Family and Medical Leave
Purpose:
The Family and Medical Leave Act of 1993 was passed by Congress to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity; to minimize the potential for employment discrimination on the basis of sex by ensuring generally that leave is available for eligible medical reasons (including maternity-related disability) and for compelling family reasons; and to promote the goal of equal employment opportunity for women and men. back to top
Policy:
Family and Medical Leave (FMLA) provides up to 12 (or 26, as appropriate) workweeks of unpaid, job-protected leave in a 12-month period for one of the following qualifying reasons:
- Birth and care for a newborn;
- Care for an adopted or foster child;
- Care for a child, spouse, or parent with a serious health condition;
- A personal serious health condition that prevent the employee from performing one or more of the essential functions of the position;
- Because of any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent is a covered military member on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation; and,
- An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member shall be entitled to a total of 26 workweeks of leave during a single 12-month period (commencing on the on the date the employee first takes leave) to care for a covered service member who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment, recuperation or therapy; or otherwise in outpatient status; or on the temporary disability retired list.
All periods of paid leave or periods of leave without pay (including leave without pay while drawing short-term disability benefits) count towards the 12 (or 26, as appropriate) workweeks to which the employee is entitled. This includes leave taken under the Voluntary Shared Leave Policy. back to top
Who's Eligible?
Full-Time, Part-Time, Contract and Time Limited Faculty and Staff
- who have been employed for 12 months; and,
- have worked at least 1040 hours in the previous 12 months at NC State.
Note: 9 month faculty may also be covered under the Medical, Maternity and Parental Leave for Faculty with Academic Year Appointments policy. Benefits provided under the Medical, Maternity and Parental Leave for Faculty with Academic Year Appointments policy run concurrently with the 12 week allotment under the Family and Medical Leave policy.
Temporary Employees
- who have been employed for 12 months; and,
- have worked at least 1250 hours in the previous 12 months at NC State.
Post Docs
- who have been employed for 12 months; and,
- have worked at least 1250 hours in the previous 12 months at NC State.
FMLA Benefit Year
The 12-month period is measured forward from the date an employee first takes FMLA leave.
Ex. Employee takes FMLA leave beginning on March 15, 2009. They exhaust their entitlement of 12 weeks in July 2009. The employee will not eligible for another 12 weeks of FMLA leave until March 15, 2010.
back to top
Employee Responsibilities:
To request Family and Medical Leave, an employee must:
- Complete the Family and Medical Leave Request Form.
- Employees are required to submit forms to their Supervisor 30 days in advance of planned medical treatment or birth/adoption of a child. When advanced notification is not possible, employees should submit their paperwork as soon as possible.
- If the leave request is based on a personal illness, care for an injured servicemember, or illness of an immediate family member, have the treating physician complete the applicable Healthcare Provider Certification form.
- If the leave request is based on a need for qualifying exigency leave, please complete the Certification of Qualifying Exigency for Military Family Leave form and include all supporting documentation.
- If leave request is based on adoption or foster care, employee should submit official documentation outlining the adoption or foster care plan.
- Make a reasonable effort to schedule treatment so as not to disrupt the operations of your department.
- Notify your supervisor prior to the expiration of the leave if you will not return to work.
- Report to your supervisor at reasonable intervals with a status and intent to return.
- Prior to your return to work (for your own personal illness), provide a note from your treating physician that you are released to return to work.
*Advisory Note: Employees must follow the department’s usual and customary call-in procedures for reporting an absence. Failure to do so may result in denial of use of paid leave during your absence. back to top
Supervisor Responsibilities:
- If an employee is absent from work due to illness, please provide the Family and Medical Leave Request Form under the following circumstances:
- Employee has been absent from work for three or more calendar days;
- Employee has indicated that they are/were hospitalized related to an injury or illness;
- Employee has provided information that they will/are missing time due to their own health condition or that of a family member; or,
- You have information that the employee suffers from a chronic condition and has/will miss time due to that condition.
- If the employee is unable to complete the Family and Medical Leave Request Form due to their absence or illness, the supervisor/ leave coordinator may complete the form on behalf of the employee. Under employee signature, please insert “Unavailable to Sign.”
- The Supervisor should review and complete Section B of the Family and Medical Leave Request Form acknowledging that the request has been made. All forms should then be immediately forwarded to the Leave Administration Unit via fax and campus mail.
- Immediately notify the Leave Administration Unit if the terms of the employee’s leave or pattern of absences change.
- Ensure all FMLA leave that is taken intermittently is tracked and recorded in the Web Leave System.
- Ensure that all system actions have been properly entered into Peoplesoft.
- Ensure that the employee submits a return to work note at the conclusion of their authorized leave period and provide a copy of the return to work note to the Leave Administration Unit.
- Contact the Leave Administration Unit with any questions or issues that involve the FMLA leave. back to top
Use of Leave:
Family and Medical leave provides for 12 workweeks of unpaid leave. To remain in a paid status, an employee can substitute accrued leave to be used in conjunction with their FMLA entitlement. When an employee is on authorized FMLA leave, they can use leave in the following manner:
If leave is for: |
Then, the employee : |
Birth (applies to both parents) and child care after birth |
may choose to exhaust all or any portion of sick leave, and/or vacation/bonus leave, or go on leave without pay during the period of disability.
Only vacation/bonus or leave without pay may be used before and after the period of disability. |
Adoption |
may choose to exhaust available vacation/bonus leave (or any portion), a maximum of 30 days sick leave (see Sick Leave Policy), or go on leave without pay. |
Foster Care |
may choose to exhaust available vacation/bonus leave (or any portion) or go on leave without pay. |
Illness of Child, Spouse, Parent |
may choose to exhaust available sick and/or vacation/bonus leave, or any portion, or go on leave without pay. |
Employee’s Illness |
does not have the option of taking leave without pay if sick leave is available; however, the employee may use vacation/bonus leave in lieu of sick leave. If the illness extends beyond the 60-day waiting period required for short-term disability, the employee may choose to exhaust the balance of available leave or begin drawing short-term disability benefits. |
back to top
Guiding Policies and Other Resources
Human Resources Guiding Policy Disclaimer
Office of State Personnel, Family and Medical Leave
NC State
Forms
