Heather Falks, Employment Attorney/ADA Coordinator · Office of General Counsel
Indiana trial courts have an obligation to offer benefits under the Family Medical Leave Act (FMLA). Court employees are employees of the court and not the county; however, many trial courts rely on the county to assist in the administration of FMLA benefits.
Even if your court relies on the county to assist you with FMLA, as the judge and employee supervisor, it is important for you to know the FMLA requirements and to require regular updates from court employees concerning the status of their FMLA. The interplay between FMLA and the Americans with Disabilities Act can cause complications for your court if you are not receiving necessary updates and documentation from both the employee and the county.
Every court should know who their employees are required to notify if they have an FMLA qualifying event. This is determined by the employee handbook—some courts have their own, while others use the county handbook.
Whether your court relies on the county handbook or your own, it is important to be aware of who the employee is expected to notify concerning their need for FMLA. For those courts that rely upon the county handbook, it likely requires that all employees notify the county human resources department or the county auditor. This means it is possible a court employee could take FMLA leave without you ever being notified of the request or its details.
Every court should ensure that they are included in the FMLA request and administration process; how involved the court is in this process can vary based upon the preference of the court.
To assist your court in reviewing your FMLA procedures, the General Counsel at the Indiana Supreme Court’s Office of Judicial Administration has issued a 6-page guidance memo covering:
- General terms of FMLA – including eligibility, notice requirements, and protections
- ADA & FMLA interplay – it’s common for one event to trigger both FMLA and ADA protections
- Remote work as an accommodation – if your employee can work remotely, this can be a benefit to everyone
Read the guidance memo at on.in.gov/fmla-2201
Questions? Contact the author at [email protected] or 317-234-2620