Family and Medical Leave Act (FMLA) 

Responsible Office Human Resources

Employees may be entitled to a leave of absence under the Family and Medical Leave Act (“FMLA”). This policy provides basic information concerning FMLA entitlements and obligations.   Visit Time Off & Leaves of Absence for additional information. 

Employees Eligible for FMLA Leave 

FMLA leave is available to “eligible employees.” To be eligible, an employee must: (1) have been employed by the University for at least 12 months (which need not be consecutive); (2) have worked for the University for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave; and (3) be employed at a worksite where 50 or more employees are located within 75 miles of the worksite. 

Employee Entitlements for FMLA Leave 

As described below, the FMLA provides eligible employees with a right to leave, health insurance benefits and, with some limited exceptions, job restoration for certain family and medical reasons. 

Basic FMLA Entitlement: 

FMLA provides eligible employees up to 12 weeks of unpaid, job-protected leave during a 12-month period. The 12-month period is calculated on a rolling basis, measured backwards from the date the employees uses any FMLA leave. This calculation method is used for all reasons other than Military Caregiver Leave. 

Leave may be taken for any one, or for a combination, of the following reasons: 

- To care for the employee’s child after birth, or placement for adoption or foster care;

- To care for the employee’s spouse, child, or parent (but not in-law) who has a serious health condition;

- For the employee’s own serious health condition (including any period of incapacity due to pregnancy, prenatal medical care or childbirth) that makes the employee unable to perform one or more of the essential functions of the employee’s job; and/or

- Because of any qualifying exigency arising out of the fact that an employee’s spouse, child, or parent is a military member on covered active duty or call to covered active duty status (or has been notified of an impending call or order to covered active duty) in (a) the Reserve component of the Armed Forces for deployment to a foreign country in support of a contingency operation, or (b) the Regular Armed Forces for deployment to a foreign country.

Entitlement to FMLA leave for the birth of an employee’s child expires at the end of the 12-month period beginning on the date of the birth. 

Covered Servicemember Leave Entitlement: 

In addition to the basic FMLA leave entitlement discussed above, an eligible employee who is the spouse, son, daughter, parent or next of kin of a covered servicemember is entitled to take up to 26 weeks of leave during a single 12-month period to care for the servicemember with a serious injury or illness. Leave to care for a servicemember is available only during a single 12-month period and, when combined with other FMLA-qualifying leave, may not exceed 26 weeks during the single 12-month period. The single 12-month period begins on the first day an eligible employee takes leave to care for the injured servicemember. 

Use of Leave 

An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary.  Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations.  Leave due to qualifying exigencies may also be taken on an intermittent basis. 

Protection of Group Health Insurance Benefits 

 During FMLA leave, eligible employees are entitled to maintain group health plan coverage on the same terms and conditions as if they had continued to work. 

Restoration of Employment and Benefits 

Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. 
The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.

Substitution of Accrued Paid Leave During Unpaid FMLA Leave  

Employees must use all applicable accrued paid leave (to the maximum extent permitted by applicable law) while on unpaid FMLA leave.  

Set forth below is a description of the type accrued paid leave that may be substituted for unpaid leave based on the employee’s reason for leave.  

The substitution of paid time for unpaid FMLA leave time does not extend the length of FMLA leaves and the paid time will run concurrently with an employee’s FMLA entitlement. When all applicable accrued time is exhausted, then the balance of the leave will be unpaid. 

Upon request, the University will allow employees to use accrued paid leave to supplement any applicable paid disability or family benefits, Workers’ Compensation or other monetary benefits. Receipt of disability or family benefits, Workers’ Compensation benefits or other monetary benefits does not extend the maximum amount of leave time to which an employee is eligible under the FMLA.  

 Medical Leave for Employee with Serious Health Condition and Any Period of Disability Associated with Pregnancy or Childbirth: 

Employees must first utilize all available sick leave. When the sick leave is exhausted, accrued vacation leave, personal days, and compensatory time off must be utilized. For employees represented by collective bargaining agreements please refer to the leave of absence section in the appropriate contract. 

Leave to Care for a Family Member with a Serious Health Condition: 

When leave is to care of family member or injured service member, an employee has the option to use accrued sick leave. 

If sick leave is exhausted, or if the employee has chosen not to use sick leave for this purpose, accrued vacation leave, personal days, and compensatory time off must be utilized. 

Bonding Leave after Birth or Placement for Adoption or Foster Care: 

For the bonding leave under FMLA, accrued vacation leave, personal days, and available compensatory time off must be utilized.  

Coordination of FMLA Leave with Other Leave Policies 

The FMLA does not affect any federal, state or local law prohibiting discrimination, or supersede any state or local law which provides greater family or medical leave rights such as the Massachusetts’s Paid Family Medical Leave. For additional information concerning leave entitlements and obligations that might arise when FMLA leave is either not available or exhausted, please visit  Time Off & Leaves of Absence and the University’s Equal Opportunity Office regarding reasonable accommodations for additional information.  

Notice of Eligibility for, and Designation of, FMLA Leave 

Employees requesting FMLA leave are entitled to receive written notice from the University telling them whether they are eligible for FMLA leave and, if not eligible, the reasons why they are not eligible. When eligible, employees are entitled to receive written notice of: 1) their rights and responsibilities in connection with such leave; 2) the University’s designation of leave as FMLA-qualifying or non-qualifying and, if not FMLA-qualifying, the reasons why; and 3) the amount of leave, if known, that will be counted against the employee’s leave entitlement. 

The University may retroactively designate leave as FMLA leave with appropriate written notice to employees provided the University’s failure to designate leave as FMLA-qualifying at an earlier date did not cause harm or injury to the employee. In all cases where leaves qualify for FMLA protection, the University and employee can mutually agree that leave be retroactively designated as FMLA leave. 

Employee FMLA Leave Obligations 

Timing of Notice: 

Employees must provide 30 days’ advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as possible and generally must comply with an employer’s normal call-in procedures. Employees who fail to give 30 days’ notice for foreseeable leave without a reasonable excuse for the delay, or otherwise fail to satisfy FMLA notice obligations, may have FMLA leave delayed or denied 

Content of Employee Notice: 

Although employees do not have to share a medical diagnosis, employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. 

- Calling in “sick,” without providing the reasons for the needed leave, is not sufficient notice under this policy. Employees must respond to the University’s questions to determine if absences are potentially FMLA-qualifying.

If employees fail to explain the reasons for FMLA leave, the leave may be denied. When employees seek leave due to FMLA-qualifying reasons for which the University has previously provided FMLA-protected leave, they must specifically reference the qualifying reason for the leave or the need for FMLA leave. 

Medical Certifications Supporting Need for FMLA Leave  

Depending on the nature of FMLA leave sought, employees may be required to submit medical certifications supporting their need for FMLA-qualifying leave. There are three general types of FMLA medical certifications: an initial certification, a recertification, and a return to work/fitness for duty certification. 

Unlawful Acts by Employers 

FMLA makes it unlawful for any employer to: 

interfere with, restrain, or deny the exercise of any right provided under FMLA. 
discharge or discriminate or otherwise retaliate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

Enforcement 

An employee may file a complaint with the U.S. Department of Labor, Wage and Hour Division or may bring a private lawsuit against an employer. 
FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights.