Under the provisions of the Family and Medical Leave Act (FMLA), employees are entitled to up to twelve weeks of leave per twelve-month period under particular circumstances that are critical to the life of an employee or family member.
Types of Family and Medical Leave of Absence
Type 1: The Family and Medical Leave Act (FMLA) of 1993 provides eligible University employees up to 12 weeks of unpaid leave during a 12-month period for the following situations:
- upon the birth of the employee’s child;
- upon the placement of a child with the employee for adoption or foster care;
- when the employee is needed to care for a child, spouse, or parent who has a serious health condition (note that the Family Medical Leave Act and this policy do not cover the parent of an employee’s spouse);
- when the employee is unable to perform the functions of their position because of a serious health condition;
- a qualifying exigency arising out of the fact that the spouse, or a child, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.
Type 2: Furthermore, the FMLA entitles up to 26 weeks of unpaid leave when the employee is needed to care for a child, spouse, parent or next of kin (nearest blood relative) who is a member of the Armed Forces, including a member of the National Guard or Reserves who is undergoing medical treatment, recuperation, or therapy, is otherwise in an outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.
FMLA Leave of Absence is available to all full-time and part-time faculty, administrative/professional and hourly staff employees who have been employed for at least one year and worked for a minimum of 1,250 hours over the previous twelve months. Please see the FMLA Policy for complete details and information about benefits, any paid time, and requirements.
Making a Request
There are three steps for making a request to take FMLA leave:
- Employees must submit a completed Request for Leave of Absence under FMLA Form (completed by the employee) to the ADA/504 Coordinator.
- The employee must also submit a completed FMLA Certification Form (completed by the health care provider or military supervisor, as appropriate) to the ADA/504 Coordinator. The Certification Form must include sufficient information as stipulated by the Department of Labor and all questions must be answered. TU uses different Certification Forms using DOL guidance depending on the type of FMLA Leave of Absence needed, and these forms and all definitions therein are encompassed under this policy:
- Certification of Health Care Provider for Employee’s Serious Health Condition
- Certification of Health Care Provider for Family Member’s Serious Health Condition
- Certification of Health Care Provider for Current Servicemember’s Serious Health Condition
- Certification of Health Care Provider for Veteran’s Serious Health Condition
- Certification for Military Family Leave for Qualifying Exigency
- Adoption or foster care placement documentation
3. Employees must fill out Part I of the Supervisor Form, then submit the form to their supervisor for completion and Department Head signature. This completed form should be submitted to the ADA/504 Coordinator.
Employees can anticipate the following process:
- Employee becomes aware of need to request FMLA leave and notifies ADA/504 Coordinator
- ADA/504 Coordinator sends employee the information about making an FMLA leave request and eligibility for taking FMLA leave
- If eligible, employee submits the three required forms described above (Request Form, relevant Certification Form, and Supervisor Form) to the ADA/504 Coordinator. These completed forms are due either:
- Within 15 calendar days for unforeseeable conditions, or
- 30 calendar days in advance of the start of FMLA leave for foreseeable conditions
- ADA/504 Coordinator sends employee FMLA outcome information