FAQ: Benefits

If you need to use FMLA leave, notify your leave approving official of the intent to use FMLA. Then, you must submit certification paperwork as requested by the agency.  Contact your administrative officer/timekeeper to arrange the leave details for timekeeping purposes.

Submit your FMLA leave requests into the timekeeping system, Integrated Time and Attendance System (ITAS).

Integrated Time and Attendance System (ITAS) instructions:

1. After logging into ITAS, select “Request Leave” on upper left-hand column.
2. Click on the “Other Types” link for “Leave Type.”
3. After the leave types expand, scroll down to the FMLA leave categories and select the appropriate category whether it is annual leave, sick leave, or LWOP.
4. Submit the appropriate number of hours requested in the “Hours” column.
5. Select the dropdown box immediately to the right in the “Remark” column to select FMLA leave purpose, such as “Birth of a child/care of a newborn,” “Placement of a child for adoption or foster care,” “Serious health condition – employee,” etc.

Employees whose approved FMLA leave under an intermittent schedule allows for episodic leave requests (e.g., condition manifests in an unscheduled manner and employees require leave) should make FMLA leave requests as soon as possible and explicitly notify their leave approving official that the leave is for FMLA when “calling out.” If the employee has been approved for FMLA leave under an intermittent schedule , has not exceeded the maximum length of time app roved , and is within the 12 month period, the leave approving official must approve this particular episodic FMLA leave request and may not seek further certification or violate the confidentiality of the employee regarding this episodic FMLA leave request. It should be accurately recorded as “FMLA leave” in ITAS.

An employee who wishes to use FMLA leave must complete a certification connected to the purpose of the FMLA leave. Complete the relevant form below and submit it to your leave approving official.

• WH-380E Certification of Health Care Provider for Employee’s Serious Health Condition
• WH-380F Certification of Health Care Provider for Family Member’s Serious Health Condition
• WH-384 Certification of Qualifying Exigency for Military Family Leave
• WH-385 Certification for Serious Injury or Illness of a Current Servicemember for Military Family Leave
• WH-385V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave

The first time an employee requests leave because of a qualifying exigency arising out of the covered active duty or call to covered active duty status of a covered service member, an agency may require the employee to provide a copy of the covered service member's active duty orders or other documentation issued by the military that indicates the covered service member is on covered active duty or call to covered active duty status , and the dates of the covered service member's active duty service. This information need only be provided to the agency once. A copy of new active duty orders or other documentation issued by the military must be provided to the agency if the need for leave because of a qualifying exigency arises out of a different covered active duty or call to covered active duty status of the same or a different covered service member.

An employee is not required to disclose the specific nature of a serious health condition or provide medical records to his/her leave approving official - only that FMLA leave is requested for a condition that satisfies FMLA requirements. As such, the employee may either submit medical certification directly to his/her leaving approving official or to Occupational Medical Service (OMS) to maintain confidentially. OMS can attest whether the employee qualifies for a FMLA-approved condition and nature of duration for leave granting purposes. While OMS may comment on the existence or nonexistence of a serious health condition that qualifies for FMLA leave, only the leave approving official may approve or disapprove the FMLA leave. An Employee/Labor Relations Specialist who services the employee’s Institute/Center can help the employee’s supervisor with navigating concerns/guidance for employees invoking FMLA.

The employee’s certification and paperwork for FMLA must be secured whenever not in use or under the direct control of authorized persons. It must be stored in metal filing cabinets which are locked when the records are not in use, or in a secured room. The paperwork will be safely stored and destroyed one year after the employee returns from FMLA leave.

All federal employees who have completed at least 12 months of federal service.

The following employees are not covered:

• Public Health Service (PHS) Commissioned Corps Officers
• Employees with intermittent appointments
• Employees with temporary appointments of less than 12 months
• Individuals not appointed by the government, such as:
  • Intramural Research Training Award Fellows
  • Guest Researchers
  • Visiting Fellows
  • Special Volunteers

Your leave approving official may require subsequent medical recertification on a periodic basis, but not more than once every 30 calendar days, for leave taken for purposes relating to pregnancy, chronic conditions, or long-term conditions (under the definition of serious health condition). For leave taken for all other serious health conditions and including leave taken on an intermittent or reduced leave schedule, if the health care provider has specified on the medical certification a minimum duration of the period of incapacity, the agency may not request recertification until that period has pas sed. An agency may require subsequent medical recertification more frequently than every 30 calendar days, or more frequently than the minimum duration of the period of incapacity specified on the medical certification, if the employee requests that the or iginal leave period be extended, the circumstances described in the original medical certification have changed significantly, or the agency receives information that casts doubt upon the continuing validity of the medical certification.

If an employee submits a complete and sufficient certification to support his or her request for leave because of any qualifying exigency for covered active duty, the agency may not request additional information from the employee. However, the agency may verify the information described below and does not need the employee's permission to do so.

1. If the qualifying exigency involves meeting with a third party, the agency may contact the individual or entity with whom the employee is meeting for purposes of verifying a meeting or appointment schedule and verifying the information provided in the employee's statement regarding the meeting between the employee and the specified individual or entity. No additional information may be requested by the agency.
2. An agency may contact an appropriate unit of the Department of Defense to request verification that a covered service member is on covered active duty or call to covered active duty status. No addi tional information may be requested by the agency.

