Ariz. Admin. Code § R2-5A-D601 - Family and Medical Leave Act (FMLA) Leave
A. General. All state agencies are responsible for complying with the
federal Family and Medical Leave Act (FMLA) of 1993 and all applicable revisions. FMLA Regulations, 29 CFR 825.100 through 29 CFR 825.800 (July 2012), are incorporated by this reference and on file with the
Department and available from the U.S. Government Printing Office, 732 North Capitol Street N.W., Washington,
D.C. 20401. This incorporation by reference contains no future editions or amendments. Any interference with,
restraint of, or denial of an employee's rights provided by the FMLA is strictly prohibited.
B. Eligible employee.
1. An eligible
employee for the purposes of the FMLA is an employee who:
a. Is an employee
of the state of Arizona;
b. Has been employed by the state of
Arizona for at least 12 months; and
c. Worked for at least 1,250
hours of service during the 12 months immediately preceding commencement of the leave.
2. An agency head shall not extend FMLA benefits to an ineligible
employee.
C. Situations covered by the FMLA. A state
agency shall grant an eligible employee FMLA leave when the employee takes leave for one or more of the
following reasons:
1. The birth of a child or placement of a child with the
employee for adoption or foster care, provided the leave concludes within 12 months of the birth or
placement.
2. To care for the employee's spouse, child or parent
with a serious health condition.
3. The employee is unable to
work because of the employee's own serious health condition.
4.
Any qualifying exigency arising out of the fact that the employee's spouse, child or parent is a covered
military member on active duty or call to active duty status in support of a contingency operation.
5. To care for a covered service member with a serious injury or illness
when the covered service member is the employee's spouse, child, parent or next of kin.
D. Amount of FMLA leave.
1. An employee
who takes FMLA leave for any of the situations described in subsections (C)(1), (2), (3) or (4) may take a
maximum of 12 workweeks of leave during any rolling 12-month period, measured backward from the first day of
each approved period of FMLA leave.
2. An employee who takes FMLA
leave for the situation described in subsection (C)(5) may take up to 26 workweeks of leave in a single
12-month period.
3. During a 12-month period, an eligible
employee is able to take no more than 12 workweeks of FMLA leave for any of the situations described in
subsections (C)(1), (2), (3) or (4) and a combined total of 26 workweeks of FMLA leave if the leave includes
the situation described in subsection (C)(5).
4. If a husband and wife are both
state employees, the husband and wife are limited in the amount of FMLA leave taken to a combined total
of:
a. 12 workweeks of leave for the
birth and care of a newborn child, placement of a child for adoption or foster care, or to care for a parent
who has a serious health condition.
b. 26 workweeks of leave to care for
a covered service member with a serious injury or illness.
E. Designation of FMLA leave. An employee need not specifically request
FMLA leave to be placed on FMLA leave. If an eligible employee takes leave for any reason covered by the FMLA
and has not already exhausted the employee's available FMLA leave, the agency head shall designate the
employee's leave as FMLA leave.
F. Use of paid leave. Except for
portions of industrial leave, an employee on FMLA leave shall be required to use the employee's available
paid leave while on FMLA leave as follows and in the following order:
1.
Sick leave or, as applicable, family sick leave subject to the provisions of R2-5A-B603.
2. Compensatory leave subject to the provisions of R2-5A-B607.
3. Annual leave subject to the provisions of R2-5A-B602.
4. Leave without pay subject to the provisions of
R2-5A-C602.
G. Insurance benefits continuation. An
employee who is using leave with pay remains eligible for continued participation in the employee insurance
plans and the employee's share of premiums/contributions is paid through payroll deduction. An employee who
is on leave without pay while on FMLA leave may continue to participate in the employee insurance plans as
follows:
1. Health benefit plan participation. An employee is eligible to
continue to participate in the health benefit plan for the duration of the FMLA leave by paying the employee
premium/contribution. An agency head may recover the state's portion of premium/ contributions paid to
maintain health coverage for an employee if the employee fails to return from FMLA leave under certain
circumstances, in accordance with FMLA regulations incorporated by reference in subsection (A).
2. Life insurance plan participation. An employee continues to participate
in the Basic Life and Accidental Death and Dismemberment Insurance Plan and may continue to participate in
the supplemental life and dependent life insurance coverage by paying the full
premium/contribution.
3. Termination of insurance. The insurance
coverage of an employee on leave without pay who fails to pay insurance premiums/ contributions when due
shall terminate at 11:59 p.m. on the last day of the period covered by the last premium/contribution
paid.
H Return from FMLA leave. An agency head shall
restore an employee returning from FMLA leave to the employee's original job, or to an equivalent job with
equivalent pay, benefits, and other terms and conditions of employment. The provisions of the FMLA, not the
provisions of R2-5A-C602(C), shall govern return to work from leave without pay granted to complete an
FMLA-qualified leave.
I. Employee responsibilities. An employee
is required to adhere to the employing agency's call-in procedures, give the agency 30 days' notice in the
event of a foreseeable leave, provide requested documentation, and periodic updates of the employee's status
and intent to return to work as requested by the agency.
J.
Agency rights. Nothing in the FMLA or this rule should be construed as limiting an agency's right to manage,
discipline or terminate an employee, including an employee's failure to comply with the agency's request for
appropriate documentation to substantiate the employee's need for the leave. However, an employee's use of
FMLA leave cannot be considered as a negative factor in any employment decision.
K. Conflict. If there is a conflict between the provisions of these rules
and the FMLA, the provisions of the FMLA govern.
Notes
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