FAMILY AND MEDICAL LEAVE ACT (FMLA) Eligibility
An employee will be eligible to seek unpaid leave under the Family and Medical Leave Act (FMLA) if (1) the employee has worked for the University for at least 12 months, (2) the employee has worked for the University for at least 1,250 hours during the 12 months before the leave and (3) at least 50 employees work at the same worksite or otherwise work within a 75-mile traveling distance from the employer’s worksite. In certain circumstances, separate periods of employment are aggregated for the purposes of the 12-month requirement. Additionally, any time that the employee would have worked for the University but for his/her National Guard or Reserve obligations is counted toward the 1,250-hour requirement for FLMA Leave. Types of Family and Medical Leaves For purposes of this policy, the term “FMLA leave” refers to the leaves of absence under the Family and Medical Leave Act. Employees may qualify for various types of FLMA leave. Throughout this policy, the term “FMLA leave” refers to any of the following t ypes of leaves:
Pregnancy Leave - An employee may take a Pregnancy Leave due to incapacity due to pregnancy, prenatal medical care or childbirth.
Birth, Adoption, and Bonding Leave - An employee may take leave for the birth, adoption and bonding for his/her child after birth, or for placement with the employee of a child for adoption or foster care. The leave must be completed within 12 months of the child’s birth, adoption or foster care placement. Family Illness Leave - An employee may take leave for a family illness to care for a seriously ill or injured spouse, parent or child. The illness or injury must be a “serious health condition” within the definition of the FMLA, a term which is defined below. If the leave is for care of a child, the child must either be under age 18 or unable to care for himself/herself due to a mental or physical disability.
Employee Illness Leave - An employee may take leave because of his/her own serious health condition that makes the employee unable to perform his/her job.
Qualifying Exigency Leave - An employee may take a qualifying exigency leave for certain “qualifying exigencies” arising out of the fact that the employee’s spouse, child of any age, or parent is on active duty (or has been notified of an impending call to active duty) in support of certain types of military operations, known as “contingency operations.” The family member must be a member of the National Guard or one of the military’s reserve units or a retired member of the regular armed forces or the Reserves. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, attending post-deployment reintegration briefings and any other circumstance that the University and the employee agree should be a qualifying exigency and as to which they agree about the timing of the leave for that event.
Military Caregiver Leave - An employee may take a military caregiver leave to care for a spouse, child of any age, parent or next of kin who is a current member of the Armed
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