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FAQs
Management Benefits Fund > Family and Medical Leave Act


What is the Family and Medical Leave Act?
Who is eligible to take a leave of absence under FMLA?
Under what circumstances is a member entitled to apply for FMLA?
Will any City and Fund benefits continue while a member is on approved leave under FMLA?
Who is covered under City and Fund benefits while a member is on FMLA?
How does a member apply for leave under FMLA?
What happens when coverage under FMLA expires?

 

What is the Family and Medical Leave Act?
The Family and Medical Leave Act of 1993 (FMLA), which became effective February 5, 1994, entitles eligible and approved City of New York employees up to a maximum of 12 weeks of paid and/or unpaid leave in a 12-month period to care for an immediate family member or for the serious illness of the employee.

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Who is eligible to take a leave of absence under FMLA?
An employee is eligible for leave under FMLA if he or she has worked (1) for the City of New York for at least 12 months; and (2) at least 1,250 hours during the 12-month period prior to the start of the FMLA leave.

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Under what circumstances is a member entitled to apply for FMLA?
An eligible employee may apply for leave under FMLA for one or more of the following reasons:

  • For the care of the employee's newly born child, newly adopted child or newly placed foster child
  • For the care of an immediate family member (spouse, child under age 18, child age 18 or older but incapable of self-care because of a physical or mental disorder, or parent) with a serious illness (Please note that parents of spouses are not included in this provision)
  • When the employee is unable to work because of a serious illness


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Will any City and Fund benefits continue while a member is on approved leave under FMLA?
Yes. Basic City health coverage and several Fund benefits (Basic Life and Accidental Death & Dismemberment Insurance, Superimposed Major Medical, Dental, and Vision Care), paid for by the City and the Fund respectively, will continue for up to a maximum of 12 weeks for approved Fund members.

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Who is covered under City and Fund benefits while a member is on FMLA?
Coverage (Basic City health coverage, Basic Life and Accidental Death & Dismemberment Insurance, Superimposed Major Medical, Dental, and Vision Care) for both the member and eligible dependents will continue under FMLA. Please note that Basic Life and Accidental Death & Dismemberment Insurance coverage applies to the member only.

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How does a member apply for leave under FMLA?
To apply for leave under FMLA, contact the personnel office of your employer agency. If eligible and approved, the personnel office will provide to the Fund's administrative office the appropriate information for continuation of Fund benefits.

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What happens when coverage under FMLA expires?
When the continuation of basic City health coverage and Fund benefits ends under FMLA and a member has exhausted all personal leaves (compensatory, annual, and sick), and the absence is due to the member's serious illness, the member may be eligible to extend benefits under the City's Special Leave of Absence Coverage (SLOAC) provision.

To find out if a member is eligible to extend coverage under SLOAC, contact the personnel office of the member's employer agency.

When the continuation of a member's basic City health coverage and Fund benefits ends under FMLA and the member is not eligible or not approved for SLOAC, the member and/or eligible covered dependents may each have the right to continue basic City health coverage and certain Fund benefits (Superimposed Major Medical, Dental and Vision Care) under the federal law known as the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA).

The personnel office of the member's employer agency will provide notice of each eligible covered person's rights under COBRA.

Learn more about the Special Leave of Absence Coverage
Learn more about COBRA

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Spotlight

Employee Assistance Programs (EAPs)
EAPs are staffed by professional counselors who can help employees and their eligible dependents handle problems in areas such as stress, alcoholism, drug abuse, mental health, and family difficulties.

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Quick Links

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