Confidential — for Internal Use Only
Associate Handbook August 2016 |
83
Definitions
For purposes of leave granted under the FMLA or D.C. FMLA, the following definitions apply:
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Family member (under D.C. law):
a person related to you by blood, legal custody, marriage, a child who lives
with you and for whom you permanently assume and discharge parental responsibility, or a person with
whom you share or have shared, within the last year, a mutual residence and with whom you maintain a
committed relationship
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Spouse:
a husband or wife, which refers to the other person with whom an individual enters into marriage as
defined or recognized under applicable law
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Son or daughter:
a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing
in loco parentis (in place of or for a parent), who is either under the age of 21, or who is age 21 or older
and incapable of self-care because of a mental or physical disability, or under age 23 and a full-time student
at an accredited college or university. Foster care is defined as care required by state action, rather than an
informal arrangement made to take care of another person’s child.
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Parent:
a biological, adoptive or foster parent, a stepparent, a legal guardian, or a person who acted in the
place of a parent when the associate was a child. This term does include a parent “in-law.”
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Serious health condition:
an illness, injury, impairment, or physical or mental condition that involves inpatient
care in a hospital, hospice or residential health care facility or continuing treatment by a health care
provider. This term also includes prenatal care. If you have questions about coverage requirements or the
definition of a “serious health condition,” contact Human Resources.
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Health care provider:
a doctor of medicine or osteopathy who is authorized to practice medicine or surgery by
the state in which the doctor practices or any other person who the Secretary of Labor determines is capable
of providing health care services. Questions as to what providers are acceptable should be directed to Human
Resources. Under D.C. law, a Health Care Provider is defined to include any person licensed under federal,
state or D.C. law to provide health care services (it does not have to be a doctor of medicine or osteopathy).
Eligibility
You are eligible for unpaid leave under the FMLA if you meet both of the following criteria:
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Have been employed by ICMA‑RC for at least 12 months
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Have performed at least 1,000 hours of service during the previous 12-month period under the D.C.
FMLA, or 1,250 hours under the federal FMLA
Note:
For the purposes of determining FMLA time-in-service eligibility, your time spent fulfilling National Guard or military reserve
obligations will be included in the calculation of your twelve months of employment and hours of service requirements, as long as you
have complied with the notice and reporting requirements.
Application and Procedures
A. NOTICE
You must provide timely notice of your need for FMLA leave. If the need for leave is foreseeable, such as
birth or planned medical treatment, you must complete the application for authorized leave at least 30 days
prior to the start of such leave. If the need for leave is not foreseeable, you must provide notice as soon as it is