Leave of Absence Process and Procedures
If you will be out of work longer than three weeks, even if you have enough paid time available to cover your absence, you must complete paperwork to request a leave of absence. If you fail to follow the correct Leave Procedures, your pay and benefits may be affected.
What types of Leaves are Available?
For a non-occupational leave of absence, the following types of leaves are available:
- Medical leave
- Family leave
- Parental leave
- Qualifying exigency leave for families of covered service members
- Military caregiver leave
- Military leave
- Educational leave
Employees are not eligible to take personal leave of absences. Whether employees are paid during leave depends on the type of leave they are taking, available paid time they may have accrued and their eligibility for disability benefits. Employees on a workers’ compensation leave can click here for information.
Employees who are unable to work due to a serious medical condition may request a medical leave of absence. Employees in positions that accrue sick leave or, are eligible for leave under the Family Medical Leave Act (FMLA), qualify for a medical leave of absence with or without pay. A medical leave of absence is only granted for employees’ serious health conditions. Employees may not take medical leave to care for family members (see Family Leave below). For those employees who qualify for FMLA in addition to medical leave, they shall run concurrently.
Employees may qualify for Family Leave to assist an immediate family member with a serious medical condition. Employees ineligible for FMLA leave may be eligible for Family Leave. Immediate family is defined as; spouse, children, parents, brothers, sisters, grandparents, grandchildren and dependents living in the employee’s household. Also included are step, half and in-law relationships. Employees who qualify may apply their sick leave toward their Family Leave. For those employees who qualify for FMLA in addition to the family leave, they shall run concurrently.
Parental Leave Without Pay
Employees may take up to one year of leave after the birth or adoption of a child, from the date of birth or adoption. Employees shall be required to use all accrued sick leave, extended sick leave, or voluntary shared leave for which they are eligible. Employees may use, but are not required to use, all accrued annual leave or personal leave. For those employees who qualify for FMLA in addition to the parental leave, they shall run concurrently.
Qualifying Exigency Leave
A qualifying exigency occurs when an employee’s spouse, son, daughter, or parent who is a member of the National Guard or Reserves is on active duty or has been called to active duty in support of a contingency operation. The reasons for which an employee may take leave because of a qualifying exigency are divided into seven general categories:
Military Caregiver Leave
An eligible employee who is the spouse, son, daughter, parent or next of kin of a covered service member shall be entitled to care for a covered service member who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment, recuperation or therapy; or otherwise in outpatient status; or on the temporary disability retired list.
Full-time and part-time permanent employees who are called into active duty or to for periods of active duty training may be eligible for military leave. Employees must provide copies of orders for military leaves to be processed. Employees’ rights to military leave are provided and protected under USERRA and other applicable federal and state laws.
In some cases, requests for educational leave may be granted so employees can obtain additional education that will benefit them and CMS. Employees must submit written requests before the courses or program begins. Proof of enrollment and course of study must be attached to the request for leave.
Some employees serving in specific capacities with state or local organizations may request a professional leave of absence. Such leaves must be approved prior to the beginning of the term of service and some cases may require the Superintendent’s approval.