R477-7-15. Family and Medical Leave

  (1) An eligible employee is allowed up to 12 workweeks of family and medical leave each calendar year for any of the following 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; or

  (e) care of a spouse, child, or parent with a serious medical condition.

  (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 employee is allowed 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 recovering service member as defined by the National Defense Authorization Act.

  (3) An employee on FMLA leave shall continue to receive the same health insurance benefits the employee was receiving prior to the commencement of FMLA leave provided the employee pays the employee share of the health insurance premium.

  (4) An employee on FMLA leave shall receive 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) To be eligible for family and medical leave, the employee shall:

  (a) be employed by the state for at least 12 months;

  (b) be employed by the state for a minimum of 1250 hours worked, 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 apply for the initial leave and when the reason for requesting family medical leave changes:

  (a) thirty days in advance for foreseeable needs; or

  (b) as soon as practicable in emergencies.

  (7) An employee with a serious health condition may use accrued annual leave, sick leave, converted sick leave, excess hours and compensatory time prior to going into leave without pay status for the family and medical leave period.

  (a) An employee who chooses to use accrued annual leave, sick leave, converted sick leave, excess hours and compensatory time prior to going into leave without pay status for the family and medical leave period shall notify the agency.

  (b) If an employee fails to notify the agency under this Subsection, accrued leave will be used to pay the employee's payroll deductions in the following order:

  (i) Program III sick leave;

  (ii)(A) Compensatory time;

  (B) Excess leave; or

  (C) Annual leave;

  (iii)(A) Converted sick leave;

  (B) Program II sick leave; or

  (C) Program I sick leave.

  (8) When an employee chooses to use FMLA leave, the employing agency shall designate as FMLA leave all absences related to that qualifying event.

  (9) Any period of leave for an employee with a serious health condition who is determined by a health care provider to be incapable of applying for Family and Medical Leave and has no agent or designee shall be designated as FMLA leave.

  (10) An employee with a serious health condition covered under workers' compensation may use FMLA leave concurrently with the workers' compensation benefit.

  (11) If an employee has gone into leave without pay status and fails to return to work after FMLA leave has ended, an agency may recover, with certain exceptions, the health insurance premiums paid by the agency on the employee's behalf. An employee is considered to have returned to work if the employee returns for at least 30 calendar days.

  (a) Exceptions to this provision include:

  (i) an FLSA exempt and schedule AB, AD and AR employee who has been denied restoration upon expiration of their leave time;

  (ii) an employee whose circumstances change unexpectedly beyond the employee's control during the leave period preventing the return to work at the end of 12 weeks.

  (12) Leave taken after childbirth or placement of a healthy child for adoption or foster care may not be taken intermittently or on a reduced leave schedule unless the employee and employer mutually agree.

  (13) Medical records created for purposes of FMLA and the Americans with Disabilities Act shall be maintained in accordance with confidentiality requirements of Subsection R477-2-5.