FMLA leave at its core is not a paid leave category and defaults as leave without pay. An employee may elect to substitute Paid Parental Leave, his/her annual leave and/or sick leave, consistent with current laws and OPM's regulations for using paid parental leave, annual leave, and sick leave, for unpaid leave under FMLA. The employee may also be eligible to use leave earned from the Voluntary Leave Transfer Program, Leave Bank Program, advanced annual leave, and/or advanced sick leave. An employee may not retroactively substitute paid time off for leave without pay previously taken under the FMLA.

An employee who has a personal or family emergency and will go into a nonpay status for at least 24 hours (LWOP), may be eligible to apply for the Voluntary Leave Transfer Program (VLTP) and/or the Leave Bank Program (VLTB).

Family members under FMLA fall under a narrow definition. FMLA leave may be used for:

• Employee (self)
• Employee’s child(ren)
• Employee’s parent(s)
• Employee’s spouse (legal marriage regardless of sex or state of residency)
• “Next of kin” under military caregiver leave

FMLA leave may be used for:

• the birth of a son or daughter of the employee and the care of such son or daughter
• the placement of a son or daughter with the employee for adoption or foster care
• the care of a spouse, son or daughter, or parent of the employee who has a serious health condition
• a serious health condition of the employee that makes the employee unable to perform the essential functions of his or her position
• qualifying exigency arising out of the fact that the spouse, a son or daughter, or a parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces
• military caregiver leave

A serious health condition can involve some or all of the following:

• Conditions that require inpatient care in a hospital, hospice, or residential medical care facility
• Conditions that incapacitate an employee or employee’s family member for more than three consecutive days and require ongoing medical treatment
• Chronic conditions that cause occasional periods when an employee or employee’s family member are incapacitated and require treatment by a health care provider
• Pregnancy and childbirth

This definition includes conditions such as cancer, heart attacks, strokes, severe injuries, Alzheimer's disease, and/or terminal diseases. A serious health condition is not intended to cover short-term condit ions for which treatment and recovery are very brief, such as common cold, influenza, earaches, upset stomach, headaches (other than migraines), and/or routine dental or orthodontia problems unless complications arise.

FMLA can be used when a family member is called to or is on covered active duty. FMLA can help in the following situations.  Specific terms can be found on the Office of Personnel Management’s (OPM) fact sheet.

• Short-notice deployment
• Military events and related activities
• Childcare and school activities
• Care of service member’s parent
• Financial and legal arrangements
• Counseling
• Rest and recuperation
• Post-deployment activities

FMLA can be used when a family member is called to or is on active duty. Covered active duty or call to covered active duty status refers to:

• Regular component of the Armed Forces - duty during the deployment of the service member with the Armed Forces to a foreign country under a call or order to active duty (or notification of an impending call or order to active duty)
• Member of a reserve component of the Armed Forces - duty during the deployment of the service member with the Armed Forces to a foreign country under a call or order to active duty (or notification of an impending call or order to active duty)

Military caregiver leave allows eligible employees to take up to 26 weeks of leave in a single 12-month period to care for a family member (spouse, son or daughter, parent, next of kin) who is a covered service member/veteran with a serious injury or illness. Military caregiver leave is available to an eligible employee once per service member, per serious injury or illness.

The “next of kin” of a covered service member/veteran is the nearest blood relative, other than the veteran’s spouse, parent, son, or daughter, in the following order of priority:

1. a blood relative who has been designated in writing by the service member as the next of kin for FMLA purposes
2. blood relative who has been granted legal custody of the service member
3. brothers and sisters
4. grandparents
5. aunts and uncles
6. first cousins

A veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness is a cover ed veteran if he or she:

• was a member of the Armed Forces (including a member of the National Guard or Reserves)
• was discharged or released under conditions other than dishonorable
• was discharged within the five -year period before the eligible employee first takes FMLA military caregiver leave to care for him or her

A serious injury or illness is one that is incurred by a service member while on active duty that may cause the service member to be medically unfit to perform the duties of his or her office, grade, rank, or rating. A serious injury or illness also includes injuries or illnesses that existed before the service member’s active duty and that were aggravated by service while on active duty.

Federal employees can use 24 hours of leave without pay during any 12-month period to fulfill certain family obligations:

• School and Early Childhood Educational Activities - to allow employees to participate in school activities directly related to the educational advancement of a child
• Routine Family Medical Purposes - to allow parents to accompany children to routine medical or dental appointments
• Elderly Relatives' Health or Care Needs - to allow employees to accompany an elderly relative to routine medical or dental appointments or other professional services

No, an employee may not be paid for unused or expired PPL. Once the eligibility period for use has passed following the birth or placement of a child, any unused PPL is forfeited and not available for future use.

No, you must have a qualifying birth or placement event – that is, the birth or placement (for adoption or foster care) of the employee’s child must occur on or after October 1, 2020. Any birth or placement that takes place prior to October 1, 2020 will not be eligible for PPL.

Yes, if two covered Federal employees are parents of the same newly born or placed child, each employee would have a separate FMLA leave entitlement to PPL based on the birth/placement event.

Paid Parental Leave (PPL) is a new paid leave category that provides eligible employees with up to 12 weeks of PPL in connection with the birth of an employee’s son or daughter or the placement of a son or daughter with an employee for adoption or foster care.

Yes, PPL can be used any time during the 12-month period following the birth or placement of an employee’s
son or daughter.

No, if an employee has multiple children born or placed on the same day, the multiple childbirth/placement event is considered to be a single event that initiates a single entitlement of up to 12 weeks of paid parental leave.

Yes, at the request of the agency, employees are required to provide documentation to show that their use of PPL is directly connected to a birth or placement that has occurred. Please review this non-exhaustive list from OPM of the types of documentation that can be requested.