Military Care FMLA

FMLA is a law that protects an employee’s job when the employee needs to be away from work to care for a covered servicemember with a serious injury or illness. It entitles eligible employees of covered employers to take up to 26 workweeks of unpaid leave 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.

MILITARY CARE LEAVE

Military Care Leave provides employee with up to 26 workweeks in a single 12-month period to care for a covered servicemember with a serious injury or illness. Servicemember must be a spouse, son, daughter, parent or next of kin. A serious injury or illness is one that the suervicemember sustained while in the line of duty on active duty that may cause the servicemember to be medically unfit to perform their duties or a previous injury or illness that became aggravated while in the line of duty or active duty.

Department of Labor Military Caregiver Leave for a Current Servicemember Fact Sheet

Department of Labor Military Caregiver Leave for a Veteran Fact Sheet

Department of Labor Military Family Leave Provisions Fact Sheet

USE OF PAID ACCRUED LEAVE

  • FMLA leave periods will run concurrently with any accrued paid leave taken.
  • Employees approved to take leave for FMLA purposes must use accrued sick leave for conditions involving themselves and qualified dependents as defined in the Act.  (See ARP 8.45)
  • Faculty Members who accrue Faculty Care leave must use FCL. (See ARP 8.42 )
  • Accrued annual leave for purposes of the FMLA may only be taken when available accrued sick leave is exhausted.
  • If accrued leave is not available, the employee will be placed on leave without pay.

JOB RESTORATION AND HEALTH BENEFITS

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.

EMPLOYEES RESPONSIBILITIES

  • 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 capable, try to schedule future appointments outside working hours.
  • 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.

FORMS 

MILITARY CAREGIVER MEDICAL HEALTH CERTIFICATION

MILITARY CAREGIVER DECLARATION OF RELATIONSHIP

INTERMITTENT LEAVE REPORT




 
This is a summary description of benefits available to eligible New Mexico State University employees. This information does not set a contractual commitment of benefits.NMSU reserves the right to interpret, change, modify, amend, or rescind these guidelines in whole or in part at any time without the consent of employees. If you have questions concerning benefits, please contact the Benefit Services department.

Contact Benefit Services: Benefits is a division of HR Services located at Hadley Hall, Room 17 | MSC 3HRS Ph: 575.646.8000 | Email: benefits@nmsu.edu