The Family and Medical Leave Act (FMLA) is a federal law that provides employees the right to take a leave of absence for family, medical reasons, and leave for military families while maintaining job protection. Additional information on FMLA can be found below.
Eligibility
Anyone employed by the University for at least 12 months who has worked at least 1250 hours in the 12-month period preceding is eligible for a family or medical leave if needed. Please note, special limitations for FMLA may apply to highly compensated employees. Eligible employees may apply for FMLA when:
- A health care provider determines you’re unable to work due to illness, injury or pregnancy.
- You must care for a family member with a serious health condition.
- You need to care for a child due to birth, adoption or foster care placement.
- You have a qualifying exigency leave because a spouse, son, daughter or parent is on covered active duty (or has been notified of an impending call/order).
- You need to care for a spouse, child, parent or next of kin who is undergoing medical treatment, recuperation or therapy, is in outpatient status or is on the temporary disability retired list for a serious illness or injury incurred or aggravated in the line of duty on active duty.
- Leave that may be covered by applicable state leave laws.
Learn more about eligibility in Collected Rules and Regulations, 340.010 Family and Medical Leave. Employees who are not eligible for FMLA may have additional leave options. Learn more by accessing HR-408.
Duration
An eligible employee may take up to twelve (12) workweeks of leave in a 12-month period for one or more of the reasons:
- The birth of a child or placement of a child with the employee for adoption or foster care; leaves for birth or adoption must be taken with 12-months of the event.
- To care for the employee’s spouse, son or daughter, parent, sponsored adult dependent, or the child of a sponsored adult dependent with a serious health condition, as certified by a health care provider.
- For a serious health condition that makes the employee unable to perform the essential functions of the employee’s job, or
- For any qualifying exigency arising out of the fact that an employee’s spouse, son or daughter, parent, sponsored adult dependent, or a child of a sponsored adult dependent is a military member on covered active duty or call to covered active duty status in the Armed Forces in support of a contingency operation.
An eligible employee may also take up to 26 workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness, when the employee is the spouse, son or daughter, parent, sponsored adult dependent, child of a sponsored adult dependent or next of kin of the covered service member. The single 12-month period for military caregiver leave is different from the 12-month period used for other FMLA leave reasons.
Intermittent and reduced schedule leave may be available in certain circumstances. If an employee has exhausted eligible FMLA leave, they may have additional leave options. Learn more by accessing HR-408.
Applying for FMLA
Employees should work with their supervisors to plan for time off due to a leave of absence and apply at least thirty (30) calendar days before the anticipated need where possible.
To apply for a leave of absence, complete the instructions outlined on the Taking Qualifying or FMLA Leave webpage.
Pay and Benefits
Eligible employees must use all available accrued paid time off before going unpaid as part of an FMLA leave of absence.
- Staff: The following order will be submitted for paid leave as applicable, unless otherwise requested:
- Faculty: The following order will be submitted for paid leave, with no exceptions:
- Available paid FMLA leave (CRR 340.070)
- Four (4) weeks of annual leave, defined as 20 days each year (CRR 320.070)
- Once all paid leave is exhausted, FMLA leaves are without pay.
While on FMLA, employees are eligible to continue participation in the university's employee benefit programs (medical, dental, life, vision, etc.). Employees are responsible for their portion of the premium costs for coverage to continue.
Reviewed 2024-03-28