Page 53 - Mission updated and revised Employee Handbook (00022854).DOCX

Employee Eligibility for Leave: In order to qualify for FMLA benefits, the employee must:

➢ Be employed for at least twelve (12) months and have worked at least 1,250 hours during
the 12-month period prior to making a request for FMLA leave; and
➢ Submit the appropriate documentation to support the need for FMLA leave.

Family Medical Leave Definitions: The Family Medical Leave Policy is administered in
accordance with the following definitions:

➢ “Child” means biological, adopted or foster child, a step-child, legal ward or a child of a
person to whom the employee stands in loco parentis, who is under the age of 18, or is
age 18 or older and is “incapable of self-care because of a mental or physical disability”
at the time that FMLA leave is to commence.

➢ “Spouse” means the employee’s husband or wife as recognized in the state where the
individual was married and includes individuals in a same-sex marriage or common law
marriage. Spouse also includes a husband or wife in a marriage that was validly entered
into outside of the United States if the marriage could have been entered into in at least one
state in the United States.

o Spousal leave rules do not apply to civil unions or domestic partnerships, as they
are not “marriages” as defined or recognized under state law.

➢ “Parent” means the employee’s biological, adoptive, step or foster father or mother, or
any other individual who stood in loco parentis to the employee when the employee was
a child. It does not include a parent in-law.

➢ “In Loco Parentis”: The FMLA regulations define in loco parentis as including those
persons with day-to-day responsibilities to care for or financially support a child.
Employees who have no biological or legal relationship with a child may, nonetheless,
stand in loco parentis to the child and be entitled to FMLA leave. Similarly, an employee
may take leave to care for someone who, although having no legal or biological
relationship to the employee when the employee was a child, stood in loco parentis to the
employee when the employee was a child, even if they have no legal or biological
relationship (Please see the Benefits Department for additional information on the
determining factors regarding in loco parentis status.)

➢ “Serious Health Condition” means an illness, injury, impairment, or physical or mental
condition that involves either:

o In-patient Care: Care that requires an overnight stay in a hospital, hospice, or
residential medical care facility, including any period of incapacity or any
subsequent treatment in connection with such in-patient care.

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