FMLA

The Family and Medical Leave Act (FMLA), a federal law, entitles eligible employees of covered employers to take unpaid job-protected leave for specified family and medical reasons, with the continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. FMLA can be used for the following reasons:

• A serious health condition, either yours or a family member’s
• Prenatal medical care or incapacity due to pregnancy and/or delivery
• Time to bond with your new baby or newly placed adopted or foster child
• Qualifying activities (exigencies) related to a family member’s military active duty
• A serious injury or illness of a family member who is a current member of the armed forces or a veteran

Utah State University determines when to designate leave as FMLA based on the facts of each situation. When we know facts that indicate your leave of absence might be covered under FMLA, we are required to inform you of your rights under this law. You are responsible for providing sufficient information for USU to make the appropriate determination.

FMLA is not accrued time off. You do not accrue FMLA leave or choose when to use it, like you do with vacation or sick time. If your absence is eligible for FMLA coverage, it will be designated as such, even if you are using accrued paid time off.

Am I eligible?

Based on federal requirements, we use a two-question assessment to determine whether you are eligible for FMLA protection.

Question 1: Have you worked for Utah State University for at least 12 months as of the start date of your requested time off or leave of absence?

The 12-month requirement includes your time working for the university. Prior service is generally not counted if you had a break in service that lasted more than seven years.

Question 2: Have you worked for Utah State University for at least 1250 hours in the 12 months prior to your first day of leave?

The 1250 hours must be actual worked hours.

If you are eligible for overtime, your overtime hours count toward the 1250 hours. But paid and unpaid time off except military leave do not count toward the 1250 hours.

If your FTE has been 0.6 or less in the previous 12 months, you probably have not worked the required 1250 hours.

Eligible

If the answer is “yes” to those two questions, you may qualify for FMLA coverage,

• Your absence is for an FMLA-qualifying reason
• You haven’t already used up your 12-week entitlement (as of the start date of your leave of absence)

Not eligible

If the answer is “no” to either or both questions, you do not qualify for FMLA coverage for this particular request. You may, however, still be eligible for leave under university policy. Your HR leave specialist can help you assess your options.

Your FMLA eligibility status changes over time. If you were denied FMLA coverage because you haven’t worked at USU long enough, or have used up your leave entitlement for the 12-month period, you may be eligible when you need leave at a later date.