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Family Medical Leave Act

Employees may qualify for a family or medical leave in accordance with the Family and Medical Leave Act.  FMLA leave may be granted to eligible employees for up to 12 weeks of unpaid, job-protected leave during any 12 month rolling period for certain family and/or medical reasons. 

Types of Leave Available:

  • For incapacity due to pregnancy, prenatal medical care or child birth;
  • To care for the employee’s child after birth or placement for adoption or foster care;
  • To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or,
  • For a serious health condition that makes the employee unable to perform the employee’s job.
  • For certain qualifying exigencies related to covered active duty or the call to covered active duty of the employee’s spouse, son, daughter or parent
  • For care of the employee’s spouse, son, daughter or parent who is a seriously injured or ill servicemember.  An employee may be eligible for up to 26 weeks of leave in a 12-month period to care for this servicemember.

In order to be able to take FMLA leave, the employee must:

  1. Have completed his or her introductory period;
  2. Have worked 1250 hours during the 12-month period prior to the leave;
  3. Notify his or her supervisor or department head with 30 days advance notice when the leave is foreseeable, such as for the expected birth or placement of a child.  When the leave is not foreseeable, then the employee must notify his or her supervisor (or human resources) as soon as is reasonably possible and comply with the normal call-in policy;
  4. Meet with the appropriate Human Resources representative to complete the necessary documentation;
  5. Submit a medical certification to support a request for leave due to a serious health condition; and
  6. Provide medical updates either monthly or as applicable.

Staff members on FMLA leave will have their benefits maintained by the University for up to twelve (12) weeks.  The staff member remains responsible for his or her employee contributions during the period of the FMLA leave.   

Spouses employed by the University will only be allowed a combined total of 12 weeks leave during any 12 month period, when the leave is related to the birth or placement of a child. Spouses employed by the University will only be allowed a combined total of 26 weeks leave during any 12 month period, when the leave is related to the care of a covered injured or ill service member.

If an eligible employee requests FMLA leave due to the employee’s own serious health condition, the employee must use any accrued benefit time (sick, personal and vacation) concurrently with the FMLA leave.  The employee may also be eligible for short-term disability benefits (STD) concurrently with the FMLA leave.

If the FMLA leave is due to the serious health condition of an eligible family member, then the employee will be permitted to use sick time in addition to accrued vacation and personal time concurrently with the FMLA leave. 

The concurrent use of any paid leave time does not extend the 12 week (job protected) leave period.  For staff employees, the University disability and personal leave policies should offer greater benefit and job protection than those provided under the Family Medical Leave Act.  The University will treat all appropriate STD leave under the provisions of the FMLA with all FMLA leaves running concurrent with other leaves.  An FMLA application is required for all related leaves and the appropriate limitations apply.

Upon return from a job protected FMLA leave, the employee will be restored to his or her original or equivalent position that he or she occupied prior to the leave, with equal pay, benefits and other employment conditions.

The information provided is for informational purposes only, for specific details on scheduling of this type of leave please contact the Office of Human Resources at (570) 941-7767.  In addition to contacting the Office of Human Resources, the request for family medical leave must be approved by an employees' supervisor.