Family and Medical Leave Act (FMLA) policy

This document was captured from JetNet on January 29, 2025. As always you should consult JetNet to verify that there has been no updates.

• Wed, Jan 29, 2025 12:02 PM

This policy applies to team members of American Airlines, Inc. (referred to as the “Company”). This policy provides notice to team members of their rights and responsibilities under the Family and Medical Leave Act (“FMLA”) and outlines the processes by which team members can apply for authorized leave under the FMLA

 

Team members eligible for FMLA Leave

The Company will provide job?protected leave for FMLA eligible team members.  A team member is administratively eligible for FMLA leave if the team member meets all of the following requirements:

• The team member is a regular or temporary full or part-time team member of the Company who works in a location in the United States, the District of Columbia, or in any territory or possession of the United States (the team member need not work in a location with 50 or more team members); and
• The team member has been employed by the Company for at least 12 months on the date on which any FMLA leave is to begin; and
• The team member (except flight crew team members) has worked a minimum of 1,250 hours during the 12-month period immediately preceding the commencement of the leave.
• Flight crew team members must have worked or been paid for not less than 60 percent of the applicable monthly guarantee and worked or been paid for not less than 504 hours (the 504 hours do not include sick or medical leave, or vacation time) during the previous 12-month period.

 

Team member entitlements to FMLA Leave

a. Basic FMLA Entitlement

Eligible team members (except flight crew) are entitled to up to a total of 12 work weeks of leave in a 12-month rolling backward period (measured backward from the date a team member uses any FMLA) for a qualifying reason. Eligible flight crew team members are entitled to up to 72 days of FMLA leave during any 12-month period for one or more of the FMLA qualifying reasons. The flight crew entitlement is based on a uniform six-day workweek for all airline flight crew team members, regardless of time actually worked or paid, multiplied by the statutory 12 work week entitlement for FMLA leave.

Leave may be taken for any one, or for a combination, of the following reasons:

For the birth of a son or daughter, and to care for the newborn child;

• For placement with the team member of a son or daughter for adoption or foster care;
• To care for the team member’s spouse, son, daughter, or parent (“covered family member”) with a serious health condition;
• Because of a serious health condition that makes the team member unable to perform the functions of the team member’s job; and,
• Because of any “qualifying exigency” arising out of the fact that the team member’s covered family member is a military member on active duty or call to covered active duty status (or has been notified of an impending call or order to covered active duty).

Under the FMLA, a serious health condition is an illness, injury, impairment or physical or mental condition that involves a period of incapacity or treatment connected with:

1. Inpatient care: (e.g. an overnight stay) in a hospital, hospice, or residential medical care facility; or
   
   
2. Incapacity and continuing treatment: A period of incapacity of more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also involves continuing treatment: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
   • The first (or only) in-person treatment visit must take place within seven days of the first day of incapacity.
   • At least two treatments by a health care provider, a nurse under the direct supervision of a health care provider, or a provider of health care services under order of, or on referral by, a health care provider. These treatments must both take place within 30 days of the first day of incapacity, and the first treatment must take place within seven days of the first day of incapacity, absent unusual circumstances.
3. Pregnancy or prenatal care: Any period of incapacity due to pregnancy, or for prenatal care.
4. Chronic conditions: Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
   • Requires periodic visits (defined as at least twice a year) for treatment by a health care provider, or by a nurse under direct supervision of a health care provider;
   • Continues over an extended period of time (including recurring episodes of a single underlying condition); and
   • May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
5. Permanent or long-term conditions: A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer’s, a severe stroke, or the terminal stages of a disease.
   
   
6. Conditions requiring multiple treatments: Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, for:
   • Restorative surgery after an accident or other injury; or
   • A condition that would likely result in a period of incapacity of more than three consecutive, full calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), or kidney disease (dialysis).

Bonding leave: May include leave before the actual placement or adoption of a child if an absence from work is required for the placement for adoption or foster care to proceed (i.e. if the team member is required to attend counseling sessions, appear in court, or consult with his or her attorney or the doctor representing the birth parent, submit to a physical examination, or travel to another country to complete an adoption).

