Family Illness Leave
Family Illness Leave (FIL) is provided for an employee to care for the employee's child, parent, or spouse when that child, spouse, or parent has a serious health condition. It is not provided for the employee's illness.
Family Illness Leave is an extension of the benefits provided under the Family and Medical Leave policy (FML).
An employee may choose whether to use Family Illness Leave or Family and Medical Leave.
Who's Eligible?
An employee's eligibility for Family Illness Leave is based on months of service and hours of work as of the date leave is to commence. An employee is eligible if
- The employee's appointment is full-time, permanent, probationary, trainee or time-limited OR
- The employee is part-time (half-time or more), permanent, probationary, trainee or time-limited AND
- The employee has 12 months total service with the State and has been in pay status at least 1040 hours during the previous 12 months.
Note: Temporary employees are not eligible for Family Illness Leave.
An eligible employee (full-time or part-time) is entitled to up to 52 weeks of leave without pay during a 5-year period to care for the employee's seriously ill child, spouse, or parent. Although this leave is without pay, an employee may elect to cover some or all of the period of leave taken under this policy by using vacation, bonus, sick, or voluntary shared leave. Leave earned under the Compensatory Time policy may also be used.
How Do I Use Family Illness Leave?
If you chose to use Family Illness Leave, you must
- Complete Request for Family Illness Leave (pdf) as soon as need for leave is known
- Complete Department of Labor Certification of Health Care Provider (pdf)
- Submit forms to Supervisor 30 days in advance of planned medical treatment, or as soon as possible (within 15 days) for emergency situations
- Request any extension of leave (not to exceed allotted 52 weeks) in writing prior to the expiration of leave. Submit a new Department of Labor Certification of Health Care Provider form to document the extension
- Give written notice of the intent to return to work prior to the end of the leave
- Notify supervisor immediately when there is a decision not to return to work
Supervisor Responsibilities
If the employee has not requested Family Illness Leave, the Supervisor, based on available information, determines if employee might qualify for FIL and notifies employee of the need to complete Family Illness Leave Request and Department of Labor (DOL) Certification of Health Provider.
- The supervisor contacts the Family Illness Leave Coordinator to confirm eligibility.
- The Supervisor signs Family Illness Leave Request and forwards it with Department of Labor Certification of Health Care Provider to the FIL Coordinator.
- The Family Illness Leave Coordinator contacts supervisor and requests that Family Illness Leave letter (provisional or approved) be sent to employee.
- The Supervisor notifies the Family Illness Leave Coordinator if employee's situation changes and forwards any new correspondence.
- The Supervisor tracks all leave that is related to Family Illness Leave.
- The Supervisor contacts the Family Illness Leave Coordinator with employee's return date, and amount of Family Illness Leave used.
Human Resources Responsibilities
When an employee requests Family Illness Leave, the supervisor
- Determines employee's eligibility and communicates the decision to the supervisor
- Retains records of all dates that Family Illness Leave is taken and all leave requests for 6 years
