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Family and Medical Leave Act

Family and Medical Leave (FMLA) Employee Information

The Family and Medical Leave Act (FMLA) allows faculty and staff to take up to 12 weeks of unpaid leave per calendar year when you are unable to work because of a serious health condition for yourself or a qualified family member. It may also be used for the birth, placement, or adoption of a newborn child, but must be taken within one year of the event.

If you have available annual or sick leave to cover all or part of your FMLA leave period, you can choose to use that leave instead of taking unpaid leave.

Eligibility

To qualify for FMLA leave, you must be a faculty or staff member that has been employed for at least 12 months and worked for at least 1,250 hours during the 12 months prior to the date your FMLA leave would begin.

The qualified family members you are allowed to use this leave for are your spouse, children under the age of 18 (or older if certified as incapable of self-care because of a mental or physical disability) and your parents.

How to Apply

Employee Procedure for Requesting FMLA for Leave Earning Employees:

  • Request FMLA through the Human Resource office. You must complete a medical certification (completed ONLY by a Health Care Provider) or other required supporting documentation (based on the reason for the need for leave under FMLA).
  • Send your request directly to the Human Resource Department (Benefits Coordinator-Jasmine Gilliard) for review. You will receive a notification regarding the approval, denial, or the need for additional information (typically within 5 business days upon receipt).

Required Supporting Documentation

Choose which type of leave you are requesting to determine which certification and/or other type of supporting documentation you need to submit with your request.

To Care for a Military Family Member

  • To request military leave for foreign deployment of your spouse, son, daughter, or parent, complete the Military Qualifying Exigency form.
  • To request leave to care for a family member who is a current service member with a serious injury or illness, complete the Military Caregiver Leave of a Current Service Member form.
  • To request leave to care for a family member who is a covered veteran with a serious injury or illness, complete the Military Caregiver Leave of a Veteran form.

Absence Types

Annual Leave

  • FMLA

Accrued annual leave taken for an approved Family Medical Leave Act (FMLA) absence. Reasons include for the birth and/or bonding with a new child, serious health condition of an employee, serious health condition of a family member and military caregiver. Annual Leave and FMLA will run concurrently. *All applicable sick leave must be used prior to using annual leave and the use of annual leave under the FMLA is optional. You may take up to 30 days of annual leave per calendar year, to include all annual leave types, unless an exception is approved. 

  • Worker's Comp/FMLA

Accrued annual leave taken for purposes of compensation when you miss work due to a Worker’s Comp covered injury for which you have approved FMLA. FMLA and Worker’s Comp run concurrently.

  • Adoption/FMLA

Accrued annual leave taken for purposes of caring for an adopted child after placement. Eligibility expires 12 months after the date of adoption or placement. You may take up to 30 days of annual leave per calendar year, to include all annual leave types, unless an exception is approved.

Sick Leave

  • FMLA

Accrued sick leave taken for an approved Family Medical Leave Act (FMLA) absence for the serious health condition of an employee. Sick Leave and FMLA will run concurrently. *All applicable sick leave balances must be used under the FMLA. You may take up to 12 weeks per calendar year to include all FMLA leave types.

  • Family Sick Leave

Accrued sick leave taken for an approved Family Medical Leave Act (FMLA) absence for the serious health condition of an employee’s family member. Family Sick Leave and FMLA run concurrently. *All applicable sick leave must be used under the FMLA. You may take up to 10 days per calendar year.

  • Worker's Comp/FMLA

Accrued sick leave taken for purposes of compensation when you must miss work due to a Worker’s Compensation covered injury, have elected to use your leave, and have been approved under the FMLA. FMLA and Worker’s Comp run concurrently. You may take up to 12 weeks per calendar year to include all FMLA leave types.

Paid Parental Leave (PPL)

PPL shall not be used before the qualifying event. If you require leave before the birth, adoption, or foster care placement due to medical reasons or to fulfill legal obligations, other available leave balances shall be utilized per the agency’s leave policy.

For full-time and part-time (FTE) employees, leave taken for the adoption, birth, or foster care placement must occur on or after October 1, 2022. Employees in research grant (RGP), temporary, or time-limited (TL) positions are not eligible.

 Six weeks of paid leave at 100% of the eligible state employee’s base pay or two weeks of paid leave at 100% of the eligible state employee’s base pay. Leave for part-time eligible state employees must be on a prorated basis corresponding to the percentage of hours they are normally scheduled to work.

Medical Certification Form Procedure

Step 1:

  • Complete the Employee Section of the Medical Certification Form and give the form to your healthcare provider or your family member's healthcare provider.
  • Submit the completed form to the SCSU Benefits Office. Medical certification information is private and confidential and should be submitted directly to your SCSU Benefits Office or your campus HR Office.

Step 2:

  • Leave earning employees: All leave requests should be submitted to your SCSU Benefits Office or your HR office.
  • Non-leave earning employees: Complete leave request form (LWOP) and the medical certification form and submit to your HR department.

Step 3:

Benefits Office Responsibility

  • Upon receipt of the Medical Certification Form, the Benefits Office will send you a notice of approval, provisional approval, or denial to your email on file within five business days.