3.26 FAMILY AND MEDICAL LEAVE ACT

Effective: August 15, 2024

Purpose: To provide guidance on leave pursuant to the Family and Medical Leave Act

Scope: This policy applies to all eligible University employees.

Responsible Office: Human Resources

Policy Statement: The Family and Medical Leave Act (FMLA) of 1993 requires the University to provide up to twelve (12) weeks of paid or unpaid, job-protected leave to eligible employees for certain family and medical reasons. Employees are eligible if they have worked for the University for at least one (1) year, and for 1,250 hours or more during the previous twelve (12) months. Employees must use all sick leave and vacation leave balances before leave without pay will be considered.

The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave. The employee should expect to return to their original or equivalent position with equivalent pay, benefits, and other employment terms.

Reasons for requesting such leave include:

• for incapacity due to pregnancy, prenatal medical care or childbirth;
• 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.

Military family leave provisions of up to twelve (12) weeks during the normal twelve (12)-month period are available for eligible employees with a spouse, son, daughter, or parent on active duty or notice of impending call or order to active duty status in the National Guard or Reserves in support of a contingency operation. An additional provision permits eligible employees up to twenty-six (26) weeks of leave, during a single twelve (12)-month period, to care for a covered service member who has a qualifying serious injury or illness incurred in the line of duty.

Any employee needing leave under FMLA should contact Human Resources (HR) to receive the appropriate forms for requesting leave and obtaining medical certification.

If leave is approved, the employee should remain in contact with their supervisor and HR to monitor leave balances and benefit coverage. Upon return to work, a physician’s release may be required by HR and/or the supervisor.

Definitions: All words and phrases shall be interpreted utilizing their plain meanings unless otherwise defined in another University or Board of Regents policy or by statute or regulation.

Procedures: All procedures linked and related to the policies above shall have the full force and effect of policy if said procedures have first been properly approved by the University’s administrator in charge of Human Resources Procedures.

[Human Resources procedures - coming soon]

Related Policy Information: 29 U.S.C. §§ 2601 et seq. – Family Medical Leave Act of 1993; 29 C.F.R. 825