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The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons within a 12-month period. This period starts from the first day FMLA leave is taken. During this leave, group health insurance coverage will continue under the same terms and conditions as if the employee were still working.

Eligible employees are entitled to:

• 12 weeks (480 hours) of leave in a 12-month period for:

• • Birth and care of a newborn within one year of birth.

• • Adoption or foster care placement and care within one year of placement.

• • Care for a spouse, child, or parent with a serious health condition.

• • The employee's own serious health condition.

• • A child, spouse, or parent on active duty or notified of an impending call to active duty. Leave can be used for any "qualifying exigency" related to their service.

• 26 weeks (1,040 hours) of leave in a 12-month period to care for a covered service member with a serious injury or illness if the employee is the service member’s spouse, child, parent, or next of kin.

Eligibility Requirements

To be eligible for FMLA leave, in addition to having a qualifying reason, you must meet the following criteria:

• You must have been employed by the university or another State of Texas agency for at least 12 months, and
• You must have worked at least 1,250 hours in the 12 months immediately before the start of the leave.

How To Apply for FMLA

To apply for FMLA, submit the Family Medical Leave Request Form at least 30 days before the leave is to commence. When submission of the request 30 days in advance is not feasible, submit the request as early as possible. The employer reserves the right to deny or postpone leave for failure to give appropriate notice when such denial/postponement would be permitted under federal or state law. When the FMLA leave request is received, the leave specialist will contact the employee regarding the request and provide the necessary forms required to initiate a FMLA claim. The certification form from the healthcare provider must be submitted within 15 calendar days. Medical updates may be requested throughout the leave if necessary. If the leave needs to continue beyond 12 months, recertification may be required. FMLA runs concurrently with all other types of eligible paid leave.

Returning to Work

If the employee is absent due to a personal illness or injury, the employee is required to provide a return-to-work release to the Human Resources office prior to returning to work. This form must be completed by your health care professional.

The university is required to return the employee to the same or equivalent position and reinstate all benefits which the employee was eligible to receive before the FMLA leave occurred.