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FMLA - Eligibility

What are the eligibility requirements for FMLA Leave?

Eligible University employees are entitled to either the Basic Leave Entitlement or the Military Family Leave Entitlement. An eligible employee is an employee (appointed personnel, classified staff, student employee, or graduate assistant/associate) who:

  • Has been employed by the University for at least 12 months

The calculation of the 12 months of University employment is cumulative, encompassing work history across all employment categories (appointed personnel, classified staff, student employee, and/or graduate assistant/associate). Separate periods of employment will only be counted, provided that the break in service does not exceed 7 years, unless it was due to National Guard or Reserve military service obligations. Employment history can be viewed in UAccess Employee.

AND

  • Has worked at least 1,250 hours during the 12-month period immediately preceding the start of the FMLA leave

Paid and unpaid absences are not counted as hours worked. An employee returning from fulfilling a National Guard or Reserve military obligation will be credited with the hours of work that would have been performed during the period of military service had the employee worked for the University during that time. Hours worked are documented in the time records of UAccess Employee.


Calculating FMLA

Please use the FMLA Eligibility Calculator to assist with reviewing applicable work hours.

  • Employees may log-in to the FMLA Eligibility Calculator using their NetID and password to view their own information.
  • Designated Leave Coordinators may log-in to the FMLA Eligibility Calculator using their NetID and password to review specific departmental unit information, if they have been granted access by Human Resources.

For purposes of the basic FMLA entitlement, a "leave year" is a rolling 12-month period measured backward from the date the proposed FMLA leave is to begin. If the eligible employee used FMLA leave due to any basic leave reasons during the leave year, the 12 work week maximum is reduced by that amount and the remainder is available for use for the current FMLA leave request. Additional requests for FMLA leave for a basic leave reason move the date for calculating the 12-month leave year up to the date the subsequent FMLA leave is proposed to begin.

For purposes of the military family leave entitlement, the “single 12-month period” begins on the first day the eligible employee takes FMLA leave to care for the covered servicemember and ends 12 months after that date. FMLA leave for this reason is applied on a per-covered-servicemember, per-injury basis; however, no more than 26 work weeks of FMLA leave may be taken within a single 12-month period.

When the reason for requesting FMLA leave qualifies for both the military family leave entitlement and a basic leave entitlement, such as for a family member in the military, the leave must only be credited to the military family leave entitlement of 26 work weeks in a single 12-month period. If there are separate reasons for the use of the military family leave entitlement and the basic leave entitlement, the eligible employee is limited to a combined total of 26 work weeks during the single 12-month period provided that no more than 12 weeks of FMLA leave is for the basic leave qualifying reason.

Same Employer Limitation for Spouses

Eligible spouses who are both employed by the University and eligible for FMLA leave, may each use their individual balance of the basic leave entitlement; however both employees are limited to a combined total of 12 work weeks of FMLA leave in a leave year for the birth of the employees’ child and care of the newborn child, for adoption or foster care placement, or for the care of a parent with a serious health condition. Neither the University policy nor the FMLA covers care of a parent-in-law. Each employee may use their available balance of the military family leave entitlement; however both employees are limited to a combined total of 26 work weeks during a single 12-month period if leave is taken for the care of a covered servicemember with a serious injury or illness.

University’s FMLA Policies

Classified Staff Human Resources Policy 218.0/University Handbook for Appointed Personnel, Policy 8.04.06
Graduate Assistant/Associate Manual, Family and Medical Leave Act Policy
Student Employment Manual, Section IV. (K) Family and Medical Leave Act Policy