Utah Admin. Code R477-7-15 - Family and Medical Leave
(1) An eligible employee
may take up to 12 workweeks of family and medical leave each calendar year for any
of the following qualifying reasons:
(a) birth of
a child;
(b) adoption of a
child;
(c) placement of a foster
child;
(d) a serious health condition of
the employee;
(e) care of a spouse,
child, or parent with a serious medical condition; or
(f) a qualifying exigency arising as a result of a
spouse, son, daughter or parent being on active duty or having been notified of an
impending call or order to active duty in the Armed Forces.
(2) An eligible employee may take up to 26
workweeks of family and medical leave during a 12-month period to care for a spouse,
son, daughter, parent, or next of kin who is a covered servicemember as defined by
the National Defense Authorization Act.
(3) An employee on FMLA leave continues to receive
the same health insurance benefits the employee was receiving before the
commencement of FMLA leave provided the employee pays the employee share of the
health insurance premium.
(4) An
employee on FMLA leave receives any administrative leave given for non-performance
based reasons if the leave would have been given had the employee been in a working
status.
(5) An employee is eligible for
family and medical leave when the employee:
(a)
has been employed by the state for at least 12 months; and
(b) has worked 1,250 hours or more, as determined
under FMLA, during the 12-month period immediately preceding the commencement of
leave.
(6) To request FMLA
leave, the employee or an appropriate spokesperson shall notify management of the
need for leave:
(a) thirty days in advance for
foreseeable needs; or
(b) as soon as
practicable in emergencies.
(7) An employee may use accrued annual leave, sick
leave, converted sick leave, excess hours and compensatory time before going into
leave without pay status for the designated period of family and medical leave.
(a) An employee who chooses to use accrued annual
leave, sick leave, converted sick leave, excess hours, and compensatory time before
going into leave without pay status for the family and medical leave period shall
notify the direct supervisor.
(b) If an
employee fails to notify the direct supervisor under this subsection, accrued leave
will be used to pay the employee's payroll deductions in the following order:
(i) first, Program III sick leave;
(ii) second, compensatory time, excess leave, or
annual leave; and
(iii) third, converted
sick leave, Program II sick leave, or Program I sick leave.
(8) When an employee chooses
to use FMLA leave, management shall designate as FMLA leave any absences related to
that qualifying event which occurred when the employee was eligible for
FMLA.
(9) An FMLA eligible employee with
a serious health condition covered under workers' compensation may use FMLA leave
concurrently with the workers' compensation benefit.
(10) If an employee has gone into leave without
pay status and fails to return to work after FMLA leave has ended, management may
recover, with certain exceptions under
29 CFR
825.213, the health insurance premiums paid by
management on the employee's behalf. An employee is considered to have returned to
work if the employee returns for at least 30 calendar days.
(11) When leave is taken after childbirth or
placement of a healthy child for adoption or foster care, an employee may not take
leave intermittently or on a reduced leave schedule unless the employer
agrees.
(12) Medical records created for
purposes of FMLA and the Americans with Disabilities Act,
42 U.S.C.
12102 are subject to the confidentiality
requirements set forth in Section
R477-2-5.
Notes
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