Family Medical Leave Act


The Family and Medical Leave Act (FMLA) allows employees to balance their work and family life by taking leave for certain family and medical reasons. The FMLA seeks to accomplish this in a manner that accommodates the legitimate interests of the employer, and minimizes the potential for employment discrimination on the basis of gender, while promoting equal employment opportunities for men and women.

FMLA provides certain employees with up to 12 work-weeks of unpaid job-protection leave in a specified "rolling back" 12-month period. The Federal Law requires group health insurance benefits to be maintained during the leave as if the employee continued to work instead of taking leave.

Leave Conditions

Employees taking FMLA leave for their own serious health condition, or leave to care for a family member with a serious health condition, will be required to use their accrued, paid leave prior to being granted FMLA leave without pay.

If the leave is for a reason that qualifies as FMLA leave, and the employee's sick accruals are exhausted, the employee is required to use his or her accrued, paid vacation. The total of paid and unpaid FMLA leave will count against the 12 work-weeks of FMLA leave entitlement.


Employee must have been employed with the City of Billings a cumulative total of at least 12 months prior to leave.
  • Employee must have worked 1,250 hours (exclusive of vacation, sick leave, and holidays) in the 12 months preceding leave time.
  • The 12 months of employment need not be consecutive months.
  • The 1,250 hours include only those hours actually worked paid leave and unpaid leave, including FMLA leave, are not included.


The FMLA Employee Kit or the FMLA Employee Family Member Kit provides the employee with all of the information and forms needed to request FMLA time.