Leave for bonding for a newly born or placed child must be completed within the first 12 months of the birth or placement of the child. Bonding leave taken after the birth or placement of the child may only be used in one block of time, not on an intermittent basis. Baby Bonding is considered ‘FMLA for other’ so accrued vacation will run as noted by the collective bargaining agreement or this policy.

“Qualifying exigencies”: May include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

FMLA does not include domestic partners as covered family members. However, the Company provides FMLA type leave rights for team members who need to care for domestic partners with a serious health condition.  Some state leave laws also provide a right to care for other individuals, such as parent-in-laws.

b. Additional Military Caregiver Leave Entitlement
FMLA also includes a special leave entitlement that permits an eligible team member who is the spouse, son, daughter, parent or “next of kin” of a covered service member to care for a covered service member (“Military Caregiver Leave”) to take up to 26 weeks of job-protected leave during a single 12-month period. Eligible flight crew team members are entitled to 156 days of Military Caregiver Leave during a single 12-month period to care for a covered service member with a serious injury or illness.

When using Military Caregiver Leave, there is a combined cap of 26 weeks for any FMLA leave during a single 12-month period for team members (who are not flight crew members), and a combined cap of 156 days for any FMLA leave during a single 12-month period for flight crew team members.

A covered service member is:

• • a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status or is otherwise on the temporary disability retired list, for a serious injury or illness incurred in the line of duty on active duty; or
  • a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible team member takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.  In addition to a spouse, child, or parent, this leave will also cover the team member if he or she is “Next of Kin.”
  • Military Caregiver leave is not an addition to the standard 12 weeks of FMLA, it runs concurrent.

c. Intermittent Leave and Reduced Leave Schedules
Team members need not always use leave in one block. Intermittent leave is leave taken in separate blocks or episodic periods of time due to a single qualifying reason. When it is medically necessary, team members may take leave intermittently or on a reduced schedule. In other words, if team members request to take FMLA on an intermittent basis, there must be a medical need for the leave and it must be that the medical need can be best accommodated through an intermittent schedule.

Required overtime not worked may count against an employee’s FMLA entitlement.

Intermittent leave will be accounted for using an increment no greater than the shortest period of time used to account for sick leave (with the exception of flight crews). For flight crew team members, intermittent leave is accounted for in full days. For example, if a flight crew team member needs to take FMLA for a 2-hour physical therapy appointment, the flight crew team member will be charged a full day of FMLA.

d. Continuation of Group Health Insurance Benefits
A team member approved for FMLA leave is entitled to receive continued health insurance coverage under the same terms and conditions as if the team member had continued to work. For the duration of the FMLA leave and for certain periods of time while on a medical leave of absence, a team member is eligible to continue coverage under any “group health plan” (including medical, dental, and vision plans) provided that the team member continues to make payments of the team member contribution of the premium in a timely manner.

e. Restoration of Employment and Benefits at End of FMLA Leave
A team member who returns from FMLA leave will be allowed to return to the same position he or she held when the leave commenced or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. A team member has no greater right to reinstatement or to other benefits and conditions of employment than if he or she had been continuously employed during the FMLA leave period.  For example, a layoff while a team member is on FMLA leave will be applied to the team member as if he or she had not taken the FMLA leave.

f. Notice of Eligibility for, and Designation of, FMLA Leave
Once the Company becomes aware that a team member needs leave for reasons that may qualify under the FMLA, the Company must inform team members requesting leave whether they are eligible under FMLA. When a team member requests FMLA, he or she will be notified of his or her eligibility to take FMLA leave within five business days of the request, absent extenuating circumstances. Eligible team members will be informed of any additional information required (for example, supporting medical certification) as well as their rights and responsibilities. Team members will also be informed of the amount of leave that will be counted against the leave entitlement.  If a team member is not eligible for FMLA, the team member will be notified of the reason for the ineligibility.

All communications regarding LOA status will be sent to the team member’s company provided email, personal email provided by the team member, and U.S. postal mail when required by the team member’s collective bargaining agreement or law.

