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Vsevolod Chernov
Vsevolod Chernov


The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:


The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:

Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.

The U.S. Office of Personnel Management (OPM) provides leadership on Federal leave policies and programs. We accomplish this by developing and maintaining Governmentwide regulations and policies for agencies to use to administer leave, including annual leave, sick leave, the Family and Medical Leave Act, Federal leave sharing programs, military leave, and time off for special circumstances - e.g., early dismissal or closure for weather emergencies. Ultimately, each Federal agency is responsible for complying with the law and OPM's Governmentwide regulations and following OPM's policies and guidance to administer leave policies and programs for its own employees.

The fact sheets below provide information on various topics concerning leave administration for Federal employees covered under title 5 of the United States Code and title 5 of the Code of Federal Regulations. The title 5 statutes regarding leave administration can be found in 5 U.S.C chapter 63, Leave. OPM's regulations on the establishment of work schedules can be found in 5 CFR part 630, Absence and Leave.

This index highlights the laws, regulations, and other references relating to Federal leave programs and policies. The index is a valuable resource for researching major leave subject-matter areas. Please contact your agency personnel office, library, legal office, or information technology office to obtain copies of the documents cited (e.g., laws, regulations, Executive orders, opinions of the Comptroller General (Comp. Gen.)1, etc.). Since each agency is responsible for Federal leave administration, it is imperative that you also consult your agency's internal policies and collective bargaining agreements, as applicable.

Presidential memoranda and Office of Personnel Management (OPM) guidance materials on expanded family and medical leave policies and participation of Federal employees in volunteer activities may be accessed on the Pay & Leave section. See our leave fact sheets.

On September 30, 2020, covered employees in New York State began to accrue leave at a rate of one hour for every 30 hours worked. On January 1, 2021, employees may start using accrued leave.

If planning ahead, you may start your online application up to 60 days in advance for a planned medical procedure or pregnancy claims. To avoid deletion of your draft application: (1) within 14 days of starting the application, provide all information and confirm your claim; then (2) within 14 days of starting your leave, certify and file your claim. If applying after your disability period begins, you have 30 days from your first day of disability to file your application.

The Temporary Disability Benefits Law does not specify how far in advance you must notify your employer for medical leave, as many disabilities are unforeseeable circumstances. However, we encourage you to keep your employer informed whether your leave for medical reasons is scheduled in advance or not. Having an open discussion with your employer about your need for medical leave will allow them to prepare for your absence and make adjustments to work schedules, if necessary. Your employer may also be able to provide insight on job protection and if you qualify for it through the federal Family and Medical Leave Act (FMLA).

Temporary Disability Insurance benefits are considered taxable income for purposes of both the federal income tax and FICA (Social Security). Federal income tax will not be withheld from your benefit payment each week unless you request it when you file, or submit IRS form W-4S to us (for state plan claims) or your employer (for private plan claims). Your share of FICA and Medicare is automatically deducted from state plan benefit payments. Garnishments and any refunds owed from a previous disability or family leave claim will also be withheld from your benefit payments.

The amount of your benefits that is taxable will be reported to your employer in January of the year following the receipt of your benefits. It is your employer's responsibility to include that information on your W-2 annual earnings statement, often listed as "third party sick pay" or "other wages." Keep in mind, benefits are federally taxable during the year that payments are issued, which may not always match up with when your leave occurred. For example, if you file an application for a period of disability in December 2022 but payments are not issued until January 2023, they will not be included on your W-2 for 2022.

Besides providing the right plants, and protecting your garden from pesticides, one of the next most valuable things you can do to support pollinators and other invertebrates is to provide them with the winter cover they need in the form of fall leaves and standing dead plant material. Frequently however, this is the hardest pill for gardeners to swallow.

In the past gardeners may have worried that fall leaves, matted down by snow or rain, would have a negative impact on their perennials. In reality, a thick layer of leaves provides additional insulation against bitter cold weather, and can protect newly planted perennials when frost-heave may expose tender roots. Anyone who has spotted fragile spring ephemerals popping up in the woods knows that all but the frailest of plants will burst through the leaf litter in spring without trouble.

Organ Donor LeaveLeave that is granted to an employee who is an organ or bone marrow donor.Amount of Leave: In any 12-month period, an employee may use up to 7 days of organ donation leave to serve as a bone marrow donor; and 30 days of organ donation leave to serve as an organ donor. Employee must contact their human resources office to apply.

Temporary State employees who regularly work at least 12 hours in a week (even if, on occasion, the employee works less than 12 hours in a week) and permanent State employees whose percentage of employment is below 50% will accrue at least 1 hour of sick and safe leave for every 30 hours that the employee works. If a temporary employee already earns leave in accordance with the Executive Order 01.01.2017.09, Sensible Paid Leave in the Executive Branch of State Government, the employee will not earn additional leave.

5.If the absence from work is necessary due to domestic violence, sexual assault, or stalking committed against the employee or the employee's family member, and the leave is being used by the employee to obtain for the employee or the employee's family member:

An employer is not required to allow an employee to earn more than 40 hours of sick and safe leave in a year; accrue more than 64 hours at any time; or use more than 64 hours of earned sick and safe leave in a calendar year. If an employee has unused earned sick and safe leave at the end of the year, the employee may carry over the balance of the earned sick and safe leave to the following year, up to a 40-hour carryover maximum.

Representatives from the Office of Human Resources and the leave program implementation team will provide updates on the transition process, how accrued time off will be honored and assist in answering questions. Faculty and staff are invited to attend one of the upcoming information sessions taking place on each campus.

Information, including a recorded video option, will be accessible on this webpage once all information sessions conclude in April for anyone unable to attend the sessions in person. You may review current leave balances in myHR under "My Time" > "Leave/Comp Time." See the Time Reporter Training Guide (PDF, pg. 9) for step-by-step instructions. MU Health Care employees can check their available time balances using Kronos.

The new leave program combines the current separate buckets of leave (vacation, sick, and personal) into one PTO bucket. Under PTO, employees will no longer have to choose from a specific bucket of time, but will instead have the flexibility to use the time off as they choose. For the first time, the university will also offer paid parental and caregiver leave, as well as short-term disability.

Who is eligible for the new leave program? Are faculty included?The new leave program includes regular benefit-eligible administrative, service and support positions and certain non-regular academic employees as approved by the chancellor and president. As part of the implementation of the new leave program, we are evaluating which "non-regular academic" positions may be eligible. Additional information will be provided as it is available. 041b061a72


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