International Union of Operating Engineers
Local 30

If You Take a Family and Medical Leave

The Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid leave during any 12-month period due to:

  • The birth or adoption of a child or placement of a child with you for foster care or adoption;
  • The care of a seriously ill spouse, parent, or child;
  • Your serious illness; or
  • You have an urgent need for leave to care for your spouse, son, daughter, or parent is on active duty in the Uniformed Services.

You are eligible for a leave under FMLA if you:

  • Have worked for a covered employer for at least 12 months;
  • Have worked at least 1,250 hours during the previous 12 months; and
  • Work at a location where at least 50 employees are employed by the employer within a 75-mile radius of the employer’s location.

During your leave, you will maintain medical coverage offered through the Fund.

The Fund will maintain your prior eligibility until the end of the leave, provided your employer properly grants the leave under the federal law and makes the required notification and payment to the Fund.

You may be required to provide:

  • 30-day advance notice of the leave, if possible;
  • Medical certifications supporting the need for a leave; and/or
  • Second or third medical opinions and periodic recertification (at your employer’s expense) and periodic reports during the leave regarding your status and intent to return to work.

Your leave will end on the earlier of your return to work or 12 weeks. If you do not return to work within 12 weeks, you may qualify for COBRA Continuation Coverage (Private Sector/Municipal).

You will continue to earn Pension Plan credits while away on leave under FMLA.

If you are a Municipal employee your pension is through the New York City Employee Retirement System (NYCERS). Please visit the NYCERS website for more information.

For more information about FMLA, contact the Fund Office.