Family FMLA

FMLA is a law that protects an employee’s job when the employee needs to be away from work due to a family member’s medical condition. It entitles eligible employees of covered employers to take up to 12 work weeks of unpaid leave for specified family’s medical needs, 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.

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.

  • 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.

REQUEST FML HERE

FMLA CHECK LIST

  • Notify Supervisor
  • Request FMLA
  • Submit certification form to doctor
  • Return certification form to HR
  • Follow HR instructions

NMSU FMLA FAQ*

Supervisor Resources

Supervisor Guide to FMLA

Leave Tracking Form

Office of Institutional Equity

Administrative Rules and Procedures (ARP)

Questions about FMLA?

Contact us at fmla@nmsu.edu
US Dept of Labor Website
Family and Medical Leave Act poster
Employee's Guide to FMLA

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.
  • If on block leave, the employee is required to provide a return to work letter from their doctor prior to returning.

IN LOCO PARENTIS

In Loco Parentis is defined a person who has assumed the parental role with day-to-day responsibilities or financial support for a child. The Department of Labor state the factors to determine this title include:

  • the age of the child,
  • the degree to which the child is dependent on the person,
  • the amount of support, if any, provided, and
  • the extent to which duties commonly associated with the parenthood are exercised.

Department of Labor In Loco Parentis Fact Sheet

CHILD OVER THE AGE OF 18

An employee may not take FMLA to care for their son or daughter who is 18 years of age or older unless the child is incapable of caring for themselves because of a mental or physical disability.

Department of Labor Fact Sheet for “Son or Daughter” 18 years or older

FORMS

FAMILY MEDICAL CERTIFICATION FORM

DECLARATION OF RELATIONSHIP

INTERMITTENT LEAVE REPORT