Family Medical Leave Act

Family & Medical Leave (FMLA)

Advantus provides unpaid family leaves of absence to eligible employees who need to take time off from work duties to meet family obligations that are directly related to childbirth, adoption, or placement of a foster child. Family leave may also be requested to care for a child, spouse, or parent with a serious health condition. A serious health condition is an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility.

A serious health condition can also include continuing treatment by a health care provider. The federal Family and Medical Leave Act (FMLA) covers all employers that employ 50 or more employees during 20 or more work weeks in the current or preceding calendar year. The FMLA requires covered employers to provide eligible employees up to 12 weeks of unpaid, job-protected leave during any 12-month period for childbirth, adoption, or placement of a foster child; to care for a child, spouse, or parent with a serious health condition; or in the case of the employee’s own serious health condition. The Family and Medical Leave Act (FMLA) defines eligible employees as those who have been employed for at least 12 months by a given employer, and who have provided at least 1,250 hours of service (an average of 25 hours a week) during that 12 month period. Eligible employees should make requests for family leave to their supervisors at least 30 days in advance of foreseeable events and as soon as possible for unforeseeable events.

Employees requesting family leave related to the serious health condition of a child, spouse, or parent will be required to submit a health care provider’s statement verifying the need for a family leave to provide care, its beginning and expected ending dates, and the estimated time required.

Eligible employees may request up to a maximum of 12 weeks of family leave within any 12 month period. Any combination of family leave and medical leave may not exceed this maximum limit. If this initial period of absence proves insufficient, consideration will be given to a written request for a single extension of no more than 30 calendar days.

Employees will be required to first use any accrued paid leave time before taking unpaid leave. Married employee couples may be restricted to a combined total of 12 weeks leave within any 12 month period for childbirth, adoption, or placement of a foster child; or to care for a parent with a serious health condition.

Subject to the terms, conditions, and limitations of the applicable plans, Advantus will continue to provide health insurance benefits for the full period of the approved family leave. Employees will continue to be responsible for their portion of the monthly premium.

So that an employee’s return to work can be properly scheduled, an employee on family leave is requested to provide Advantus with at least two weeks advance notice of the date the employee intends to return to work. When a family leave ends, the employee will be reinstated to the same position, if it is available, or to an equivalent position for which the employee is qualified. If an employee fails to return to work on the agreed upon return date, Advantus will assume that the employee has resigned.

Updated on May 10, 2021
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