The Company will provide the team member with a designated start and end date. Time used under designated FMLA will count against a team member’s annual FMLA leave allotment of up to 12 weeks per rolling calendar year. Absences that do not fall within the designated start and end dates, or any time which exceeds the annual FMLA allotment, or absences that are for other reasons will not be coded as FMLA leave and may be considered an attendance occurrence under the applicable attendance policy unless alternative leave options are available.

Designations for intermittent FMLA will include estimated frequency and duration of the leave.  The frequency provides an estimate as to how often the team member or the team member’s covered family member could have a flare-up or require an office visit.  The duration describes an estimate of how long the flare-up or office visit could last. i.e. Up to 1 episode per month lasting up to 2 days per episode.

 

Team  Member FMLA Leave Obligations

a. Obligation to Provide Notice of the Need for FMLA Leave
Team members must timely notify the Company of their need for FMLA leave, as described below.

i. To Whom Notice Must Be Given

When FMLA leave is needed, team members are required to notify the Absence and Return Center (“ARC”) of their need for leave.  Except in unusual circumstances, team members will not be deemed to have notified the Company of their need for FMLA unless and until they contact the ARC directly.  Failure to contact the ARC may result in FMLA-protected leave being delayed or denied.

ii. What Team Members Must Say to Satisfy Their Notice Obligation

When contacting the Absence and Return Center (“ARC”), a team member must provide enough information so the ARC can determine that the leave qualifies for FMLA protection.  Sufficient information could include informing the ARC that the team member is, or will be unable to perform his or her job functions due to a serious health condition, that the team member needs to care for a covered family member who cannot perform daily activities due to a serious health condition, or that the team member needs hospitalization or continuing treatment due to a serious health condition, or circumstances supporting the need for military family leave.  Calling in “sick” without providing the reasons for the leave, is not sufficient notice under this policy because it does not provide the ARC with enough information to conclude that the leave is needed for an FMLA-qualifying reason, even if the leave would have been FMLA-qualifying had sufficient information been provided.  Team members must also inform ARC if the requested leave is for a reason for which FMLA was previously taken or certified and respond to the ARC’s questions to determine if absences are potentially FMLA-qualifying.

iii. Time Deadlines for Providing Notice of Need for Leave

Team members must provide at least 30 days advance notice to the ARC of the need to take FMLA leave if the need for the leave is foreseeable.  Examples of foreseeable leaves include, but are not limited to, an expected birth, placement for adoption or foster care, planned medical treatment for a serious health condition of the team member or of a covered family member, or the planned medical treatment for a serious injury or illness of a covered service member.

When 30 days’ notice is not practicable, the team member must provide notice as soon as practicable and generally must notify the Company within the time ordinarily required under the Company’s normal call-in procedures.

When foreseeable, team members seeking FMLA leave to bond with a newly born or placed child should submit the team member page of the Family Certification form and certification of birth 30 days prior to the date team members want baby bonding to begin.

iv. Compliance with Additional Notice and Procedural Requirements in Workgroup Attendance Policies

Team members must comply with the usual and customary notice and procedural requirements for requesting leave that are outlined in their workgroup attendance policies, absent unusual circumstances.

b. Obligation To Cooperate with the Company’s Operational Needs When Seeking Intermittent Leave and Reduced Leave Schedules
When planning medical treatment, team members must make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the Company subject to approval by the team member’s health care provider, or the leave request may be delayed or denied.

If a team member needs intermittent leave or leave on a reduced leave schedule that is foreseeable based on planned medical treatment for the team member, a covered family member, or a covered service member, including during a period of recovery from one’s own serious health condition, a serious health condition of a covered family member, or a serious injury or illness of a covered service member, the Company may require the team member to transfer temporarily, during the period that the intermittent schedule is required, to an available alternative position for which the team member is qualified and which better accommodates recurring periods of leave than does the team member’s regular position.

c. Obligation to Submit Supporting Medical Certifications
When FMLA leave is sought for a team member’s own or a covered family member’s serious health condition, team members must submit medical certifications supporting their need for FMLA-qualifying leave.  There are three general types of FMLA medical certifications:

