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FAQ

What are My Rights and Responsibilities under the Family and Medical Leave Act?

If you or your family member(s) (Defined in Attachment 1) has a serious health condition (Defined in Attachment 2) requiring you to take intermittent and/or continuous medical leave for 2+ weeks, you must notify Karen Zambarano, FMLA Coordinator/HR Analyst I, of the Office of Human Resources either in person at the Administration B Building, 39 Howard Avenue, Cranston, RI 02920; by phone at (401) 462-0071; or by e-mail at karen.zambarano@doc.ri.gov.

You are required to give a 30-day notice for a planned medical procedure. For an unplanned illness, injury, or emergency, you must give notification as soon as you are made aware that you will be out of work. You must inform your supervisor in advance, when practical, of your need to take time off for approved FMLA and must make an effort to schedule your intermittent leave so as not to disrupt Departmental operations.

Upon notification of your absence, you will be provided with a Certification of Health Care Provider (WH-380) form for completion within 15 days. You will be conditionally approved for coverage under FMLA pending a determination of your eligibility and qualification (See Attachments 1 & 2 for details). If the Health Care Provider returns the WH-380 form via fax (401-462-2685) or mail to the above address, it is your responsibility to verify with Ms. Zambarano, within the allowed 15 days, to ensure receipt.  Failure to do so will result in a delay or denial of your FMLA entitlement.

Once FMLA Leave is approved, you will be sent a Departmental Request for Discharge of Leave in Accordance with the R.I. Parental and/or Federal Family and Medical Leave Act Form (See Attachment 5). This absence will not be subject to review under the RIDOC Absenteeism Management Program (See Attachment 6) unless the discharge of leave is inconsistent with the medical certification(s).

Your responsibility to support your absence(s) under RI General Law §36-4-63 and Personnel Rules (See Attachment 7) is consistent with medical documentation required under FMLA. Please note that FMLA leave entitlement will run concurrently with any leave discharged as a result of a work related injury.  Any refusal to work Involuntary Mandatory Overtime (IMOT) due to a FMLA certification will be credited toward your FMLA entitlement.

Double click on icons for additional instruction and information regarding your rights and responsibilities under the FMLA:
                       
1. Eligibility and Notification Requirements
2. Definition of a serious health condition   
3. Federal Rights under the FMLA
4.  State Rights under the FMLA     
5.  FMLA Discharge Forms
6.  RIDOC Absenteeism Management Program
7. RI General Law regarding Sick Leave


If you have questions regarding your FMLA rights and/or responsibilities, please contact Karen Zambarano, FMLA Coordinator/Human Resources Analyst I.

Do I need to apply for Statutory Status?

If you are a Classified State employee with twenty years of service, you do not need to apply for statutory status.  It is automatic.  The Department of Administration’s Division of Human Resources will adjust your CS-3, Block 40 to reflect code 4.

If you are an Unclassified or Non-Classified State employee with twenty years of service, you need to complete the “Application for 20 Year Certification” CS-342 form. Once completed, please send it to the Office of Human Resources.  They will review it and then forward it on to the Department of Administration’s Division of Human Resources for further processing.  Upon receipt of their approval, the Office of Human Resources will adjust your CS-3, Block 40, to reflect code 4.

If you are a Classified, Unclassified or Non-Classified State employee, you can apply for statutory status if you have a total of twenty years combination of state and military time (total military active duty cannot exceed four years and cannot be concurrent with state time).  For example, if you have sixteen years of state service and four years of military, you would be eligible for statutory status. You need to complete the “Application for 20 Year Certification” CS-342 form and send it to Office of Human Resources along with a copy of your DD214.  They will review the forms and then forward them on to the Department of Administration, Division of Human Resources for further processing.  Upon receipt of their approval, the Office of Human Resources will adjust your CS-3, Block 40, to reflect code 4.

The “Application for 20 Year Certification” CS-342 form can be obtained directly from the Office of Human Resources and is also located within the HR Forms section of RIDOC’s Intranet and Internet sites. 

NOTE: Pursuant to R.I. General Laws Section 36-4-59, employees whose base entry date is after August 7, 1996 are not eligible for Statutory Status.

How do I apply for Veteran’s Status?

If you are a Classified, Unclassified or Non-Classified State employee with fifteen years combination of state and military time (total military active duty cannot exceed four years and cannot be concurrent with state time), you can apply for veteran’s status.   You need to complete the “Application for Veteran’s Status” CS-359 form and send to the Office of Human Resources along with a copy of your DD214. You must have been an honorably discharged veteran of the armed forces of the United States. They will review the forms and then forward them on to the Department of Administration, Division of Human Resources for further processing.  Upon receipt of their approval, the Office of Human Resources will adjust your CS-3, Block 40, to reflect code 8.

The “Application for Veteran’s Status” CS-359 form can be obtained directly from the Office of Human Resources and is also located within the HR Forms section of RIDOC’s Intranet and Internet sites. 

NOTE: Pursuant to R.I. General Laws Section 36-5-7, employees whose base entry date is after August 7, 1996 are not eligible for Veteran’s Status.

How do I apply for Disabled Veteran’s Status?

If you are a Classified, Unclassified or Non-Classified State employee with ten years combination of state and military time (total military active duty cannot exceed four years and cannot be concurrent with state time), you can apply for disabled veteran’s status. You need to complete the “Application for Veteran’s Status” CS-359 form and bring to the Office of Human Resources along with a copy of your DD214.  You must be receiving a disability pension from the US government for a service connected disability.  The Office of Human Resources will review the forms and then forward them on to the Department of Administration’s Division of Human Resources for further processing.  Upon receipt of their approval, the Office of Human Resources will adjust your CS-3, Block 40, to reflect code 8.

The “Application for Veteran’s Status” CS-359 form can be obtained directly from the Office of Human Resources and is also located within the HR Forms section of RIDOC’s Intranet and Internet sites. 

NOTE: Pursuant to R.I. General Laws Section 36-5-8, employees whose base entry date is after August 7, 1996 are not eligible for Disabled Veteran’s Status.