Family Medical Leave Act
The Family Medical Leave Act (FMLA) is a federal law which came into effect in 1993. It requires that employees are granted up to 12 weeks of FMLA job-protected leave per fiscal year, for specific medical reasons. FMLA may be granted at any time but it does not mean that it will be automatically approved or that the employee is eligible for FMLA leave.
- Must have worked for the employer for a total of 12 months;
- Must have worked at least 1,250 hours over the previous 12 months
** Prior state service counts. Time military members spend deployed count.
Reasons for FMLA
- Birth and care of the eligible employee’s child, placement for adoption or foster care of a child with the employee.
- Care of an immediate family member (spouse, child, parent) who has a serious health condition.
- Care of the employee’s own serious health condition.
** “Serious Condition”
- Inpatient care (i.e., an overnight stay) in a hospital, hospice, etc.
- Continuing treatment by a health care provider.
FMLA and the Armed Forces
- Qualifying exigency leave – Up to 12 weeks of leave when the service member is on active duty or has been notified of a call/order to active duty.
- Military caregiver leave – Up to 26 weeks of leave to care for an injured service member (Only FMLA that is not based on fiscal year. Year begins the first day the employee is on leave and extends 12 months out).
- All available sick and vacation must be used concurrently.
- Holidays (with the exception of Christmas break) will be counted toward FMLA time.
- Employees may use compensatory time but are not required to.
- FMLA can be used intermittently or as a lump sum. Intermittent leave is defined as taking leave in separate blocks
of time but for the same qualified reason. An example would be taking a half day every Monday for two months
to receive medical treatment for an ongoing illness.
FMLA and Insurance
While in a paid status, insurance premiums will be continued to be deducted from the employee’s paycheck. If the employee is in a leave without pay status he/she must contact the Office of Human Resources (936-261-1730) or Benefitsteam@pvamu.edu to set up payment arrangements.
- When an employee requests FMLA leave or when PVAMU acquires knowledge that an employee’s leave may be for an FMLA qualifying reason, PVAMU must provide written notice to the employee within five (5) business days, regarding the employee’s FMLA eligibility. If PVAMU requires additional information to determine FMLA eligibility, the employee must be notified in writing and provided seven (7) calendar days to provide the information. (Designation Notice)
- In addition to providing the eligibility notice referenced above, PVAMU must provide written notice detailing the specific expectations and obligations of the employee and explaining the consequences of failure to meet these obligations. (Notice of Eligibility and Rights & Responsibilities).
- WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition
- WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition
- WH-381 Notice of Eligibility and Rights & Responsibilities
- WH-382 Designation Notice
- WH-384 Certification of Qualifying Exigency For Military Family Leave
- WH-385 Certification for Serious Injury or Illness of Covered Service member – for Military Family Leave
- Department of Labor Forms
- Your Rights under the Family and Medical Leave Act of 1993 (English) / (Spanish)
- Laws & Regulations (29 CFR Part 825) & (29 CFR 825.203)
- Policy governing FMLA
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