FMLA is a law that protects an employee’s job when the employee needs to be away from work due to their own serious health condition or that of a family member, for the birth (including prenatal care) or placement for adoption/foster care of the employee’s child, or for a qualifying exigency for military deployment. It entitles eligible employees of covered employers to take up to 12 work weeks (26 for military exigency) of unpaid leave for themselves or specified family and medical reasons 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.

ELIGIBILITY

Those eligible are all employees who have been employed at the University at least 12 months (need not be consecutive); and who have worked at least 1,250 hours for the university during the 12-month period immediately preceding the commencement of the leave.

PAID LEAVE OPTIONS

• 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.

FMLA LEAVE TYPES

Block Time Leave: Block leave is a continuous period-of-time away from work when medically necessary. The employee has a specific leave start and return date, based on the documentation presented by the health care provider or other appropriate authority. The return to work requires a written release from the physician for the employee’s own health condition.

Intermittent Leave: Intermittent leave is separate blocks of time due to a single qualifying reason when medically necessary.

Reduced Schedule Leave: Reduced schedule leave reduces the employee’s usual number of working hours per workday or workweek. A reduced leave schedule is a change in the employee’s schedule for a period-of-time when medically necessary.

REQUEST FMLA 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