1. Initial certification (submitted at the beginning of an FMLA leave or at the beginning of a new FMLA leave year),
2. Recertification (submitted upon request during an FMLA leave), and
3. Return to work/fitness for duty certification (submitted at the end of an FMLA leave when team members seek to return to work).  Each of these certifications is discussed further below but the following general rules apply to initial certifications and recertification:

• • Team members must provide a Health Care Provider Certification (HCPC) Form or the equivalent supporting the need for FMLA leave within fifteen (15) calendar days of the date requested by the ARC, unless it is not practicable to do so despite a team member’s diligent, good-faith efforts.
  • The Company has created a Health Care Provider Certification (HCPC) Form to help confirm the medical need for FMLA leaves. The form must be completed by a health care provider (see the definition of “health care provider” in Section VI of this Policy) and must be complete and sufficient.
  • The Company will inform team members if submitted certification is incomplete or insufficient and provide team members at least seven calendar days to cure deficiencies. A certification will be considered incomplete if one, or more applicable entries have not been completed. A form will be considered insufficient if it is complete, but the information provided is vague, ambiguous, or non-responsive.
  • If adequate certification is not received timely, the FMLA request may be delayed or, where appropriate, denied.  For example, if the absence for which FMLA is being requested has already occurred and a complete and sufficient certification or medical documentation is not provided in a timely manner, the FMLA request may be denied and a team member may be subject to appropriate discipline for attendance. Ultimately, it is the team member’s responsibility to ensure that the completed medical documentation is received by the Company within the administrative timelines.

If the information on the Health Care Provider Certification (HCPC) Form or medical documentation that a team member submits is determined to be incomplete or insufficient, the team member will generally be allowed to resubmit the documentation with all deficiencies corrected within seven calendar days from the date the information is requested (unless not practicable under the circumstances despite the team member’s good faith efforts). Failure to correct the deficiencies within the time noted may result in the request for FMLA being delayed or denied.

With the team member’s permission, the Company (through individuals other than a team member’s direct supervisor) may contact the team member’s health care provider to authenticate and/or clarify complete and sufficient medical certifications.  If team members choose not to authorize the Company to clarify or authenticate certifications with health care providers, the Company may deny FMLA leave if certifications are unclear.

Whenever the Company deems it appropriate to do so, it may waive its right to receive timely, complete and/or sufficient FMLA medical certifications.

i. Initial Medical Certifications

Team members requesting leave because of their own, or a covered family member’s, serious health condition, or to care for a covered service member, must supply medical certification supporting the need for such leave from their health care provider or, if applicable, the health care provider of the covered family member or service member.  If team members provide at least 30 days’ notice of medical leave, they should submit the medical certification before leave begins.  A new initial medical certification will be required on an annual basis for serious medical conditions lasting beyond a single leave year.

If the Company has reason to doubt an initial medical certification, it may require the team member to obtain a second opinion at the Company’s expense.  If the opinions of the initial and second health care providers differ, the Company may, at its expense, require the team member to obtain a third, final and binding certification from a health care provider designated or approved jointly by the Company and the team member.

ii. Recertification

If asked by the Company, team members may be required to recertify their designated FMLA leave. Recertification must be provided at the team member’s expense and, with limited exceptions, must be submitted no later than 15 calendar days from the date the team member is asked to recertify.

The Company may require that intermittent and reduced schedule leaves approved for longer than 6 months be recertified after 6 months have passed.

iii. Fitness for Duty/Return to Work Certifications

Unless notified otherwise, team members returning to work from a leave taken for their own serious health conditions, may require fitness for duty as defined by their collective bargaining agreement.  The Company may delay and/or deny job restoration until the team member provides requested certifications.

d. Obligation to Submit Documentation Supporting Other FMLA Leaves

If a team member is seeking FMLA leave for reasons other than the team member’s own, or a covered family member’s serious health condition, the team member may be required to provide certifications or documentation supporting the reason for which the team member is requesting FMLA leave.  For additional details and to obtain Company provided forms, go to Jetnet/Team Member Services/Leaves and Returns/Request a Leave of Absence.

e. Obligation to Substitute Paid Time for Unpaid FMLA Leave
Although FMLA is unpaid, the Company requires team members to use paid leave concurrently with FMLA as follows:

• Accrued paid sick time must be used concurrently with otherwise unpaid FMLA if taken for the team member’s own serious health condition.
• Accrued vacation must be used concurrently with otherwise unpaid FMLA if taken to provide care for a covered family member with a serious health condition, or for the birth, adoption or foster care, placement of a child or for Military Caregiver Leave for a family service member.
• If a team member’s collective bargaining agreement specifically addresses using paid leave concurrently with FMLA, the terms of the collective bargaining agreement will apply to the extent they are different from the terms set forth in this policy.
• In order to use paid leave for FMLA, team members must comply with the Company’s normal paid leave policies.

