Family and Medical Leave Act (FMLA)
Under the Family Medical Leave Act (FMLA), the university is required to provide up to twelve weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons.
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.
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
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 email@example.com.