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FAQs

1. Who is responsible for beginning the FML process?

   Human Resources is responsible for evaluating the reason for the leave and starting the FML process. An employee is not required to request FML. The employee does not need to specifically assert his or her rights under FML or even mention FML.

2. How much notice an employee give before taking FML?

   When the need for leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment, an employee must provide at least 30 days’ notice. If 30 days’ notice is not possible, an employee is required to provide notice "as soon as practicable." Employees must also provide notice as soon as practicable for foreseeable leave due to a qualifying exigency, regardless of how far in advance such leave is foreseeable. When the need for leave is unforeseeable, employees are required to provide notice as soon as practicable under the facts and circumstances of the particular case.

3. What reasons for leave are covered by FML?

   There are five primary categories of qualifying absences under the FMLA: the birth and bonding of a newborn child, adoption or foster care of a child, an employee's own serious medical condition, a covered family member's serious medical condition and certain situations relating to service in the Armed Forces. 

   Get more information about qualifying reasons. 

4. Does an employee have to share all information about a medical condition with a supervisor?

   No. The employee does not have to share anything about a medical condition. The employee must, however, provide "sufficient information" to make the supervisor aware of the need for FML and the anticipated timing and duration of the leave.

5. What if I do not want my employer to know about my medical condition?

   An employee is required to provide a complete and sufficient medical certification in order to take FML due to a serious health condition.  Larimer County does have a statutory right to request that an employee provide a medical certification containing sufficient medical facts to establish that a "serious health condition" exists.

6. Does an employee have to use paid leave in conjunction with FML?

   When an employee is on FML, accrued leave must be used simultaneously.  Employees will not be permitted to be in an unpaid status while utilizing FML if they have accrued paid leave available.

   • The employee’s accrued sick leave will be used until it is exhausted.

   • Then, unless an employee is on Short Term Disability, the employee’s accrued paid leave will be used until exhausted in this order:  administrative leave, holiday leave, compensatory leave, and then vacation leave.

   • For employees on Short Term Disability, the amount of paid leave necessary for the employee to be made whole (approximately 40%) will be used until exhausted in this order:  administrative leave, holiday leave, compensatory leave, and vacation leave.

   If an employee exhausts their paid leave balances prior to the end of their FML, leave will be marked as Sick Leave Without Pay (SLWOP) on their timesheet.

7. How much leave can an eligible employee use under the FMLA?

   It depends on the reason for the leave: either 12 or 26 work weeks. For an employee's or covered family member’s "serious health condition", qualifying military exigency, pregnancy/birth, placement of a child with the employee for adoption or foster care, an employee is eligible for up to 12 work weeks in a 12 month period. For caregiver leave for a serious injury or illness arising out of military duty, an employee is able to take up to 26 work weeks of leave.

   Additionally, married employees employed at the County must share the 12 or 26 work weeks that would be available to them for the following reasons: birth of a child and bonding, placement of a child with the employee for adoption or foster care, care of a parent with a serious health condition, and care for a covered service member with a serious health condition or injury.  Please click here for more information.

8. How is the 12 or 26 weeks within 12 months calculated?

   A rolling 12-month cycle measured backwards is used to determine what amount of FML is available for an employee.  When an employee needs FML, Human Resources will verify the amount of FML that an employee has used during the 12 month period immediately preceding the first day of the proposed FML.  If no FML has been utilized in the previous 12-month period, the employee will be eligible for the full 12 or 26 weeks of FML.  If FML has been utilized in the previous 12-month period, the amount of leave used will be subtracted from the 12 or 26 week entitlement to establish the available FML.

9. Can FML be taken on an "as needed" basis? Or does it have to be used all at once?

   An employee’s healthcare provider (HCP) will certify whether the employee needs to take the leave in a continuous block of time or take the leave intermittently.  If the employee’s HCP certifies that the need for leave can be used intermittently, Human Resources will make the appropriate arrangements, such as reassigning the employee to different duties. 

10. How can an employee find out more information about FML rights and responsibilities?

    Get a copy of the Federal notice.  Employees can also go to the U.S. Department of Labor’s FMLA page and find more detailed information.