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This page assumes that your employee is requesting leave to be with a new born or newly placed adoptive or foster child

Determine whether the FMLA applies to the leave.

Parental leave is in addition to any period of disability leave that the birth mother may have taken and is available even if the employee does not meet FMLA eligibility requirements.

The supervisor determines whether a parental leave request is covered by the FMLA by answering the following questions:

1. Yes No - Has the employee worked for the State of Washington for at least 12 months?
2. Yes No - Has the employee worked a total of at least 1250 hours during the 12 month period immediately preceding the leave request?
3. Yes No - Does the employee have any of his or her entitlement to 12 weeks of FMLA protected leave during the current calendar year left? (Any leave taken during the current calendar year that has been designated in writing as FMLA leave, is deducted from the 12 week calendar year entitlement to determine the remaining amount of FMLA eligibility).

If the answer to all of the above questions is "Yes," the employee's leave request is covered by the FMLA. Proceed to Step 2; otherwise the employee is not covered by the FMLA but is eligible for up to four months of parental leave. (Note: based on civil service rules, classified non-union employees may take up to six months of parental leave).

The FMLA requires that the employer do two things when an employee requests leave that would otherwise be covered by the FMLA, but the employee does not meet FMLA eligibility criteria:

• The employer must determine when an individual will become eligible for FMLA protected leave; and,
• The employer must provide that information to the employee in writing.

Contact the unit's Human Resources Consultant (HRC) to discuss the employee's leave options, complete the applicable sections of the FMLA Notice Form Letter, and send it to the employee.

Step 2 - Complete the FMLA notice letter.

The FMLA requires that certain information be provided to an employee when a leave request that may be covered by the FMLA is approved or denied. The FMLA Notice Form Letter complies with the FMLA's requirements. Complete the FMLA Notice Form Letter according to the form's instructions, and get it to the employee within two business days of the employee's leave request, if possible.

Supervisors who have questions about completion of the FMLA Notice form letter or any of its elements should contact their unit's HRC.

Step 3- Follow up

When an employee is within approximately two workweeks of the date he or she is scheduled to return to work from parental leave:

• Contact the employee to confirm the date of return to work.
• Contact your unit's HRC if you feel that fitness to return to duty certification is necessary.
• If you are unable to contact the employee, or the employee does not contact you, mail a letter (certified) explaining when the leave is ending and request that the employee contact you immediately to advise you of his or her availability to return to work.
• If the employee requests an extension of the leave or reduced hours, a change of functions or other special needs, contact your unit's HRC immediately.

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