TEES

Family Medical Leave Act

The Family and Medical Act (FMLA) is a benefit that allows qualified employees to have up to 12 weeks of leave per fiscal year. The law allows eligible employees to take job-protected leave for the birth or adoption of a child, for the care of a child, spouse or parent with a serious health condition, for the employee's own serious health condition, or for the care of a covered military service member. If the employee meets the eligibility requirements, they must use their available paid leave first, then unpaid leave. FMLA runs concurrently with all paid and unpaid leave.

FMLA Eligibility

  • 12 months of total state service
  • excludes a break in service of 7 or more years
  • worked at least 1,250 hours during the past calendar year

FMLA Leave Types

  • employee's own serious health condition
  • serious health condition affecting child, spouse or parent
  • birth or adoption of child or foster care placement
  • Military Family Leave; referred to as caregiver or exigency leave

Employee Responsibilities

  • provide adequate notice, if possible, when needing FMLA leave designation
  • provide completed physician or practitioner certification (due 15 calendar days from receipt)
  • provide medical re-certification if required

Division Leave Administrator Responsibilities

  • provide FMLA packet to employee

Packet Includes: Completed Division Memo, System Regulation 31.03.05, Your Rights Under FMLA and Department of Labor Fact Sheet

Include in Packet as Applicable: Physician or Practitioner Certification, FMLA Exigency Leave Form or FMLA Military Caregiver Form

  • coordinate with employee to ensure they provide completed physician or practitioner certification or other documentation required
  • file completed physician or practitioner certification or other documentation required in the employee's confidential medical file (separate from the employee’s personnel file)
  • establish periodic reporting schedule
  • notify Engineering Human Resources if employee resigns before returning from FMLA leave
  • obtain return to work release from employee, if leave is for their own serious health condition

Recertification for New Fiscal Year

Texas A&M Engineering administers the Family Medical Leave Act (FMLA) on a fiscal year basis.  As a result, an employee will need to requalify for FMLA benefits should the need for family and medical leave continue, on a continuous or intermittent basis, into the new fiscal year which begins September 1. 

FMLA Eligibility

  • worked at least 1,250 hours during the 12-month period prior to the need for leave

Employee Responsibilities

  • provide adequate notice in the new fiscal year of the first FMLA-related absence
  • provide medical re-certification if required
  • provide completed physician or practitioner certification (due 15 calendar days from receipt)

Division Leave Administrator Responsibilities

  • determine FMLA eligibility by calculating hours worked from the first FMLA related absence in the new fiscal year (must be at least 1,250)
  • provide written notice to employee as to the FMLA eligibility and the necessary documentation required
  • complete the Recertification FMLA New Fiscal Year Memorandum form and provide the completed form to the employee within 5 business days of the initial related absence in new fiscal year
  • recertification will be applicable if the first related FMLA event occurs in the months of September or October; otherwise, the standard FMLA packet should be provided 

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