FMLA Quick Training

Keep This in Mind

What to do:

  • You are eligible for FMLA if:

    • You have worked for at least 12 months for your employer (need not be consecutive), and have worked at least 1,250 hours in the previous 12 months.

    • You have experienced an FMLA qualifying event.

  • Qualifying event includes:

    • Birth, adoption, or foster care of a child.

    • Care of an employees’ family member due to a serious health condition.

      • Family members include the employee's spouse, child (natural, adopted, step, or foster), and parent.
    • The serious health condition of the employee, including continuing treatment. See Policy 351.2 (FMLA) for what defines continuing treatment.

    • (Military) Exigent Leave

    • Military Caregiver Leave

  • If the employee is eligible for FMLA leave, the employee is entitled to:

    • Employees are required to use their accrued sick and annual leave before the FMLA leave is unpaid. The employee is allowed to retain one week of annual and one week of sick if they wish to do so.

    • A total of 12 weeks of unpaid leave in a rolling 12 month period, which means you must have 12 months in between any FMLA leave taken to get the full 12 weeks again.

    • If qualified for Military Caregiver of FMLA, up to 26 weeks unpaid leave.

  • The supervisor only has a right to know that the employee qualifies for FMLA leave, and not the reasons.

    • Exception:

      • If the employee has a life threatening disease and the supervisor would need to know how to treat it in an emergency. Ex.: Epilepsy
      • If they suffer from contagious disease, so that the supervisor could protect themselves and others.
  • How to request FMLA leave:

    • Employee fills out the Request for FMLA form.

    • Supervisor signs the form.

    • Employee forwards it to the Office of Human Resources (UMC 8800).

  • When practicable, employees must give their supervisors 30 days notice of the need for FMLA leave.

  • If the employee qualifies for short term disability or workers compensation and FMLA, then the two will run concurrently.

  • See Policy 351.3 (FMLA) for provisions on pay during FMLA leave

  • USU will restore the employee to the previous position, or a position of equivalent status, seniority, and pay, after the FMLA leave.

  • For questions regarding benefits of employees during FMLA leave, contact HR.

  • It is critically important to stay in touch with Human Resources when dealing with FMLA.

Last Updated on 7/19/12

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