Guideline 4-8: Family and Medical Leave

FMLA Leave:

Basic Leave Entitlement

FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:

  • For incapacity due to pregnancy, prenatal medical care or child birth;
  • 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 Entitlements

Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

Leave under the Family and Medical Leave Act (FMLA) is unpaid.   However, if an employee has accrued paid leave (comprehensive sick or vacation leave hours), then the paid leave will run concurrently with the FMLA leave.    This rule will apply to all employees on FMLA leave except those who are receiving workers’ compensation benefits.   In many instances, an on-the-job injury that qualifies for workers’ compensation coverage also will qualify under the FMLA.    Under state law, an individual receiving workers’ compensation benefits may choose whether to use other paid leave to supplement his or her benefits.    Additional information regarding an employee’s rights under the FMLA or workers’ compensation is available from the Human Resources Office.

(Re: Policy IV-E-5; Board of Trustees Policy Manual)

(Revised 1/15/2010)