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Family and Medical Leave Act
The Family and Medical Leave 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.
FMLA Eligibility and Qualification Requirements:
Employees must qualify for leave under the FMLA before such leave can be granted; two criteria must be met:
Employees must have a total of at least 12 months of state service (excludes breaks in state service greater than seven (7) years, with the exception of military service); and
Must have physically worked 1,250 hours with the state within the 12 months prior to the need for FMLA leave.
Note: Student employees, wage employees, and faculty are eligible for FMLA leave if the above requirements are met.
Serious Health Condition, Defined:
An illness, injury, impairment or physical/mental condition that involves:
- An overnight stay in a hospital, hospice or residential medical care facility, including any period of incapacity or subsequent treatment in connection with the inpatient care; or
- Continuing treatment by a health care provider, including:
- incapacity of more than three consecutive full calendar days and any subsequent treatment or period of incapacity relating to the same condition that involves treatment two or more times by a health care provider; and
- treatment that results in a regimen of treatment under the provider’s supervision. Examples of a continuing regimen of treatment include physical therapy relative to the condition and prescribed medication.
January 2009 Amendment
The Family and Medical Leave Act was amended effective January 16, 2009 in response to comments and responses to proposals from the general public. Among other items, the revision included two additional leave entitlements referred to as “Military Family Leave Provisions”. Employees and administrators may read
here to learn about the changes affect FMLA leave administration at Texas A&M University.
Training Information
The information below is designed to give employees and management an opportunity to learn about the Act and is required reading for those who register to attend FMLA workshops sponsored by Human Resources. Upon reading this information, you may choose to "test" your knowledge of the FMLA. The test section will cover the basics of the FMLA and will illustrate the highlights and important areas of the law.
We encourage you to take the test after you have reviewed the information provided:
FMLA Procedures and Instructions
Departments must follow proper notification and documentation procedures when administering FMLA leave. Eligible employees have responsibilities as outlined, such as maintaining appropriate contact with their respective departments and providing sufficient documentation to verify FMLA eligibility.
FMLA Packet of Information
Download the following forms to have a complete packet of FMLA information to give to your employees. Please arrange your packet in the order given below:
- Cover Letter to Employee
- Employee Rights Under the Family and Medical Leave Act
- Employee Rights Under the Family and Medical Leave Act - Spanish Version
- TAMU Certification of Physician or Practitioner form
- Employee’s Position Description (if FMLA leave is for employee’s own health condition)
- Military Family Leave Forms (Important: Use only if employee is requesting military exigency or caregiver leave)
Additional Information
