Family Medical Leave Act (FMLA)
FMLA generally provides up to 12 weeks of unpaid, job protected leave for certain family and medical reasons during a 12 month period. The 12 month period of entitlement is a rolling period measured backward from the day that you use any FMLA leave. FMLA leave may sometimes be taken on an intermittent or reduced work schedule basis if medically necessary.
To be eligible for FMLA leave, you must have worked for the Company for at least 12 months (the months need not be continuous) and you must have worked at least 1,250 hours in the 12 months prior to the first day of leave. Eligibility for FMLA coverage is measured from the date the leave is taken.
Employee’s Own Condition:
- Childcare following the birth of a child or placement of child for adoption or foster care. The right for this leave ends 12 months after the birth or placement of your child.
- For a serious health condition that makes you unable to perform your job. A “serious health condition” is an injury, illness, impairment, or physical or mental condition that involves:
- inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical-care facility; or
- continuing treatment by (or under the supervision of) a health care provider that involves a period of incapacity of more than three days,
- pregnancy/prenatal care;
- a chronic health condition that requires periodic treatment over an extended period of time and may cause episodic periods of incapacity;
- periods of incapacity for which treatment may not be effective; and
- any period of absence to receive multiple treatments by a health care provider (e.g. chemotherapy, radiation, severe arthritis, kidney disease).
Need to care for family member:
- Spouse, domestic partner, parent, son or daughter with a serious health condition.
- Newborn bonding, adoption and foster placement.
Providing support to a family member in armed services:
- Care for a family member with injury or illness suffered while on active military duty.
- Seeing to arrangements required as a result of a family member being called to active service.
How to Apply for FMLA
- Notify your supervisor of your intention to take leave under FMLA. Where the necessity for leave is foreseeable, you are required to provide at least 30 days advance notice. If leave is required in less than 30 days due to a change in circumstances or a medical emergency, or if the need for leave was not foreseeable, the notice must be provided as soon as practicable.
- Request your leave online at www.mylincolnportal.com (Company Code: TRIBPUB) or by calling 855-832-9585.
- When leave is intermittent, you will need to contact Lincoln Financial for each increment of time you are using as FMLA. Instructions will be sent to you once your FMLA is approved.
- When leave is taken for medical reasons, you will be required to provide a certification from the health care provider of the person requiring care, whether it is yourself or your spouse, child, or parent. Lincoln Financial will reach out to medical provider.
- Lincoln Financial will communicate with you regarding the status of your application.
Pay on FMLA
FMLA leave is unpaid. The Corporate Benefits Team will supplement your unpaid FMLA with any accrued available flexible paid time off:
- If you request bonding leave because of a birth, adoption or foster care placement of a child, any accrued available flexible paid time off will be substituted for unpaid family medical leave and run concurrently with your FMLA leave.
- If you request leave because of your own serious health condition, or to care for a covered relation with a serious health condition, any accrued available flexible paid time off will supplement unpaid family medical leave and run concurrently with your FMLA.
- California employees will be required to exhaust two weeks of accrued available flexible paid time off to supplement unpaid FMLA regardless if they apply for Paid Family Leave (PFL) through the state.
- If Non-Exempt employees do not want to exhaust their accrued available flexible paid time off during FMLA, they have the option to save up to five accrued available flexible paid time off days with advanced notice to email@example.com. Reserving five days allows employees to use at a later date during the year but please be aware that flexible paid time off does not cross over years unless required by state law. If you do not use your reserved days by the end of the year, they will be forfeited.
If approved for FMLA, the Corporate Benefits Team will supplement your unpaid FMLA with FTO for up to five weeks per year.
- If you request bonding leave because of a birth, adoption or foster care placement of a child AFTER receiving disability pay, your bonding time pay status is dependent upon whether it’s slotted as FMLA or FTO.
- If FMLA, the bonding period is unpaid because you have exhausted the five weeks of paid FMLA during the paid STD period. FMLA runs concurrently with STD; therefore, the first five weeks of STD is counted toward your five weeks of FTO eligbility. If FMLA, your bonding leave would be a job protected leave.
- If you report your return to work to Lincoln Financial after your disability is ended, your leave of absence would end. It would be at the discretion of your manger/department head if additional FTO would be allowed. It would be the responsibility of you or your manager to apply any additional FTO to your Workday calendar for this time. If the bonding period is slotted as FTO, it would not be considered a FMLA event nor is it a job protected leave.
- If you request a leave because of your own serious health condition, or to care for a covered family member (i.e. adoption, sick parent/spouse), up to five weeks of FTO will supplement your family medical leave and run concurrently with your FMLA.
- California employees: Paid Family Leave (PFL) is used to offset FTO during FMLA. For your PFL waiting week, we will apply one week of FTO at 100% to supplement FMLA. After one week, FTO will be offset by PFL. FTO will be reduced to approximately 45% of pay, 3.5 hours of FTO. PFL pays approximately 55% of pay, please contact the state directly for details. It is the employee’s responsibility to apply and coordinate directly with the state for PFL.
Your eligibility for up to five weeks of FTO while on FMLA is a 12 month rolling period measured backward from the day you use any FMLA. FMLA runs concurrently with STD; therefore, the first five weeks of STD is counted towards your five weeks of FTO eligibility.
Employees do not accrue vacation time during leaves of absence or other periods of inactive service, unless such accrual is required by applicable law.
Benefits on FMLA
During your approved Family Medical Leave, the company maintains your benefits (excluding 401k contributions) at the same level you had immediately prior to your leave. If your leave is unpaid, your benefit deductions are suspended. These deductions will resume once you return to work. In order to minimize the impact on your net pay, your premiums will be double-deducted until the balance due is repaid.
Returning to Work
You must report your “Return to Work” date within 7 days of returning to work. To report your RTW date, please call Lincoln Financial’s Return to Work Hotline at 855-832-9585,
option 4. The Corporate Benefits team will be notified of your RTW and return you from leave in WorkDay to reinstate regular pay. It is important that you report your RTW to avoid any delays with your regular pay.
State Leave Laws
Some states have laws that provide for different or additional leaves. The company abides by all state and local laws.