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Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a benefit that allows qualified employees to have up to 12 weeks of unpaid 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.  Employees on leave for the birth or adoption of a child have 31 days to add the baby to their BCBS insurance.

Although FMLA leave is unpaid leave, an employee may be able to use their paid leave accruals (sick leave, annual leave, etc.) to continue to be paid while on FMLA leave. If the FMLA leave is related to childbirth, there is a difference in how paid leave is handled for mothers and fathers.

  • A mother’s length of recovery and use of sick leave is based on medical documentation while she recovers.  If the mother exhausts her own accrued leave, she may be eligible for Sick Leave Pool for her recovery from childbirth.
  • NEW! HR Generalists: A non-birthing parent is permitted 5 (five) days of sick leave when the mother delivers the baby. The non-birthing parent can use annual/vacation leave or unpaid time off after using 5 (five) days of sick leave. Sick leave accruals cannot be used for bonding time. If there are complications at birth with either the mother or the baby, the non-birthing parent may obtain updated medical documentation that verifies the serious health condition, and additional sick leave may be approved. If both the mother and non-birthing parent are employees of Texas A&M University, they will share a total of 12 weeks of FMLA and may share unpaid FMLA leave however they choose.

The documentation of FMLA leave in Workday requires two entries.  The first leave entry entered in Workday is for FMLA and the second leave entry for the same day/time is the specific type of paid leave or unpaid leave.

Resources:

FMLA Eligibility and Qualification Requirements

Employees must qualify for leave under the FMLA before such leave can be granted; two criteria must be met:

  • Must have a total of at least 12 months of state service (employment periods preceding a break in service of more than seven [7] years are not required to be counted); 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.

Military Family Leave (Exigency Leave)

Eligible Texas A&M University employees may use FMLA leave for "exigency" time off resulting from a family member's having been called to active duty. The expansion also provides eligible employees with more than the normal 12 weeks of FMLA benefits (referred to as "caregiver leave") to care for a covered service member who is suffering from an injury or illness while on active duty. 

Military Family Leave Forms ( important: use only if employee is requesting military exigency or caregiver leave).  Completed forms should be returned to your HR Professional.

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 Resources HR Professionals and Administrators

The Family and Medical Leave Act Administration Manual contains:

  • Flowchart of entire FMLA process
  • Forms and instructions
  • Important deadline information

FMLA Notices

A. Notice of Eligibility & Rights and Responsibilities under the Family and Medical Leave Act. Download the following forms to provide to your employees. Please arrange them in the order listed below:

  1. Notice of Eligibility & Employees Rights
  2. Include one of the following forms based on the employee's situation:
  3. Employee's Position Description - required if the leave is for the employee's own health condition
B. Designation Notice under the Family and Medical Leave Act. Download and complete the FMLA Designation Notice form to designate FMLA leave.

NEW! HR Generalists: HR generalists may now send FMLA information, including the full packet, via email. This method speeds up the process and eliminates the cost of certified mail. Read the procedures for emailing FMLA information. 

The Genetic Information Nondiscrimination Act (GINA)

Important: GINA prohibits Texas A&M University from acquiring genetic information from its employees. Administrators and Human Resources Liaisons must take steps to ensure that such information is not received. For additional information regarding GINA, visit Genetic Information Nondiscrimination Act.

Additional Information

Contact HROE Leave Administration at Leave@tamu.edu or (979) 862-4027 for questions about FMLA.