POLICY

It is the policy of the National Cancer Institute at Frederick (NCI-Frederick) to provide up to 12 weeks of leave per year for an employee's serious health condition, the birth, adoption or foster care placement of a child, or caring for a sick spouse, dependent child, or parent with a serious medical condition. Family medical leave runs concurrently with sick leave, vacation leave and leave without pay, as applicable.

Reference: The Family Medical and Leave Act of 1993 (FMLA)

Definitions:

"Employee" means contractor employees within each NCI-Frederick contract.

"Serious Health Condition" means a condition that requires inpatient care or continuing treatment by a health care provider. Family medical leave is not intended to cover minor illnesses or medical procedures that are normally handled through short term use of sick leave.

“Dependent child” includes children that are legally adopted, legally placed in the care of the employee (supported by court documents) and those over the age of 18 who are incapable of self-care due to mental or physical disability.

“Parent” means the legal parent or step-parent of the employee.

PROCEDURE

An employee requesting family medical leave must make written application 30 days in advance, if possible, through his/her supervisor to the employee's Human Resources representative. The following are to be included:

• A completed application form, which is available from the Human Resources representative.
• A completed Certification of Health Care Provider form

Additional information, including a second medical opinion or recertification of continuation of leave beyond the original request may be required as permitted by the FMLA.

Approval of Application

Approval of any application for family leave is the responsibility of the Human Resources representative. The employee's supervisor/manager or an individual who is at least one organizational level higher than the employee's supervisor must sign to acknowledge the application.

An application may be approved only if the employee meets the FMLA service requirement of 1250 consecutive hours of work during the previous 12 months and at least 12 months of employment (which does not have to be consecutive).

Notification of Parties

The response time to make a determination on an application and provide written notice to the employee is generally 10 working days from receipt of the written application. The Human Resources representative will notify the employee of approval or denial.

Leave Entitlement

The maximum 12 weeks of family medical leave within a consecutive 12 month period may be taken continuously, on a reduced work schedule, or intermittently. The actual leave entitlement will be pro-rated, based on the employee's regular work schedule. If a husband and wife both work for the same contractor, they are entitled to a combined total of 12 weeks of family medical leave for birth, adoption or placement of a foster child, which they can divide between them. However, both are entitled to the full 12 weeks for their own illness or caring for a sick child, parent or spouse.

Use of Accrued Leave

Employees must exhaust all sick and vacation leave accruals, as appropriate, during the period of family medical leave prior to using leave without pay. All leave used will count toward the maximum allowable family medical leave entitlement. Use of sick leave during family medical leave must be supported by certification from a health care provider.

Continuation of Benefits

See Policy and Procedure #318 for information on continuation of group insurance and eligibility/ineligibility for accruals, merit review, pension credit and seniority credit.

Termination of Family Medical Leave

The family medical leave shall terminate:

• when the reason for the leave no longer exists;
• if the employee fails to provide documentation to continue the leave when requested;
• when the employee has exhausted the maximum period of time eligible for leave; and
• if the employee accepts other employment.

RESPONSIBILITY

NCI-Frederick Contractors

Each contractor shall be responsible for the administration of this policy and maintain records as required.