For purposes of this section, leave is not “unpaid” during any leave time for which a team member is receiving compensation from a short-term disability program, or when receiving workers’ compensation or paid family leave benefits.  Team members are not required to use paid sick or vacation accruals for any time off under this policy for which they are receiving compensation under these programs.  However, where applicable and permitted by law, team members will be required to use sick or vacation accruals during any waiting period applicable to these programs.

The use of paid sick or vacation does not extend the length of FMLA leaves and the paid sick or vacation runs concurrently with any FMLA entitlement.

f. Obligation to Pay Team Member’s Share of Health Insurance Premiums
During FMLA leave, team members are entitled to continue group health plan coverage under the same conditions as if they had continued to work.  Unless the Company notifies team members of other arrangements, whenever team members are receiving pay from the Company during FMLA leave, the Company will deduct the team member portion of the group health plan premium from the team member’s paycheck in the same manner as if the team member was actively working.  If FMLA leave is unpaid, team members must pay their portion of the group health premium through benefits specifications.

The Company’s obligation to maintain health care coverage ceases if a team member’s premium payment is more than 30 days late.  If a team member’s payment is more than 15 days late, the Company will send a letter notifying the team member that coverage will be dropped on a specified date unless the co-payment is received before that date.  If team members do not return to work within 30 calendar days at the end of the leave period (unless team members cannot return to work because of a serious health condition or other circumstances beyond their control) they will be required to reimburse the Company for the cost of the premiums the Company paid for maintaining coverage during their unpaid FMLA leave.

g. Obligation to Report Periodically Concerning Intent to Return to Work
If it is necessary for a team member to take more leave than originally anticipated, the team member must provide reasonable notice, i.e. within two business days, of the changed circumstances where foreseeable.  Notice must be provided to the ARC.  Notice will not be sufficient if it is provided to a team member’s supervisor, manager, or someone other than the ARC.  If notice is provided to someone other than the ARC, FMLA leave could be delayed or denied.

 

Coordination of FMLA with other company leaves

Team members may qualify for other types of leave including state or local leaves or leave as a reasonable accommodation under the Americans with Disabilities Act (ADA).  Team members should consult their People Business Partner or leave administrator with any questions regarding state or local leaves, or leave under the ADA.

If a team member’s injury-on-duty claim is approved and the team member administratively qualifies for FMLA, the team member’s work-related injury will be auto designated as FMLA and FMLA will run concurrently with injury-on-duty.

If a team member transitions from full-time status to part-time status, or part-time status to full-time status (for reasons other than FMLA, and prior to the notice of need for FMLA leave), the team member should notify the ARC so that the hours worked under the new schedule are used to adjust the team member’s FMLA balance.

If the team member takes FMLA for reasons that trigger benefits under a Short Term Disability (STD) or Long Term Disability (LTD) plan or a paid family leave law such as the New York Paid Family Leave law (NYPFL), the team member can file a disability or paid family leave benefit claim by contacting the disability or paid family leave provider.

If a team member has been approved for benefits under a Short Term Disability (STD) or Long Term Disability (LTD) plan and the team member administratively qualifies for FMLA, the team member’s absence will be auto designated as FMLA and FMLA will run concurrently with STD or LTD.

FMLA designated absences and state/local leave laws: To the extent consistent with applicable law, FMLA designated absences will count toward a team member’s allotment of time off under state or local laws that provide time off for reasons also covered by the FMLA.

