The
FMLA provisions are outlined in the NAPE/AFSCME and State of Nebraska
Labor Contract, the SLEBC and State of Nebraska Labor Contract, the
Classified System Personnel Rules and Regulations, and federal statutes
and regulations. FMLA leave is
unpaid time off from work. An
employee can use paid vacation leave, compensatory time, or sick leave as
part of their 12 weeks (26 weeks for service member care) of FMLA Leave, if the employee should so choose.
Employers have the right to require that employees use paid leave during
FMLA. Currently, the State is not requiring this use, but it could
do so in the future.
An employee must have at least twelve total months of service and
at least 1250 hours of service in the previous twelve month period to be
eligible for FMLA Leave. Temporary
employment with the State of Nebraska counts toward an employee’s
eligibility.
Eligible
employees are entitled to take FMLA Leave for the following reasons:
1.
To care for the employee’s child after birth, or the
adoption or placement of a foster child with the employee.
2.
To care for a son, daughter, spouse or parent with a serious
health condition.
3.
For the employee’s own serious health condition.
4.
For an exigency caused by a family member who belongs to the
regular Armed Forces, the Reserves, or National Guard, being called to active duty
deployment to a foreign country.
5.
To care for a spouse, child, parent or next of kin who is a service
member and is injured or becomes seriously ill, or whose injury or illness
was aggravated, while on active duty or within five years of leaving the
Armed Forces. Up to 26 weeks
of leave is allowed during a 12 month period, including any other FMLA
time used.
