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Human Resources > Employee Relations > FMLA

Family Medical Leave Act (FMLA)

Basic Leave Entitlement:

FMLA requires employers to provide up to 12 weeks of unpaid, job-protected leave to Eligible Employees for the following reasons:

  • For incapacity due to pregnancy, prenatal medical care or child birth;
  • To care for the employee's child after birth, or placement for adoption or foster care;
  • To care for the employee's spouse, child (son or daughter), or parent, who has a Serious Health Condition; or
  • For a serious health condition that makes the employee unable to perform the employee's job.

Military Family Leave Entitlement:

Eligible employees with a spouse, son, daughter, or parent on active duty or call for active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious illness or injury incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

Eligibility Requirements:

Employees are eligible if they have worked for a covered employer for at least one year and for 1250 hours over the previous 12 months.

Actions by Employee:

Action Forms
Apply for FMLA due to Employee's Serious Health Condition WH380E HR8
Apply for FMLA due to Family Member's Serious Health Condition WH380F HR8
Apply for Military Family Leave based on addressing certain Qualifying Exigencies of a family member in the National Guard or Reserves who is on active duty or is called to active duty. WH384 HR8
Apply for Military Family Leave for employee who is the spouse, child, parent or Next-of-kin of a covered servicemember who is recovering from a serious illness or injury sustained in the line of duty on active duty. WH385 HR8

Actions by Employer:

Action Form
Respond to an employee's request for FMLA benefits WH381
Designate leave as FMLA WH382

FMLA and Childbirth:

Checklist of procedures

AU FMLA Policy:

Click here

Forms:

  • WH380E - Certification of Health Care Provider for Employee's Serious Health Condition
  • WH380F - Certification of Health Care Provider for Family Member's Serious Health Condition
  • WH381 - Notice of Eligibility and Rights & Responsibilities
  • WH382 - Designation Notice
  • WH384 - Certification of Qualifying Exigency for Military Family Leave
  • WH385 - Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave
  • WH385V - Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave
  • HR8 - Report and Application for Leave

Poster:

  • WH1420 - Employee Rights and Responsibilities Under FMLA