Family & Medical Leave
The Family and Medical Leave Act of 1993, as amended in 2008, allows eligible employees of a covered employer to take job-protected, unpaid leave, or to substitute paid leave if earned or accrued.
Qualifying Events
Leave may be taken for the following qualifying events:
- Birth of a child.
- Placement of a child for adoption or foster care.
- For the care of a spouse, child, or parent who has a serious health condition.
- The serious health condition of the employee which prevents the employee from performing the essential functions of his/her job.
- Because of a qualifying exigency arising out of the fact that the employee’s spouse, child, or parent is on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation.
- For the care of a covered servicemember with a serious injury or illness.
Eligibility
To be eligible for family-medical leave employees must have:
- Been employed in an agency under the executive authority of the Governor for at least twelve (12) months (consecutive or non-consecutive).
- Have worked at least 1250 hours in the twelve-month period immediately preceding the need for family-medical leave.
- Have not exhausted their allotment of family-medical leave in the applicable time period.
Applying for Family-Medical Leave
To apply for family-medical leave, the appropriate forms must be submitted within specific time periods.
- Family-Medical Leave Request Form
requires submission of appropriate Certification Form(s)- Certification of Health Care Provider for Employee’s Serious Health Condition
- Certification of Health Care Provider for Family Member’s Serious Health Condition
- Documentation of birth or placement of child with Employee
- Certification of Qualifying Exigency for Military Family Leave
- Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave
Please note:
If the need for leave is foreseeable, requests must be submitted at least thirty (30) days prior to taking the leave, or if this is not possible, on the same or next business day of learning of the need for leave. Documentation supporting the need for foreseeable leave must be submitted prior to the beginning of the leave, but in no circumstances later than fifteen (15) calendar days after notice of the need for leave.
If the need for leave is not foreseeable, requests must be submitted in accordance with general leave request policies – fifteen (15) minutes before the shift or one (1) hour before shift in a 24/7 operation - barring extenuating circumstances which prevent notice by the employee, or employee’s spokesperson, within that time frame. Documentation supporting the need for unforeseeable leave must be submitted no later than fifteen (15) calendar days after the beginning of the leave.
Important FMLA documents
State's FML Policy Statement
Responsibilities and Procedures
These documents explain how family-medical leave is administered by the State of Indiana
US Department of Labor’s Notice to Employees of Rights under the FMLA
This document is required by the US DOL to be provided to employees of covered employers. The State of Indiana is a covered employer.
Disability Forms
If there is a chance that a leave for the Employee’s own serious health condition may last more than 30 calendar days, then the Employee should apply for the State’s Short/Long Term Disability Plan by completing and submitting the following 6 forms.
- Employee's Statement of Claim
- Employee's Authorization for Release of Medical Information
- Options Statement
- Instructions for Submission of a Disability Claim
- Employer's Statement of Claim
- Attending Physician's Statement
Frequently Asked Questions
- Parental and Maternity
- Serious Health Condition
- Qualifying Exigency
- Care for a Covered Servicemember
- FML Dictionary
Training materials and opportunities
- Quick steps to enroll in online FMLA training
- Login to PeopleSoft ELM - link to online training
- Search for jobs with Indiana State Government
- Learn more about working for the state of Indiana
- View my current benefits summary
- Ask SPD a question related to my benefits
- Learn more about Performance Management
- View a list of job codes and/or the state's pay plan
- View available training from SPD
- View information on state employee policies
- View health insurance plans offered by the state
- Attend a new employee orientation event
