The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
FMLA Leave
Under the Family Medical Leave Act (FMLA) of 1993, you may be entitled to take up to 12 weeks of unpaid, job-protected leave for any of the following qualifying reasons:
- A serious health condition that makes you unable to perform the functions of your job.
- The birth of a child and to bond with the newborn child within one year of birth.
- The placement of a child for adoption or foster care, and to bond with the newly placed child within one year of placement.
- To care for your spouse, child (including biological, adopted, foster, step, legal wards, and children for whom you stand in loco parentis), or parent who has a serious health condition.
- Any qualifying exigency arising out of the fact that your spouse, child, or parent is a military member on covered active duty.
- To care for a service member with a serious injury or illness if the employee is the spouse, child, parent, or next of kin of the service member.
POLICY 417 - Family/Medical Leaves
Eligibility for FMLA Leave
In addition to having a qualifying reason, you must also meet the following eligibility criteria to take FMLA leave:
- You must have worked for the university for at least 12 months; and
- You must have worked at least 1,250 hours in the 12-month period immediately preceding the leave.
Duration of FMLA Leave
If eligible, you may take up to 12 weeks of FMLA leave during a "rolling" 12-month period. Your 12 weeks will begin on the date that your Family and Medical Leave begins, including holidays but not winter recess.
Requesting FMLA Leave
FMLA can be requested by the employee or department as soon as is practicable. If the employee is absent for more than three days, the department can submit the request. Once the Benefits Office receives the request, the employee will be provided with the Notice of Eligibility and Rights and Responsibilities, including the following:
- FMLA for Family Certification to care for a child, spouse, or parent will need to be completed within 15 calendar days
- FMLA related to the employee’s health condition is applicable to Short-Term Disability and there are no documents to be completed
Pay During FMLA Leave
If you are on FMLA for any reason other than a work-related illness or injury, then you will be required to use your available paid time off accruals concurrently with your FMLA leave. If you do not have sufficient paid time off hours available, you will be unpaid. Employees on unpaid or disability leave do not receive paid time off accruals.
If you are unpaid for more than one month, the Benefits Office will set you up to pay your missed benefit premiums through WageWorks, our third-party administrator.
If you are on Short-Term Disability leave, you will continue to receive your disability pay as you would normally receive your salary.
Returning to Work
The FMLA guarantees that you will be able to return to work in the same position or an equivalent position as determined by the university. To return to work from continuous FMLA due to your own serious health condition, your department may ask for an authorized return-to-work letter from your physician.
If your return to work will require any work-related restrictions or limitations, you must notify your supervisor prior to your anticipated return to work date so that they may partner with the campus' ADA Coordinator, if necessary, to discuss accommodations. If your department, in consultation with HR, Benefits and Leave, and the ADA Coordinator, determines that it cannot reasonably accommodate your restrictions or limitations, then you may be required to remain on leave for the duration of your limitations, or until your FMLA exhausts, whichever is sooner.
If you are on disability leave and your FMLA is exhausted, your department may release you from your position and you can continue to be on disability leave.