Benefits

FMLA (Family and Medical Leave Act) is a federal act that requires employers to give job protection, job restoration, and continuation of health care benefits in the event the employee or the employee’s family member has a qualifying serious or chronic health condition.

A legal spouse, child, or parent (no in-laws) qualifies as a family member.

FMLA-eligible employees have 12 months of employment, have worked a minimum of 1250 hours in the past 12 months, and have not used all 12 weeks of FMLA status within a rolling 12-month period. This includes hourly, part time and full time employees. Department Heads and Key Officials are not eligible.

The employee, while using FMLA, is protected from loss of his job or disciplinary actions that are related to his FMLA status.  Any time away from the work while using FMLA cannot have an adverse effect on promotion considerations or job enhancements.

The employee, while using FMLA, cannot be moved to another job.  She must retain the same or essentially the same position.

FMLA can be paid leave (provided the employee has appropriate paid leave balances) or unpaid leave. If the employee chooses to be on leave without pay (LWOP) while using FMLA, the University will pay its portion of the health care premium. The employee will only be responsible for the portion not paid by the employer.

A serious health condition means illness, injury, impairment, or physical or mental condition that involves hospital care, absence plus treatment, pregnancy, or permanent or long-term conditions requiring supervision. The employee’s health care provider determines the serious health condition.

A chronic condition requires periodic visits for treatment, continues over an extended period of time, and may cause episodic rather than a continuing period of incapacity. The employee’s health care provider determines a chronic condition.

All employees have medical privacy. The employee is not required to reveal the specific medical condition.  If the serious or chronic condition is revealed, that information must be held confidential.

Yes, but only with the employee’s permission. FMLA allows the employer to seek a second opinion, but this must be coordinated with Human Resources

The employee should request FMLA when the employee has a serious and/or chronic condition, for birth/adoption or when the employee’s family member has a serious and/or chronic condition.  Filing for FMLA gives the employee job protection, job restoration, and the best chance for the employee to have the required 1250 work hours in the past 12 months.  (If the employee is using Short Term Disability or Worker’s Compensation benefits, that certified disability runs concurrently with the 12-week allotment under FMLA.)

Note:  Spouses Working For Same Employers

Spouses employed by the same agency are limited in the amount of family and medical leave they may take for the birth and care of a newborn child or the placement of a child for adoption or foster care to a combined total of 12 weeks.  Leave for birth and care, or placement for adoption or foster care, must conclude within 12 months of the birth or placement.

No. FMLA is a protected status for the employee. If the request for FMLA occurs after all leave is exhausted, the employee may not have worked the 1250 hours minimum in the past 12 months to qualify for FMLA.

The employee may request FMLA with the Employee Leave Request form. This request should be made in advance when possible or as soon as is practical.  FMLA information will be mailed to the employee, including a Medical Certification Form which should be completed by the Health Care Provider and submitted within 15 calendar days. If the employee does not provide Medical Certification within 15 calendar days, the employee forfeits FMLA status for this occurrence. The 15 calendar days may be extended for extenuating circumstances. The supervisor should call Human Resources before denying or delaying FMLA status.

FMLA may also be offered by the supervisor or employer. When an employee appears to have either a personal serious or chronic health condition (or has a family member with same), the supervisor should inform the employee that he may be eligible for FMLA job protection and advise him to contact Human Resources. The supervisor also notifies Human Resources to provide the employee with FMLA information and instructs the employee to have his health care provider complete the Medical Certification Form and submit it to Human Resources. The employee may refuse to file, but in so doing forfeits his FMLA rights. Call Human Resources for guidance.

FMLA begins on the date requested by the employee or on the date designated by the supervisor or employer as time away from the job for an FMLA reason. The employee may receive FMLA provisionally until the Medical Certification Form is received. The employee should provide the employer with Medical Certification within 15 calendar days. If the form is not received within 15 days, FMLA status could be delayed. The supervisor should call Human Resources before delaying or denying FMLA status.

Within two business days of the supervisor’s awareness of the reason for the absence, the supervisor should inform the employee that the time away can be designated as FMLA. This awareness may come from the employee’s statements or because the supervisor believes the employee is away from work due to a qualifying FMLA condition.

Yes. For example, the employee uses 2 weeks of FMLA for personal illness and submits Medical Certification. Later, the employee’s spouse requires care for 3 weeks for a qualifying FMLA condition and the employee submits Medical Certification. The employee has used 5 weeks and has a balance of 8 weeks for the remainder of the calendar year.

The Department of Human Resource Management (DHRM) has updated Policy 4.20 – Family and Medical Leave Act (FMLA).

Effective January 10, 2023, Policy 4.20 changes the 12-month measurement period from the fixed 12-month period to a rolling 12-month period.

For more detailed information, please review the

• FMLA Guidelines
• FMLA Procedures

For FMLA-related forms, please visit the forms page.

To be eligible for FMLA leave, you must have been employed by Mason or the Commonwealth or Virginia for at least 12 months (subsequent to any five-year break in service) and must have worked at least 1,250 hours during the 12-month period immediately before requesting the FMLA leave.

FMLA leave may be requested for:

• Care of the employee's child (birth, or placement for adoption or foster care) within the first twelve months of birth or placement.
• Care of the employee's spouse, child or parent who has a serious health condition.
• A serious health condition that makes the employee unable to perform his/her job. Accrued paid leave, such as annual leave or sick leave (as certified medically appropriate), may be substituted for unpaid leave,
• A qualifying exigency arising out of the employee's spouse, child, or parent being on active military duty or having been notified of an impending call to duty. Note: FMLA is extended to 26 workweeks (1040 hours) to care for a family member with a serious health condition when the spouse, children, parents, or "next of kin" is a covered service member and the health condition is incurred in the line of duty on active duty. This leave is only available once and is combined with all other FMLA leaves that year limiting FMLA for all purposes to 26 weeks during a 12-month period

Under FMLA regulations, the definition of "serious health condition" has been clarified to include inpatient care in a hospital or similar facility or continuing treatment by a health care provider. With continuing treatment, the period of incapacity must last for three consecutive calendar days. With respect to two chronic diseases, diabetes and asthma, the period of incapacity can be less than three days. Several conditions have been excluded from the definition of serious health condition: flu, common cold, upset stomach and routine dental problems. Stress by itself does not quality, but mental illness resulting from stress may be a serious health problem

Employees with an active FMLA claim may request donated annual leave. Please see DHRM Policy 4.35 for more information.

What is a rolling 12-month period?  

A rolling 12-month period looks back to the previous 12 months prior to the requested period of Family Medical Leave Act (FMLA) leave in determining the number of Family Medical Leave hours available.  

How are FMLA hours calculated?  

Benefits will calculate the amount of FML taken during the previous 12-month period; and determine the amount of FML available for the current request. 

How many FMLA hours are available to me?  

The amount of FMLA leave available to the employee is determined by the amount of FML taken during the previous 12-months. Each time an employee uses FML, the remaining unused balance of the 480 work hours is adjusted. 

Who can I contact if I have additional FMLA questions?  

Please send any FMLA questions to benefits@gmu.edu.