FMLA is a law that protects an employee’s job when the employee needs to be away from work due the birth (including prenatal care) or placement for adoption/foster care of the employee’s child. It entitles eligible employees of covered employers to take up to 12 work weeks of unpaid leave for themselves for the birth or placement of their child, with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. More information regarding FMLA can be found on the Department of Labor website.

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Upon return from FMLA leave, an employee must be restored to his or her original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. An employee’s use of FMLA leave cannot be counted against the employee under a “no-fault” attendance policy. Employers are also required to continue group health insurance coverage for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave. For more information, visit the Department of Labor website at http://www.dol.gov/whd/regs/compliance/whdfs28a.htm.

• While using available accrued leave, all enrolled benefits will continue for the employee and covered dependents. Premium costs will continue to be paid by both the employee and the employer at the normal rate.
• If the employee is placed on Leave without Pay, the employee will need to coordinate payment for continued benefit premiums with the Benefit Services department. The employee will only be responsible for the employee portion of the premium. The university will continue to pay the employer portion of the premium while the employee is on approved Family and Medical Leave.

• Contact Benefit Services after the birth of your baby.
• Provide NMSU with the documents provided to determine FMLA eligibility.
• Follow all department call-in procedures and ensure your supervisor is aware your time away from work is part of your FMLA approved time.
• Employee must provide supervisor and Benefit Services with a 30-day notice of any foreseeable leave needed. When the need for leave is unexpected, the employee must provide notice of leave as soon as possible and practical. Benefit Services may request a reason for the delay and may delay the FMLA leave until 30 days after the date that the employee provides the notice.
• If on Intermittent or Reduced Schedule FMLA Leave employee must provide a monthly leave report. (See forms for Intermittent leave report forms).
• The employee may, but is not required to monitor his/her NMSU email for the purpose of forwarding any communications received to appropriate staff for response or action in the employee’s absence. We recommend the employee activate his/her “Out of Office” function on his/her email, or some other mechanism, to re-direct the sender to the appropriate contact during the employee’s absence to ensure continuity of business operations.
• Employee will need to make arrangements with their timesheet or leave report approver for continued submission within payroll deadlines of their timesheet or leave report for the period they will be away from work.
• Employee has 31 days from the birth or adoption placement of their baby to include them in insurance coverage, must include; a copy of an official hospital-issued Proof of Birth form with mother’s name and the baby’s name. A copy of the child’s birth certificate upon receipt, within 3 months of the child’s birth or placement documentation.
• If both parents are employees at NMSU, they are not required to split the 12 workweeks of FMLA, NMSU allows both parents to utilize 12 workweeks each.
• Mothers who are returning to work within 6 weeks from having their baby is required to submit a return to work letter from their doctor.

FMLA leave for the birth, foster, or adoption of a child would be approved as block leave. To request intermittent or reduced schedule, you would need to work with your supervisor on a schedule that works for you and your department, that schedule will need to be signed by your supervisor.

New Mexico State University is a caring community.  By providing nursing parent spaces, NMSU aligns work/life philosophy to support students, staff and faculty as they pursue the integration of classes, work and family/personal life.

Additionally, the nursing spaces will assure privacy of the user.

Please contact the Office of Institutional Equity for nursing room availability.

DEPARTMENT OF LABOR NURSING MOTHER FACT SHEET

BENEFIT ENROLLMENT/WAIVER FORM

BIRTH CERTIFICATION OR ADOPTION FORM

ADOPTION PLACEMENT CERTIFICATION

INTERMITTENT LEAVE REPORT