family and medical leave act (FMLA)
family and medical leave act (FMLA)
FMLA provides job protection. For more information or to apply for FMLA, contact Reed Group at 1-888-825-5247.
FMLA is a federal law that provides you with job protection for certain personal and family medical reasons.
FMLA is not a leave of absence. It is a federal law. It can run concurrently with a Chevron leave of absence, such as the Chevron Family Leave. For more information, see Chevron Family Leave and FMLA.
Job protection means that when you return from an absence covered under FMLA, you must be restored to your original job, or to an equivalent job with equivalent pay and benefits. In addition, your use of time off under FMLA cannot result in the loss of any employment benefit that you earned or were entitled to before you used the time off.
For complete details about FMLA, including definitions of terms, refer to the form called Family and Medical Leave Act - Rights and Obligations (N-5). For information about the law or to apply, contact Reed Group at 1-888-825-5247, option 5.
If you’re eligible, you can take up to 12 weeks of time off during a rolling calendar 12-month period for any of the following reasons:
- The birth or placement of a child for adoption or foster care.
- To care for an immediate family member (spouse, parent, or child under age 18) with a serious health condition.
- For medical reasons when you are unable to work because of your own serious health condition.
For more information about what qualifies as a serious health condition, see Page 3 of the Family and Medical Leave Act – Rights and Obligations (N-5) form. You must have a minimum of 1,250 actual work hours in the 12 months immediately preceding the FMLA leave request to be eligible for FMLA.
You may be able to take FMLA-protected time off to care for a child age 18 or over if the child has a serious health condition and is incapable of self-care because of a mental or physical disability. This means that he or she has a physical or mental impairment that substantially limits one or more of his or her life activities. Life activities include performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
Also, under some circumstances, you can take time off intermittently when it’s medically necessary to care for a seriously ill family member or because you are seriously ill and unable to work. Intermittent time off can be taken in blocks of time down to one hour or by reducing your normal weekly or daily work schedule.
You may take up to 12 work weeks of unpaid FMLA-protected leave for any qualifying exigency if you have a spouse, son, daughter or parent in the U.S. Armed Forces who is deployed or called to active duty to a foreign country.
A qualifying exigency may include attending certain military events, arranging for alternative childcare and attending certain school activities, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployed reintegration briefings.
- You may take up to 15 days to spend time together during the service member's rest and recuperation leave.
- You may take up to seven calendar days for short notice deployment beginning with the date the military member is notified of an impending call or order to covered active duty.
You are entitled to up to up to 26 weeks of military caregiver leave to care for a covered service member or recent veteran with a serious injury or illness incurred or aggravated in the line of duty.
Here are some important rules and things to consider about taking time off under FMLA:
- FMLA is distinct from Chevron’s Family Leave. For more information, see FMLA and Chevron Family Leave.
- If you want to apply for job protection under the Family and Medical Leave Act of 1993 (FMLA) or a related state leave law, to be eligible you must give your supervisor and Reed Group at least 30 days’ notice, or as much notice as is practical. Review the Disability Management Program instructions.
- When you take a leave covered by the law, the company is required to continue your group health coverage as if you were still working. You must continue to pay your share of health care contributions while you’re absent.
- If you take time off for a birth or placement for adoption or foster care, the time taken must end within 12 months of the birth or placement.
- Although FMLA provides job protection, you should know that you have no greater right to reinstatement of your job or benefits than if you had been consistently at work during your FMLA absence. This means that if there is a layoff during your FMLA-protected absence, you have no greater protection than any other employee and you are subject to the possibility of layoff.
You can find additional information on the government website at https://www.dol.gov/general/topic/benefits-leave/fmla
Chevron provides employees with Family Leave Without Pay that offers similar job protection as FMLA. Moreover, the company’s Family Leave provides more time off for family reasons than the federal law, and it includes a broader definition of a family member. For example:
- Under Chevron’s Family Leave policy, you can take a leave for up to six months in any 12-month period, but under FMLA, your protected time is only up to 12 weeks in a rolling 12-month period.
- The company’s Family Leave policy includes as family members your spouse, domestic partner registered with Chevron, children, parents, grandparents, parents-in-law and siblings. FMLA includes only parents, spouse and children as “family.”
- You take a Chevron Family Leave for five months to care for your spouse who is seriously ill. The first three months (12 weeks) of Family Leave would be protected under both FMLA and the company’s Family Leave policy. The last two months of the leave wouldn’t be protected under FMLA, but would be protected under the Family Leave policy. (This example assumes that for the past 12 months you have not had any time off that was protected under FMLA.)
Other times, you can take a Chevron Family Leave that is not eligible for protection under FMLA, since it’s not an absence that’s covered under FMLA. For example:
- You go on the Chevron Family Leave for three months to care for a seriously ill sister. None of the time on leave is protected under FMLA because sisters are not considered family members under FMLA. However, the entire three months on Chevron’s Family Leave is protected under the provisions of the company’s policy.
For more information, see HR Policy 112 for U.S.-Payroll Employees Family Leave (intranet access only).
The rules about what time qualifies as Chevron Family Leave and FMLA are complex, and there are different procedures for reporting and qualifying for the time off. If you have questions about how your time off may be counted or what you need to do, contact Reed Group at 1-888-825-5247.
See the at-a-glance chart for a quick look at the provisions of FMLA and Chevron Family Leave, as well as several California laws that apply to time off. Information about Chevron's Leave of Absence policies is available on the U.S. HR intranet website in the Employee Benefits section.
If you have questions or want to learn more about your other benefits while on leave, including the cost of your health care coverage, contact the HR Service Center at 1-888-825-5247.