• What is the Family and Medical Leave Act?
• Who is eligible?
• What can I use the FMLA for?
• How does the FMLA benefit an employee?
• Do I have to use available leave time, such as vacation and sick leave, while on FMLA?
• What notification is the employee required to give?
• Who do I contact in Human Resources about the FMLA?
• How often can I take leave under the FMLA?
• What if my spouse also works for the UT System?
• What if I am not eligible for leave under the FMLA?
• What is the Parental Leave Act?
• What happens to my job?
• What if I am out longer than twelve weeks?
• Are there other circumstances in which my employer can deny me FMLA leave or reinstatement to my job?
• Do I have to take the full twelve weeks all at once?
• What if I am a participant of "UT Flex Dependent Care Reimbursement Account?
• What if I have other questions?

What is the Family and Medical Leave Act?

The Family and Medical Leave Act (FMLA) is federal legislation designed to provide eligible workers with unpaid job protected leave for their own illness or injury, or that of a spouse, child or parent.

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Who is eligible?

Employees are eligible if they have worked a period of 12 months and 1250 hours with their employer during the year preceding the start of the leave. Employees are entitled up to twelve (12) weeks of unpaid job protected leave.

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What can I use the FMLA for?

Your absence will be designated as FMLA for the following: Birth of a child and care or bonding after such birth; placement in your home of a child for adoption or foster care; serious health condition of employee or serious health condition of spouse, child or parent of employee.

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How does the FMLA benefit an employee?

The FMLA not only provides for job protection, but also provides that an employee's premium sharing benefits will continue while the employee is on FMLA. Call 458-4258 for additional benefits questions.

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Do I have to use available leave time, such as vacation and sick leave, while on FMLA?

Yes. The State of Texas Government code 661.912, Family and Medical Leave Act, "the employee must first use all available and applicable paid vacation and sick leave while taking leave under this section, except that an employee who is receiving temporary disability benefits or workers' compensation benefits is not required to firs use applicable paid vacation or sick leave while receiving those benefits."

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What notification is the employee required to give?

Generally an employee must provide 30 days advance notice when possible to the department of the need to take leave, or as soon as possible. Employees must provide a Physicians Statement of their medical status or that of their qualified family member, within 15 days of an employers request. The Physicians's Statement must include the effective date of leave and anticipated duration of the leave.

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Who do I contact in Human Resources about the FMLA?

If an employee is absent for three or more days, or is anticipating an absence for three or more days due to their illness or injury,(including pregnancy), or the illnes of a qualified family member, they and the department should contact Human Resources at 458-4031. The designated Human Resources staff member will ask you questions about your illness or reason for taking leave and send you the paperwork you will need to complete and return as soon as possible.

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How often can I take leave under the FMLA?

You can take up to twelve (12) weeks in a twelve-month period. The twelve-month period begins the first time you take FMLA leave. For purposes of parental bonding, the leave must be completed within 12 months of the birth of a newborn, adoption or placement of a foster child.

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What if my spouse also works for the UT System?

For purposes of an injury or illness you and your spouse are entitled up to twelve (12) weeks each of unpaid job protected leave.

For purposes of parental bonding with a newborn, adopted or foster child, you and you spouse are entitled to a combined twelve (12) weeks of unpaid job protected leave.

For example:

Wife: Normal Childbirth - 6 weeks FMLA for 'own' medical & 6 weeks FMLA for Bonding

and

Husband: - Bonding - 6 weeks

or

Wife Complicated C-section - 8 weeks FMLA for 'own' medical & 4 weeks FMLA for Bonding

and

Husband: - Bonding - 8 weeks

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What if I am not eligible for leave under the FMLA?

If you do not meet the eligibility requirements for FMLA, you will have to request a Leave of Absence from your department head. A Leave of Absence request will be considered on a case-by -case basis, with consideration given to the business needs of the department. You may also be eligible for leave under the State of Texas Parental Leave Act.

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What is the Parental Leave Act?

The Parental Leave Act is state legislation, which provides employees with up to twelve (12) weeks of unpaid job protected leave only for the following: bonding with a newborn, adopted or foster child under the age of three. There is no service requirement for taking leave under this act. The notification and certification requirements are the same as those for the FMLA.

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What happens to my job?

Your job will be protected for up to twelve (12) weeks during a twelve-month period. When an employee is ready to return to work after taking FMLA or Parental Leave (under the Parental Leave Act), the employee is entitled restoration to the same position held when the leave started, or to an equivalent position with equivalent pay.

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What if I am out longer than twelve weeks?

If you are out longer than twelve weeks, and the department determines that due to the business needs of the department they can no longer hold your position open, they may fill the position. You will be contacted prior to the end of your FMLA entitlement and advised to submit a request for Leave of Absence for any time beyond the twelve weeks.

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Are there other circumstances in which my employer can deny me FMLA leave or reinstatement to my job?

In addition to denying reinstatement in certain circumstances to "key" employees, employers are not required to continue FMLA benefits or reinstate employees who would have been laid off or otherwise had their employment terminated had they continued to work during the FMLA leave period as, for example, due to a general layoff.

Employees who give unequivocal notice that they do not intend to return to work lose their entitlement to FMLA leave.

Employees who are unable to return to work and have exhausted their 12 weeks of FMLA leave in the designated "12 month period" no longer have FMLA protections of leave or job restoration

Under certain circumstances, employers who advise employees experiencing a serious health condition that they will require a medical certificate of fitness for duty to return to work may deny reinstatement to an employee who fails to provide the certification, or may delay reinstatement until the certification is submitted.

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Do I have to take the full twelve weeks all at once?

The FMLA provides an employee the ability to take leave in increments of days / weeks / months. You will be required to furnish a statement from your physician or that of your relative for any intermittent leave requirements.

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What if I am a participant of "UT Flex Dependent Care Reimbursement Account?

If you are a participant in the “UT Flex Dependent Care Reimbursement Account”, the following are not eligible expenses, according to IRS Publication 503:

• Payments for care while you are off work because you are on a leave of absence
• Payments for care while you are off work because you are on maternity or other medical leave
• Payments for care while you are off work because you are on vacation
• Payments for care while you are off work due to illness

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What if I have other questions?

Please contact Human Resources at (210) 458-4031, or by fax at (210) 458-4644. You may also contact Annette Rabago at (210) 458-4031.

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