Family Medical Leave (FMLA) FAQs

The Family Medical Leave Act provides unpaid leave to eligible employees for up to 12 weeks during a 12 month period for a qualifying reason.

The following reasons qualify under FMLA:

• The birth or care of a newborn child
• Placement of a child for adoption or foster care and care for the newly placed child
• To care for a spouse, domestic partner, child, or parent with a “serious health condition”
• An employee’s own “serious health condition”

Faculty and staff who have been employed by the University for at least 12 months and have worked a minimum of 1,250 hours during the immediately preceding 12 months.

No FMLA is an unpaid leave. However, your PTO, Sick (for your own serious health condition only) and Vacation time will be used for the first 12 weeks of the leave or until it has been exhausted.

A serious health condition is an injury, illness, impairment, or physical/mental condition that involves either inpatient care or a “period of incapacity” that includes “continuing treatment” by a healthcare provider.

There are two types of Military Family Leave. One is called Qualifying Exigency Leave and the other is called Military Caregiver Leave.

This leave provides 12 weeks of leave to eligible employees who have a service/military member (a spouse, domestic partner, son, daughter, or parent) who is a current member of the Armed Forces, including the National Guard or Reserves, and who is on covered active duty deployed to a foreign country or who has been notified of an impending call to covered active duty involving deployment to a foreign country. The 12 weeks of qualifying exigency leave is not in addition to the regular 12 weeks of leave available for other FMLA purposes.

This leave provides eligible employees up to 26 weeks of unpaid leave once during a single 12-month period to care for a covered service member (either a current member of the Armed Forces or a military veteran who was released under conditions other than a dishonorable discharge) recovering from a “serious injury or illness” sustained or aggravated in the line of active duty. The single 12-month period for purposes of Caregiver Leave is measured from the date the employee first takes Military Caregiver Leave. Military Caregiver Leave may be taken within five years after the service member leaves the military under conditions other than a dishonorable discharge. Note: The 26 weeks is inclusive of the 12 weeks of leave already provided under regular FMLA or qualifying exigency leave.

Each eligible employee is entitled to up to 12 weeks for their own serious health condition. However, if you and your spouse are both employed by the University, you are limited to a combined total of up to 12 weeks for the birth of a child, to care for the child after birth, for placement of a child with them for adoption or foster care or to care for the child after placement, or to care for the employee’s parent with a serious health condition.

FMLA runs concurrently with any lost time under Short-Term Disability or Workers’ Compensation. However, if you return to work prior to exhausting your FMLA entitlement, the remaining weeks can be used for qualifying FMLA reasons.

If you would like to take advantage of the full 12 weeks of FMLA after the birth of a child, and your Short-Term Disability approval is for less than 12 weeks, you should apply for FMLA.

No, FMLA for maternity or paternity must be taken consecutively.

Yes, while you are on FMLA, your PTO, Sick (for your own serious health condition or the care of a family member with a serious health condition) and Vacation time banks may be used until your banks have been exhausted, or you return to work.

Your benefits will continue and premiums will be deducted from your paycheck. During an unpaid portion of FMLA, your deductions will go into arrears and you will be responsible for payment upon return to work.

Some FMLA leaves can be taken intermittently if approved by your physician.

• In consecutive full days/weeks
• Intermittently/periodically (hours/partial days)
• As a reduced work schedule

You should complete the FMLA application which can be found here.

Requests should be made 30 days in advance or as soon as practicable.

Upon receipt of your request, Leave Administration will determine eligibility. If you are eligible, you will receive a medical certification form that must be completed by your physician. The medical certification form can also be found here.

Forms can be faxed to (585) 276-1361 or mailed to Leave Administration (Box 278955).

Leave Administration will send a letter to your home.

Provided there were no changes to your original request, you simply return to work on the expected date. Your supervisor should be tracking your time on leave and provide Leave Administration with a return to work notice.