Q. Where can I find more detailed information about FMLA?
A. Administrative Directive 3-72.
Q. Who is eligible for FMLA?
A. In order to be eligible for FMLA, you must meet the following conditions: 1) have been employed by the City of Dallas for at least 12 months; 2) worked at least 1,250 hours in the 12 months preceding the use of family leave. The 1,250 hours requirement does NOT include time paid but not worked (sick, vacation, compensatory, workers’ compensation), nor does it include unpaid leave or periods of layoff. The 12 months need not to have been consecutive. Separate periods of employment will be counted, so long as the break in service does not exceed seven years. [AD 3-72 3.5]
Q. How much leave am I entitled to under FMLA?
A. If you are an "eligible" employee with a qualifying health condition, you are entitled to 12 weeks of leave (480 hours) during a 12-month period. *City of Dallas employees recertify every 6 months
Q. How is the 12-month period calculated under FMLA?
A. The FMLA ensures all eligible employees a maximum of 12 weeks of leave within a 12-month period (except for military caregiver which allows for a maximum of 26 weeks of leave). Beginning January 1, 2003, the City uses a rolling 12-month period, is measured forward, beginning when the employee first starts taking FMLA . [AD 3-72 4.3]
Q. If my doctor fills out the FMLA with a year time frame, will my FMLA be approved for 1 year?
A. Employees are allowed up to 12 weeks within a 12-month period for approved conditions; however, all City employee are required to recertify every 6 months.
Q. Does the FMLA a guarantee paid time off?
A. Family and medical leave as defined in the AD 3-72 directive as unpaid except when other certain paid leave balances are available as outlined in this directive. The City of Dallas requires the use of paid leave balances in conjunction with the use of FML. Available paid leave balances will run concurrently with any FMLA. [AD 3-72 3.6]
Q. Can my FMLA be denied if not submitted timely?
A. Failure to inform the supervisor within 2 days of return to work that an absence was related to an FML qualifying condition, and to provide the requested FML certification to the FML Coordinator in the Human Resources Service Center within 15 days of the employee’s return to work may result in the employee forfeiting coverage for that particular absence. [AD 3-72 7.4]
Q. Does workers' compensation leave count against an employee's FMLA leave entitlement?
A. Yes. An employee absent from work due to a work-related injury or illness will automatically be placed on FML. FML will run concurrently with on-the-job "injury" leave. If the workers' compensation claim is denied, a qualifying employee could still utilize FML. [AD 3-72 7.3]
Q. Can the employer count leave taken due to pregnancy complications against the 12 weeks of FMLA leave for the birth and care of my child?
A. Yes. An eligible employee is entitled to a total of 12 weeks of FMLA leave in a 12-month period. If the employee must use some of that leave for another reason, including complications with the pregnancy, it may be counted as part of the 12-week FMLA leave entitlement.
Q. What happens if I cannot bring my FMLA?
A. FMLA Coordinator will accept: 1) Fax from doctor’s office only 2) Sealed interoffice envelope of the original FMLA 3) Us Mail 4) Original Delivered in person.
Q. If my spouse works for the city, are our 12 weeks combined?
A. If both spouses are employed by the City of Dallas, the combined leave for both of them to care for the employee's parent with a serious health condition, or for spouses/domestic partners to care for a child at birth, or for the placement of a child with the employee for adoption or foster care is limited to 12 weeks during the 12 month period. In the event of a non-related qualifying condition, an employee is entitled to the difference between the weeks of leave he or she has taken, as captioned above, and 12 weeks to care for a child or spouse with a serious health condition or due to their own serious health condition. [AD 3-72 4.6.2]
Q. Who is considered an immediate "family member" for purposes of taking FMLA leave?
A. Self, Spouse, Parent, Child under the age 18 age 18 or over unless they are "incapable of self-care" because of a mental or physical ability that limits one or more of the "major life activities" as those terms are defined in regulations issued by the Equal Employment Opportunity Commission (EEOC) under the Americans With Disabilities Act (ADA). [AD 3-72 3 ]
