--- title: "SparkWell Family & Medical Leave" slug: "sparkwell-family-medical-leave" updated: 2025-10-22T21:11:25Z published: 2025-10-22T21:11:25Z canonical: "resourceportal.antientropy.org/sparkwell-family-medical-leave" --- > ## Documentation Index > Fetch the complete documentation index at: https://resourceportal.antientropy.org/llms.txt > Use this file to discover all available pages before exploring further. # SparkWell Family & Medical Leave ### Who is this for? This content is designed for participants in Anti Entropy's SparkWell fiscal sponsorship program. While some context will be specific to SparkWell and may need more context, we've made these resources public because they may, nevertheless, be useful to others who may be founding or building an organization. ## 1. About this Policy 1.1. In accordance with the Family Medical Leave Act (FMLA), we provide eligible employees up to twelve weeks of leave for family and medical reasons. 1.2. This policy does not form part of any employment contract and may be amended in accordance with state and federal laws at any time. 1.3. **Important Note:** Employees who are contracted under an Employer of Record (EOR), such as Deel, will need to follow the policies of the EOR provider and, where they differ, the EOR policy takes precedence. ## 2. Eligibility 2.1. You are eligible for up to 12 weeks of unpaid family/medical leave within a 12-month period and restoration to the same or equivalent position upon return, provided you: - Have worked for at least 12 months - For at least 1,250 hours in the last 12 months - Are employed at a worksite with 50 or more employees within a 75-mile radius 2.2. **12-Month Calculation Method**: The 12-week entitlement is calculated using a "rolling back" method, which looks back 12 months from your leave request date to determine available leave. 2.3. **Note on Organization Size**: We currently have fewer than 50 employees and are therefore not subject to FMLA requirements. However, state family and medical leave laws may still apply depending on your state of residence. Contact your supervisor for information about applicable state leave laws. ## 3. Reasons for Leave 3.1. Eligible employees may take family/medical leave for: 3.1.1. The birth of a child and to care for or bond with the child. 3.1.2. The placement of a child (under 18 years) for adoption or foster care. 3.1.3. To care for your own serious health condition that prevents you from performing essential job functions, or to care for a spouse, child, or parent with a serious health condition. ("Parent" means biological, adoptive, step, or foster parent, or individual who stood in loco parentis to you as a child. Does not include parents-in-law.) 3.1.4. **Military Family Leave** under the National Defense Authorization Act: 3.1.4.1. Up to 12 weeks for a qualifying exigency related to a covered service member on active duty or notified of impending call to active duty (covered family: spouse, parent, child) 3.1.4.2. Up to 26 weeks for military caregiver leave if you are the spouse, child, parent, or next of kin of a covered service member receiving medical treatment (calculated rolling forward from first day of leave) 3.2. Leave for birth, adoption, or foster care must be completed within 12 months of the birth or placement date. ## 4. Notice of Leave 4.1. **Foreseeable leave**: Provide your supervisor at least 30 days prior written notice. If not possible, provide notice as soon as practical (within 1-2 business days of learning of your need). Failure to provide proper notice may delay leave approval. 4.2. **Unforeseeable leave**: Follow the same notice and procedural requirements that apply to other similar absences, except in extraordinary circumstances. 4.3. **Required forms**: Use Family Medical Leave forms available from your supervisor or support@antientropy.org. 4.4. **Information required**: Provide enough information to indicate the leave may be FMLA-covered. You don't need to disclose your diagnosis, but must indicate the leave is for an FMLA-protected condition. ## 5. Medical Certification 5.1. For leave due to your own or a covered family member's serious health condition, you and the relevant healthcare provider must supply appropriate medical certification. We may request second or third medical opinions at our expense. 5.2. Medical Certification Forms are available from your supervisor or support@antientropy.org. We will notify you of certification requirements and due date (at least 15 calendar days after your request). 5.3. If you provide 30 days' notice of medical leave, provide certification before leave begins. 5.4. Failure to provide requested certification in a timely manner may result in denial of leave until provided. We may require subsequent recertification on a reasonable basis. ## 6. Reporting While on Leave 6.1. Keep us updated on your leave status and intent to return to work. Depending on absence length, you may be required to check in biweekly or monthly. 6.2. Inform us if your need for FMLA leave changes (e.g., if your doctor clears you to return earlier than expected). ## 7. Unpaid Leave 7.1. Family/medical leave is unpaid, although you may use Vacation or Paid Sick Leave or may be eligible for short/long-term disability payments and/or workers' compensation benefits. Substituting paid leave time for unpaid leave does not extend the 12-week period. 7.2. Depending on your state, you may be eligible for wage replacement programs. Inquire with your supervisor about available programs. ## 8. Medical and Other Benefits 8.1. During approved family/medical leave, we will maintain your healthcare benefits as if you remained actively employed. 8.2. You remain responsible for your portion of insurance premiums, paid according to normal schedule. If leave is unpaid and extends beyond one pay period, arrangements will be made for premium payment. ## 9. Intermittent and Reduced Schedule Leave 9.1. Leave for a serious health condition may be taken intermittently (in separate blocks of time) or on a reduced schedule (reducing usual hours worked per week or day) if medically necessary. During foreseeable intermittent or reduced schedule leave based on planned medical treatment, we may temporarily transfer you to an available alternative position with equivalent pay and benefits that better accommodates recurring leave. ## 10. Returning from Leave 10.1. Upon return, you will be restored to your original or equivalent position with equivalent pay, benefits, and employment terms, unless business conditions make this impossible. 10.2. If you took leave for your own serious health condition, you must provide medical certification of fitness to resume work. Return to Work Medical Certification Forms are available from your supervisor or support@antientropy.org. You cannot resume work until this form is provided. ## 11. Job Protection Limitations 11.1. In certain circumstances, reinstatement may be denied to "key employees" (highest-paid 10% of employees within 75 miles). If you are a key employee, you will be notified of this status and potential denial of reinstatement when your FMLA leave is approved. ## 12. Additional Resources 12.1. For more information, see the [US Department of Labor FMLA Employee Guide](https://www.dol.gov/agencies/whd/fmla).