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 Family and Medical Leave Act (FMLA) Qualifying Period

 

MEMPHIS AND SHELBY COUNTY HUMAN RESOURCES
160 North Main Street, 9th Floor, Memphis, Tennessee 38103

TO:

All County Employees

FROM:

Michael Lewis, Human Resources Administrator

DATE:

June 9, 2009

SUBJECT:

FMLA Qualifying Period                                         

Shelby County's Human Resources Department, in conjunction with your elected official and/or division director, is centralizing Family and Medical Leave Act (FMLA) administration within the FMLA section of Human Resources.  This is an administrative measure to improve the consistency, efficiency, effectiveness and compliance with all matters related to the FMLA process countywide.

One of the key eligibility requirements for coverage under FMLA is that an employee must have worked 1,250 hours during the 12 months immediately preceding a request for FMLA coverage. FMLA provides eligible employees up to 60 days of leave in a 12 month period and authorizes several methods to determine when the 12 month period begins. Methods used within the County have been varied. We have had advanced discussions with the U.S. Department of Labor in order to determine a uniform method the County will use to maximize efficiency and consistency. As a result of those discussions, Shelby County will now use only one method to determine the eligibility period for FMLA use - the 12 month period will be based on the date that the need to use FMLA leave begins. The Family & Medical Leave Act requires sixty (60) days advance notice to employees prior to any changes to the method used for determining the FMLA leave period. This document serves as that notification to ensure all employees are notified of the uniform method the County will use. After the 60 day notice period expires, the next time you have the need to use FMLA will be the date used to determine if you qualify with 1250 hours worked in the last 12 months to begin a new FMLA year of up to 60 days of leave.

This change will have absolutely no impact on your ability to request FMLA coverage, or the amount of leave time available under the law.  This is an administrative measure intended to improve the efficiency and effectiveness of the FMLA process and combine all County departments under one method.  All employees will be provided information regarding family medical leave changes before the new procedures are implemented.

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