Q. May I take FMLA leave for visits to a therapist, if my doctor prescribes the therapy?
A. Yes. FML may be taken intermittently whenever it is medically necessary to care for a seriously ill family member, designate care recipient, covered service member, or covered veteran, or because the employee is seriously ill and unable to work. If the need for intermittent leave is foreseeable based on planned medical treatment, the employee is responsible for scheduling the treatment in a manner that does not unduly disrupt the employer's operations, subject to the approval of the health care provider. The supervisor will document the intermittent or reduced work schedule that the health care provider certifies the employee may need and forward a copy to the FMLA Coordinator for record keeping purposes. [AD 3-72 6.1]
Q. Do I have to give my employer my doctor notes for leave when approved for FMLA?
A. You do not have to provide doctor notes, excuses when FMLA has been approved. The FMLA coordinator may; however, request that you provide additional information.
Q. How do I determine if I have worked 1,250 hours in a 12-month period?
A. Your individual record of hours worked would be used to determine whether 1,250 hours had been worked in the 12 months prior to the commencement of FMLA leave. As a rule of thumb, the following may be helpful for estimating whether this test for eligibility has been met:
• 24 hours worked in each of the 52 weeks of the year; or
• over 104 hours worked in each of the 12 months of the year; or
• 40 hours worked per week for more than 31 weeks (over seven months) of the year.
Q. Can my employer make inquiries about my FML application?
A. Yes. Only the FMLA coordinator may make inquiries directly to the certifying physician for purposes of validating the dates of coverage, dates of incapacities, dates of intermittent leave, dates of other treatments, etc.; as well as to validate the licensing and certifying number of the physician, or the authenticity of the physician's signature.
Q. Will I lose my job if I take FMLA leave?
A. Generally, no. It is unlawful for any employer to interfere with or restrain or deny the exercise of any right provided under this law. Employers cannot use FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions; nor can FMLA leave be counted under "no fault" attendance policies.
Q. I work for DPDU/DPDC, DFDU/DFDC, PKR who do I submit my FMLA to?
A. FMLA Coordinators:
DFDU/DFDC= Rachel Roberts 214-670-4177, 1551 Baylor St., Suite 200
DPDU/DPDC= Rose Blackmon 214-671-4437, 1400 S. Lamar St. Police Headquarters
PRKs = Beatrice Olivas 214-670-4070, Dallas Park and Recreation Dept. City Hall L2
All others: Laura Campos-Martinez 214-671-6947 option 6, City Hall 6AN
Q. Designated Care Recipient who is eligible?
A. Employees who select a "designated care recipient" may make a single designation at any time. In making the designation of a "designated care recipient," the employee will be required to provide verification that the employee shares the same household with the designated care recipient and attest to the fact that the individual selected resides in the same household as the employee and intends to reside in the same household as the employee on a continuous basis. Verification provided must include a complete identification of the "designated care recipient" by name, address, and telephone number, along with a copy of the designated care recipient’s valid driver’s license, passport or identification card, and one additional form of identification showing that the employee and the "designated care recipient" reside in the same household, such as a copy of a utility bill. [ AD 3-72 4.5.7 ]
Q. If approved for FMLA leave do I have to call in everyday?
A. Yes, for intermittent leave, with indefinite usage and/or date of return, the employee is responsible for contacting his or her supervisor daily during the leave period, unless the supervisor specifies differently. The contact must be during regular business hours. Only if your FMLAs is approved "Block" then you do not have to call in daily. You may refer to the AD 3-72 regarding "Intermittent Leave" approval and "Block" approval.
Q. I am a temporary that works for the city do I qualify for FMLA?
A. Please apply for FMLA to see if you meet the eligibility criteria.
Q. I took my FMLA to the doctor’s office and they are charging me?
A. Any fee(s) charged for completion of the FML forms will be paid by the employee. [ AD 3-72 5.4]
Q. When should I submit my FMLA ?
A. The employee ordinarily must provide 30 days advance notice when the need for FML is foreseeable. Employees requesting FML for either birth, placement of a child, or planned medical treatment for a serious health condition of the employee or covered family member should provide 30 days notice prior to the requested leave. or as soon as practicable. However, if 30 days is not practical, in cases such as lack of knowledge of when the leave will begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable, which ordinarily means at least verbal notification to the supervisor within one or two business days of when the need for FML becomes known.