FMLA / EXTENDED MEDICAL LEAVE AND PARENTAL LEAVE

FMLA stands for the Family and Medical Leave Act. It is a federal law in the United States that allows eligible employees to take up to 12 weeks of unpaid leave for specific family or medical reasons without risking job loss. The FMLA provides job protection and continuation of health insurance coverage during the leave period. Eligible reasons for FMLA leave include the birth, adoption, or fostering of a child, the serious health condition of the employee or an immediate family member, and certain qualifying exigencies arising from a family member’s military service.

Employees have the option to substitute accrued paid leave for unpaid FMLA leave, as long as they comply with the employer’s applicable paid leave policy. This means that paid leave and FMLA leave will run concurrently, and the employee will receive pay according to the paid leave policy while being protected under the FMLA. Employers may also require employees to use their accrued paid leave for FMLA purposes.

If you have any questions or need assistance with the FMLA process, please contact Employee Relations at emprels@fau.edu or call (561) 297-3058.

 

Am I Eligible?

To be eligible for FMLA, you must:

• Have at least 12 months of employment (need not be consecutive) with FAU.
• Have worked at least 1,250 hours for FAU during the 12 months prior to the FMLA leave start date. Only hours actually worked for the employer count towards the 1,250-hour requirement. Paid leave such as vacation, sick, or holidays are not included.
• Not have exhausted your current FMLA entitlement.

 

What Qualifies for FMLA?

FMLA applies to the following conditions:

• Twelve workweeks of leave in a 12-month period for:
  • the birth of a child and to care for the newborn child within one year of birth;
  • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • to care for the employee’s spouse, child, or parent who has a serious health condition;
  • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
  • any qualifying exigency arising out of the fact that the employee’s spouse, child, or parent is a covered military member on “covered active duty;” or

• Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

Employees with one or more years of continuous service who have worked at least 1250 hours in the preceding twelve month period, may take extended medical leave up to six (6) months with appropriate medical documentation. The leave may be counted as six (6) continuous months or as an equivalent period of intermittent leave or a combination of both. That leave may be extended beyond six months with additional appropriate medical documentation and the approval of the Senior Vice President, Provost or Vice President, however, the extension of leave is not automatic or guaranteed. Upon the employee’s return to work, after taking six months of medical leave, the employee shall work a minimum of six months before any additional periods of extended non-FMLA medical leave may be approved, unless this requirement is waived by the Provost or Vice President. If any medical leave meets the provisions for FMLA, the leave shall be counted as such. Employees in their first year of employment may take unpaid medical leave beyond their leave balance, with appropriate medical documentation and the approval of the Senior Vice President, Provost or Vice President, however this leave is not automatic or guaranteed.

Employees with one or more years of continuous service shall be provided with up to six months unpaid parental leave from the University, during which time the employee may use paid leave, when the employee becomes a biological, adoptive, or foster parent. Employees in their first year of employment may only take unpaid parental leave beyond their leave balance with appropriate medical documentation and special approval of the Provost or Vice President.

Parental leave may begin two weeks prior to the expected date of the child’s arrival and must be completed no more than 6 months from the date of the child’s birth or adoption. FMLA leave, alternatively, must be completed no more than 12 months following the birth, adoption or foster care placement of the child. FMLA leave for the birth or adoption of a child shall run concurrently with any University parental leave, and may not be used to provide an additional period of leave beyond 6 months. In the event that an employee chooses to take available FMLA leave commencing after the first 6 months following the birth, adoption, or foster care placement of the child, the University’s six month leave policy will not apply.

Parental leave taken under the provisions of FMLA or the University’s parental leave policy must be a consecutive period of time, and the employee must provide a minimum of 30 days notice prior to the leave period. Employees on parental leave may use up to six weeks of paid sick leave for the period of leave immediately following the birth of a child. Parental leave beyond the six week period may be covered by other accrued paid leave or remain a period of unpaid leave.