Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 9 - LEAVE AND HOLIDAYS › Section 93-9-006 - Family and Medical Leave (FML)

Current through June 17, 2024
Family and Medical Leave (FML) is unpaid time off from work
				  and is subject to the provisions of 29 CFR 825 . An employee must have at least
				  twelve (12) total months of State service and have worked at least 1250 hours
				  in the previous twelve (12) month period to be eligible for FML. Employees may
				  request that accrued paid leave (e.g., vacation, sick) and compensatory time,
				  if the employee is subject to Chapter 8, Section 004, of this Title, be applied
				  along with the unpaid FML entitlement. In this case, any paid leave will run
				  concurrently with the FML entitlement.
Employees who are absent and receiving workers' compensation
				  benefits, or using any paid leave exceeding 40 hours for full-time employees or
				  exceeding the number of hours proportionate to the percentage of FTE for
				  part-time employees taken for any of the reasons listed in Section 006.03 of
				  this Chapter will have such leave credited against the twelve (12) week FML
				  entitlement beginning with the first date of absence. Unpaid FML not charged to
				  sick or vacation is subject to service date adjustments under Section 014 of
				  this Chapter.
If FML exceeds forty (40) hours during a twelve-month period
				  starting with the date FML is first used for full-time employees, or exceeds
				  the number of hours proportionate to the percentage of FTE for part-time
				  employees, sick leave must be used concurrently if the reason for the FML is
				  also a reason sick leave may be used under Section 005. If the reason for FML
				  is not also a reason sick leave may be used, or if and when accumulated sick
				  leave is exhausted, such employee will be required to utilize (1) accumulated
				  unused compensatory time off if the employee is subject to Chapter 8, Section
				  004, of this Title and (2) accrued vacation leave, in that order until
				  exhausted; however, vacation leave may be reserved in an amount up to forty
				  (40) hours for full-time employees, or proportionate to the percentage of FTE
				  for part-time employees unless Catastrophic Leave is requested per Section 013
				  of this Chapter.
006.01
Notice of Intent to Use Family and Medical Leave
. An
				employee must provide a minimum of thirty (30) calendar days notice to the
				Department before he/she may use Family and Medical Leave. Where thirty (30)
				calendar days notice is not foreseeable, notice must be given as early as
				possible. If certification of a serious health condition is required, FMLA
				forms must be obtained from the Human Resources Office.
006.02
Family and Medical Leave
				Duration
. Total unpaid leave time taken for Family and Medical
				Leave is limited to twelve (12) weeks within a twelve (12) month period,
				starting with the date the Family and Medical Leave is first credited against
				the twelve (12) week entitlement pursuant to Section 006 of this Chapter.
				Employees may use accrued sick leave beyond the twelve (12) week Family and
				Medical Leave limitation for appropriate sick leave reasons as defined in
				Section 005.01 of this Chapter, with proper certification from a health care
				provider. Family and Medical Leave cannot be carried forward beyond the twelve
				(12) month period and banked for future use.
Incremental Use
. With the approval
				  of the Department, Family and Medical Leave may be taken in increments with
				  proper medical certification. Federal law allows employees not eligible for
				  overtime (e.g., exempt employees) to make incremental use of unpaid Family and
				  Medical Leave without affecting their "salaried" status.
006.03
Conditions for Using
				Family and Medical Leave
. An employee may use Family and Medical
				Leave for the following reasons:
006.03A Birth
				of a child of the employee and care for that newborn child;
006.03B Placement of a child with the
				employee for adoption or foster care;
006.03C In order to care for the employee's
				spouse, child, or parent, if such spouse, child, or parent has a serious health
				condition.
006.03C1 Spouse means a husband or
				wife as defined or recognized under law for purposes of marriage in the state
				where the employee resides, including common law marriage in states where it is
				recognized. Child may include a biological, adopted, or foster child, a
				stepchild, a legal ward, or a child of a person standing in loco parentis, who
				is under eighteen (18) years of age or is eighteen (18) years of age or older
				and incapable of self-care because of a mental or physical disability. Care for
				mother-in-law or father-in-law is not included. However, parent may include
				individuals other than natural or adoptive parents who served in a long-term
				parental role for the employee.
006.03D A serious health condition that makes
				the employee unable to perform the functions of the employee's job.