What is FMLA? Leave, as defined by the Family and Medical Leave Act (FMLA) of 1993, allows the employees excused absences from their workplace due to: the birth or legal adoption of a child, the employee's serious health condition, the serious health condition of a member of the employee's immediate family, leave due to a call to active duty or caregiver leave to care for a family member in the armed services who is recovering from an injury. An eligible employee may be entitled to up to twelve (12) work weeks or 480 hours of leave during any twelve (12) month period. An eligible employee may be entitled to up to twenty-six (26) workweeks of leave during any twelve (12) month period per service member and per injury or illness. The home institution's responsibility is to designate leave, paid or unpaid, as FMLA-qualifying. An institution has the right to designate any qualifying time off as FMLA leave, even if the time is not specifically requested as FMLA leave per se by the eligible employee. It is also the responsibility of the home institution to notify the employee that it has designated such leave as FMLA-qualified. Institutions should review employee absences of three days or more to determine whether such time should be designated as FMLA leave. Which employees are eligible for FMLA leave? An eligible employee is defined as any employee (including full-time, part-time, and temporary – whether salaried or hourly) of the University System of Georgia who has been employed by the University System of Georgia for at least twelve (12) months total (not necessarily the last twelve (12 months) and worked at least 1,250 hours during the twelve (12) month period immediately preceding the leave. What are the qualifying reasons for FMLA? • The employee's serious health condition, including an on-the-job injury or occupational disease covered by Worker's Compensation, causes the employee to be unable to perform their job functions (see definition of Serious Health Condition.) • The care of an immediate family member with a serious health condition • The birth and care of a newborn child • The legal placement of a child with the employee for adoption or foster care • A spouse, son, daughter, or parent being on active duty or having been notified of an impending call or order to active duty in the Armed Forces. Leave may be used for any "qualifying exigency" arising from the service member's current tour of active duty or because the service member is notified of an impending call to duty in support of a contingency operation. Employees and their spouses employed by the University System of Georgia are jointly entitled to a combined total of twelve work weeks of family leave for the birth and care of a newborn child for the placement of a child for adoption or foster care. Leave for these reasons must conclude within 12 months of birth or placement. What is considered a serious health condition? A "Serious Health Condition" means an illness, injury impairment, or physical or mental condition that will be determined by the treating physician who is completing the FMLA Medical Certification.
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