ICMARC Associate Handbook August 2016

P P Associate A takes 16 weeks of family leave in year one. He is then eligible to take 16 weeks of medical leave in year two or up to 12 weeks of family leave. (He has used up his allotment of family leave under the D.C. law but still has 12 weeks available in year two under the federal law.) P P Associate B takes 4 weeks of family leave in year one. He is then eligible to take 12 weeks of family leave in year two. The use of 4 weeks in year one does not mean that 16 weeks of family leave are available in year two, because the D.C. leave and federal FMLA leave time run concurrently or together. This means that the four weeks of family leave associate B takes in year one reduces the 16 weeks of family leave allowable under D.C. law to 12 weeks in year two. Associate B will not be able to count his year one leave only against the federal FMLA leave for year two. This means that unless the employee qualifies for federal Servicemember Care Leave (see below), the amount of leave available for year two is 28 weeks (16 medical leave under the D.C. FMLA, with 12 of those weeks running concurrently under the federal law, and up to 12 additional weeks of family leave under the D.C, law). For purposes of determining the amount of leave available, D.C. and federal leave are not counted separately but form one bank of leave. This means that the amount of leave available in a two- year period (setting aside federal Servicemember Care Leave) may be as much as 32 weeks (16 weeks for family leave and 16 weeks for medical leave) and up to 12 more weeks of FMLA which may be used, in whole or in part, if the 32 weeks of family and or medical leave required by the D.C. law are used during the first year. Employment and Other Activities During Leave It is a violation of this policy for an employee to engage in activities that violate specific health care provider’s restrictions or the employer’s policies, including where applicable, obtaining or maintaining any other employment while on leave of absence. Such a violation will subject the employee to termination of employment. If during FMLA leave you commence work elsewhere at a new job or engage in activities that are inconsistent with your FMLA leave, ICMA‑RC reserves the right to discharge you. Servicemember Care Leave In addition to other types of FMLA leave described in this section, ICMA‑RC also offers Servicemember Care Leave for families and caregivers of military personnel and leave in connection with active duty for any qualifying exigent (urgent) situation. Servicemember Care Leave is provided under the federal FMLA only. CAREGIVER LEAVE You may take Servicemember Care Leave to care for qualified family members in the armed forces, or who served in the preceding five years, who are undergoing medical treatment, recuperation or therapy, or otherwise in outpatient status, for an illness or injury sustained in the line of duty that renders the family member medically unfit for duty, or in the case of a veteran for a qualifying injury or illness. A “qualified family member” for Servicemember Care Leave is the associate’s spouse, son, daughter, parent or next of kin of the ill or injured member of the armed forces. The term “next of kin” means the nearest blood relative of the injured servicemember. Servicemember Care Leave may last for up to 26 weeks during a single 12-month period for eligible associates. However, the combined total of all types of federal FMLA leaves, including Servicemember Care Leave, cannot exceed 26 weeks in a single year.

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Associate Handbook August 2016 | 86

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