Family Care Leave

1. What is a Family Care Leave?

A Family Care Leave is covered under the Family and Medical Leave Act (FMLA).  A Family Care Leave provides an employee time off to care for their spouse, child, or parent, with a serious health condition.

If you are represented by the UAW, you may have additional non-FMLA Family Care Leave rights under contractual provisions. For more information, please refer to question 14.

2. Am I eligible for a Family Care Leave?

You may be eligible to take a Family Care Leave under the Family and Medical Leave Act (FMLA) if you have:

  • been employed by the state for one year (does not have to be continuous), and
  • physically worked 1,250 hours during the previous 12 months, and
  • not previously exhausted your FMLA entitlement.

If you are represented by the UAW, you may have non-FMLA provisions. For more information, please refer to question 14.

3. How do I apply for a Family Care Leave?

To apply for a Family Care Leave under the Family and Medical Leave Act (FMLA), you will need to:

  1. Complete and submit the (CS-1838) Leave of Absence Application form to the Disability Management Office.
  2. Your family member’s health care provider must complete and submit the (CS-1839) Family Member’s Serious Health Condition form to the Disability Management Office.

    Completed forms may be faxed or mailed to the DMO:
    Fax: 517-241-9926
    Mail: Disability Management, PO BOX 30002, Lansing, MI 48909

  3. Notify your supervisor of your request for time off and follow your department's normal timekeeping procedures until the DMO has approved your leave.
  4. DMO will:
    • Email your supervisor & HR office of your request for leave.
    • Mail you a letter providing your available FMLA entitlement.
    • Mail you a letter of approval or denial of the leave request.
If you must start your leave earlier than anticipated, you should contact the DMO as soon as practicably possible at 877-766-6447 (Select Option #2). Untimely notice or incomplete forms may delay the processing of your leave.

 

4. May I take a Family Care Leave if I am ineligible for FMLA?

A Family and Medical Leave Act (FMLA) Family Care Leave is not permitted if you are ineligible for FMLA.

If you are represented by the UAW, you may have  non-FMLA Family Care Leave rights under contractual provisions. For more information, please refer to question 14.

5. How much time am I entitled to use for an FMLA Family Care Leave?

Under the Family and Medical Leave Act (FMLA) , you may be entitled to up to 12 work weeks of Family Care Leave during a 12 month period.

If you are represented by the UAW, you may have additional non-FMLA Family Care Leave rights under contractual provisions. For more information, please refer to question 14.

6. May I use FMLA Family Care Leave if my child is over the age of 18?

In some circumstances, yes. Under the Family and Medical Leave Act (FMLA), you may request a leave for your adult child if they are incapable of self-care because of a mental or physical disability. Under the FMLA, a disability is a mental or physical impairment that substantially limits one or more of the major life activities of the patient.

For questions on adult-child qualifications, contact the Disability Management Office (DMO) at 877-766-6447 (Option #2).

7. Under FMLA, who is considered a family member?

Under the Family and Medical Leave Act (FMLA) a family member is defined as a:

*Under the FMLA in loco parentis refers to a relationship which includes day-to-day responsibilities to care for  and financially support the individual.

**See FAQ #6.

  • A Legal spouse
  • A Parent of:
    • Biological
    • Adopted
    • Foster
    • Step
    • Who stood in loco parentis for the employee when a child under the age of 18*
  • Child who is
    • Biological
    • Adopted
    • Foster
    • Step
    • Legal ward under the age of 18
    • Child of a person (employee) standing in loco parentis*
    • An adult child who is incapable of self-care**

8. Do I have to exhaust my sick leave credits before going on an unpaid FMLA Family Care Leave?

You may have to exhaust all or some of your sick leave credits before taking an unpaid Family and Medical Leave Act (FMLA) Family Care Leave.

Review your collective bargaining agreement or Civil Service Rules and Regulations regarding the use of sick leave for a Family Care Leave.  In addition, under the FMLA you are required to follow your department’s normal leave policy when using sick leave.

If you have questions on using sick leave credits before an unpaid Family Care Leave, please contact the DMO at 877-766-6447 (Option #2).

9. Do I have to exhaust my annual leave credits before going on an unpaid FMLA Family Care Leave?

No. You do not need to exhaust your annual leave credits. You will make this designation on your leave application (CS-1838) Application for Leave of Absence.

10. Will Long Term Disability (LTD) cover a Family Care Leave?

No. LTD will not cover a Family Care Leave.

11. What happens to my health, dental, vision and life insurances once I am on an unpaid Family Care Leave?

Your health, dental, vision, and dependent life insurance premiums will continue to be deducted from your paycheck while you use sick and annual leave credits and remain on payroll.

Once you are no longer receiving a paycheck, the Employee Benefits Division (EBD) will mail you a (CS-1820) Application to Continue Insurances that includes the plans (health, dental, vision, and life) that are eligible for continuation. You must select the insurance plans you wish to continue and return the application to EBD.

FMLA

  • Health, dental, and vision coverage will be extended through the last day of the pay period when your FMLA ends.
  • If you are no longer receiving a paycheck while covered under FMLA, your coverage for health, dental, and vision will continue and your share of premiums will be deducted from your paycheck once you return to work.
  • If FMLA exhausts and you have elected to continue any plans on the CS-1820, EBD will mail an invoice and you will be responsible for making a direct payment for coverage to continue.

LIFE INSURANCES

  • Employee and Dependent Life Insurance coverage will stop at the end of the pay period of your last day paid.
  • If life insurance was selected on the CS-1820, an invoice will be mailed from EBD to continue the coverage.

If you have questions on the Application to Continue Insurances form (CS-1820), contact EBD at 1-800-505-5011.

12. How do I extend my Family Care Leave?

If you have Family and Medical Leave Act (FMLA) entitlement available to cover the requested extension, a Family Care Leave may be extended by submitting an updated medical statement from the family member’s health care provider with the reason for the extension and the revised return to work date. This must be submitted to the Disability Management Office (DMO) 5 business days prior to your leave end date. Also, you must notify your supervisor of your leave extension.

13. What steps must be taken to return to work from a Family Care Leave?

To return to work from a Family Care Leave, you must notify the Disability Management Office (DMO) at least 5 business days prior to your return to work. Failure to notify the DMO may delay your status change and timely processing of your first paycheck.
You do not have to provide a medical release to return from a Family Care Leave.

14. What are the non-FMLA Family Care Leave provisions for UAW employees?

Under Article 50 of the UAW collective bargaining agreement, eligible UAW employees who have exhausted, or do not qualify for, Family and Medical Leave Act (FMLA) leave may request a Family Care Leave for a seriously ill or seriously injured spouse, child,  parent, or grandchild who is dependent on them for care or support.

Employees must have completed 1,040 hours of satisfactory service and have depleted all accrued sick leave. Employees may be granted, once during their employment, an unpaid leave of absence (including necessary extensions) not to exceed 3 months for Family Care Leave.

15. How do I contact the Disability Management Office (DMO)?

The  DMO is open Monday through Friday from 8:00 am to 5:00 pm. Contact them by phone at 877-766-6447 (Select Option #2).
You may also fax documentation to 517-241-9926.