Family Medical Leave Act

The Family and Medical Leave Act (FMLA) is a benefit that allows qualified employees to receive 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 seven 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.

Supervisor Responsibilities

• Understanding and complying with FMLA and system leave policies.
• Recognizing when an employee’s absence may fall under FMLA.
• Directing your employee to contact your departmental Leave Coordinator to provide information regarding next steps.
• Understanding that the employee’s responsibility is to inform you of the need for an absence but not specifics to the need for the absence.
• See additional information for FMLA Supervisor Responsibilities.

Employee Responsibilities

• Provide adequate notice, if possible, when needing FMLA leave designation.
• Submit an FML consultation request to meet with Engineering Human Resources.
• Provide completed physician or practitioner certification (due 15 calendar days from receipt).
• Provide medical re-certification if required.
• See additional information below FMLA Employee Responsibilities.

Departmental Leave Coordinator Responsibilities

• Coordinate with employee to ensure they request a consultation with Engineering Human Resources.
• File completed physician or practitioner certification, or other documentation required in the employee’s confidential medical file (separate from the employee’s personnel file).
• Continue to run the All Worker Time Off report to check for possible FML situations.
• 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.
• See additional information below FMLA Leave Coordinator Responsibilities.

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 Sept. 1.

Engineering Human Resources will coordinate with Departmental Leave Coordinators to identify those individuals’ needing recertification and updated paperwork.