ENTITLEMENT

Sections 6381 through 6387 of title 5, United States Code, as added by Title II of the Family and Medical Leave Act 1993 (FMLA) (Public Law 103-3, February 5, 1993), provides covered Federal employees with entitlement to 12 workweeks of unpaid leave during any 12-month period for the following purposes:

• the birth of a son or daughter of the employee and the care of such son or daughter;
• the placement of a son or daughter with the employee for adoption or foster care; 
• the care of spouse, son or daughter, or parent of the employee who has a serious health condition; or
• serious health condition of the employee that makes the employee unable to perform the essential 

JOB BENEFITS AND PROTECTION

Upon return from FMLA leave, an employee must be returned to the same position or to an equivalent

position with equivalent benefits, pay, status, and other terms and conditions of employment. An employee who takes FMLA leave is entitled to maintain health benefits coverage. An employee may pay the employee’s share of the premiums on a current basis or upon return to work.

ADVANCE NOTICE AND MEDICAL CERTIFICATION

The employee must provide notice of his or her intent to take family and medical leave not less than 30 days before leave is to begin or as soon as is practicable. An employee may not invoke his or her entitlement to FMLA leave retroactively. If an employee and his personal representative are incapable of invoking the employee’s entitlement to FMLA leave during the entire period of absence, the employee may retroactively invoke entitlement to FMLA within 2 days after returning to work.

An agency may request medical certification for FMLA leave taken to care for an employee’s spouse, son or daughter, or parent who has a serious health condition or for the serious health condition of the employee. An employee must provide medical documentation within 15 calendar days. If this is not possible, despite the employee’s diligent, good faith efforts, medical certification must be provided within a reasonable period, but no later than 30 calendar days after the date the agency requests such medical certification.

This is a brief summary of your entitlements and responsibilities under the FMLA. Please contact your agency personnel office for additional information. 

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May 15, 2000