Family And Medical Leave Act Request Form (Fmla) Page 2
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2FMLA requires covered employers to provide up to 12 weeks of job‐protected leave to “eligible” employees for certain family and
medical reasons or up to 26 weeks in a single twelve‐month period for a family caregiver of an injured/ill service member. Depending on
the individual’s circumstance, the leave may be paid or unpaid. Employees are eligible if they have worked for a covered employer for at
least one year, and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles.
REASONS FOR TAKING LEAVE: Unpaid Leave must be granted 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;
for a serious health condition that makes the employee unable to perform the employee’s job;
because of a qualifying exigency arising out of the fact that your spouse, son or daughter or parent is on active duty or call to
active duty status in support of a contingency operation as a member of the National Guard or Reserves; or,
to care for a family member (spouse, son, daughter, parent, or next of kin) who incurred a serious injury/illness as a result of active
military service.
At the employee’s or employer’s option, certain kinds of paid leave may be substituted for unpaid leave. The State of South Dakota
requires that state employees use eligible paid leave during the FMLA period before using unpaid leave.
SALARIED EMPLOYEES: Salaried employees who are eligible for FMLA will have leave deducted in less than 1 day increments. Hours not
worked will be charged against an employee’s leave balance or will be leave without pay if paid leave is not available.
ADVANCE NOTICE AND MEDICAL CERTIFICATION: The employee may be required to provide advance leave notice and medical
certification. Taking leave may be denied if requirements are not met.
The employee ordinarily must provide 30 days advance notice when the leave is “foreseeable.”
If you have requested leave because of a serious health condition, you are required to provide the State with medical certification
of this serious health condition, and may require second or third opinions (at the employer’s expense) and a fitness for duty report
to return to work.
JOB BENEFITS AND PROTECTION:
During your leave, the State will continue to pay the State’s portion of your health insurance premiums and you must also pay your
share of the health insurance premiums. If you fail to pay your premiums, your health insurance coverage will cease. If you are on
unpaid leave, you must submit your share of the health insurance premiums by check or money order before 5:00 p.m. on Friday
of the week in which you would have been paid.
Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay,
benefits, and other employment terms if the employee can perform the essential functions of the position.
The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.
If you do not return to work after your leave ends, you may be expected to reimburse the State for its share of the health
insurance premiums paid on your behalf. You will not be required to reimburse the State for the health insurance premiums if you
are precluded from returning to work by a serious health condition. You will be required to provide the State with medical
certification of the serious health condition. Further, you will not be required to reimburse the State if you did not return to work
because of circumstances beyond your control.
UNLAWFUL ACTS BY EMPLOYERS: FMLA makes it unlawful for any employer to:
interfere with, restrain, or deny the exercise of any right provided under FMLA;
discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any
proceeding under or relating to FMLA.
ENFORCEMENT:
The U.S. Department of Labor is authorized to investigate and resolve complaints of violations.
An eligible employee may bring a civil action against an employer for violations.
FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining
agreement which provides greater family or medical leave rights.
FOR ADDITIONAL INFORMATION: Contact your Human Resources Representative.
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