 

Returning to work

We look forward to welcoming you back to work. If you are returning to work from a LOA for yourself, please have your health care provider fill out the appropriate Return-to-Work form provided in your LOA approval packet. You will also need to contact your leader/department admin as soon as you know the date you plan to return to work so your shift schedule, system accesses, and training packet (if needed) can be ready for you on your first day back.

When should I contact ARC or my People Business Partner:

• If you need to schedule certain procedures before beginning work.  Depending on your position, location and time away from work, you may be required to undergo a fingerprint/background check prior to beginning work. Contact your leader/department to review your specific requirements.
• If you are released to return to work with restrictions.  In such circumstances, you may still qualify to return to work with an ADA accommodation.  Please see the ADA Policy for further information.
• If you are unable to or you are unsure if you are able to perform the essential functions of your job.  In such circumstances, you may still qualify for an ADA accommodation.  Please see the ADA Policy for further information.

Need help?  Contact the Absence and Return Center (ARC) team at 800-447-2000 for assistance.

 

Additional information

Travel privileges while on leave:  In general, if team members are unable to come to work when scheduled, they are also unable to travel. Please see the travel section on Jetnet for details regarding travel privileges while on leave.

Employment outside of the Company:  Outside employment while on any leave of absence must be approved by the team member’s Manager and Human Resources. Failure to get approval may result in discipline up to and including termination.

 

FMLA-related definitions and terms

Authentication – Providing the health care provider with a copy of the certification and requesting verification that the information contained on the certification form was completed and/or authorized by the health care provider who signed the document.

Certification ? Required documentation that must contain complete, legible and unambiguous information that supports the need for FMLA leave. The Company recommends the required information be submitted on the Company-provided forms that may be found on Jetnet.

Continuous – Leave taken in a continuous “block” of time. This type of leave is typically used for required surgeries, hospitalizations, single episodes of acute incapacity and treatment and other events that have a definitive start date and estimated end date.

Child – A team member’s natural, step, adopted, or foster child, legal ward, or any child to whom the team member stands in loco-parentis. “Child” includes (1) children under 18, or (2) a child age 18 or older if the child is incapable of self-care due to a physical or mental impairment at the time that FMLA leave is to begin.

Clarification – Contacting the health care provider to understand the handwriting on the medical certification or to understand the meaning of a response. Health care providers will not be asked for additional information beyond that required by the certification form.

FMLA episode – The period of time from when a team member calls out for a designated FMLA leave to the time the team member returns to work from the designated FMLA.

Foreseeable Leave ? Where the team member has knowledge of the need for leave and an approximate date when the need for leave will begin in advance of the leave start date.

Health Care Provider – a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices or any other person determined by the Secretary to be capable of providing health care services. This may include a chiropractor provided the treatment consists of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist. For others capable of providing health care services see 29 CFR § 825.125.

In Loco Parentis – Includes those with day-to-day responsibilities to care for or financially support a child, or, in the case of a team member, who had such responsibility for the team member when the team member was a child. A biological or legal relationship is not necessary.

Intermittent Leave – Intermittent leave is leave taken in separate blocks of time due to a single qualifying reason. Examples of intermittent leave would include leave taken on an occasional basis for medical appointments, or leave taken several days at a time spread over a period of six months, such as for chemotherapy.

Next of Kin of a covered service member ? (Used for Military Caregiver Leave) The nearest blood relative other than the covered service member’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of Military Caregiver Leave under the FMLA.

Parent – A team member’s biological, adoptive, step or foster parent, or any other individual who stood in loco-parentis to the team member when the team member was a child. Team members may not take FMLA leave to care for their parent-in-law.

Qualifying exigencies – may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

Reduced work schedule – Reduced work schedule leave reduces a team member’s usual number of working hours per scheduled workday or workweek.  For example: From an 8 hour workday to a 6 hour workday.

Serious Health Condition ? An illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the team member from performing the functions of the team member’s job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of Incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider, or one visit and a regimen of continuing treatment, or Incapacity due to pregnancy, or Incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

Spouse – A partner in marriage, including a same sex partner in marriage, as defined or recognized by law.

Unforeseeable Leave ? Where the team member does not have knowledge of the need for leave and an approximate date when the need for leave will begin in advance of the leave start date.