Military Exigency FMLA
FMLA is a law that protects an employee’s job when the employee needs to be away from work due to a qualifying exigency for military deployment. It entitles eligible employees of covered employers to take up to 12 work weeks of unpaid leave for any qualifying exigency arising from the foreign deployment of a spouse, son, daughter, or parent with the armed forces 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 EXIGENCY
Military Family Leave for any qualifying exigency arising from the foreign deployment of a spouse, son, daughter, or parent with the armed forces. These exigencies include childcare arrangements for a child of the deployed, certain military ceremonies and briefings, making financial or legal arrangements regarding the military member’s absence.
Department of Labor Military Family Leave Provisions Fact Sheet
Department of Labor Qualifying Exigency Leave 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.
EMPLOYEE RESPONSIBILITIES
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.
NURSING MOTHERS
- 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.