5.01 Applicability
Rules 5.01 through 5.11 are administered in accordance with regulations issued by the U.S. Department of Labor under the authority of the Family and Medical Leave Act (FMLA) of 1993, and applicable state law. The FMLA provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12 months for the following reasons. The Commonwealth of Massachusetts provides for its full-time and part-time employees an unpaid leave of absence of up to 26 weeks for those same reasons:
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Birth and care of the employee's child or placement for adoption or foster care of a child with an employee;
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To care for an immediate family member (spouse, child, parent) who has a serious health condition; or
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For the employee's own serious health condition.
In order to be eligible for this leave, the employee must have completed his or her probationary period or, if there is no probationary period, must have been employed for three consecutive months.
An employee is not entitled to more than 26 weeks of family and medical leave combined (including non-FMLA leave, Sections 5.12 to 5.15) in a 12-month period. For this purpose, a rolling 12 month period will be used, measured backward from the date of commencement of the leave.
Refer to Rule 15.00 for information on the Adoption Assistance Program.
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