMLA Leave prior to requesting a leave and ensure you understand your benefits while on FMLA leave. You will need to complete a Leave of Absence Request Form for your FMLA leave.

    Definition of "12-Month Period"

    Except as detailed for Military Caregiver Leave, EMC uses a 12-month "rolling" backward period to determine the 12-month period in which the 12 weeks of leave entitlement occur. Under the rolling 12-month period, each time you take FMLA Leave, the remaining leave entitlement will be any balance of the 12 weeks which has not been used during the immediately preceding 12 months.

    If Your Spouse also Works at EMC

    If you and your spouse are both employed by EMC, and the leave is to care for a parent or a child after birth or after adopting or beginning foster care, you will be limited to a combined total of 12 weeks of leave during any 12-month period. If you and your EMC-employed spouse use only a portion of the allotment, each is able to use the remaining time for a purpose other than those outlined above in this paragraph.

    For example, John and Mary, EMC employees, each take 6 weeks to care for their child after birth. Neither Mary nor John can take any more time with their well newborn. However, later during the same 12-month period, John is hospitalized with open-heart surgery. Mary is able to take an additional 6 weeks of FMLA Leave to care for John. And John is able to take an additional 6 weeks of FMLA Leave due to his own serious health condition.