Family Medical Leave Act (FMLA)

Auburn University provides eligible employees job-protected leave for specified family and medical reasons. This policy is administered in accordance with the Family and Medical Leave Act of 1993 and all other applicable federal and state laws.

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 childbirth;
• 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 service member or covered veteran during a single 12-month period.

A covered service member 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 service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

A veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness is a covered veteran if he or she:

• was a member of the Armed Forces (including a member of the National Guard or Reserves);
• was discharged or released under conditions other than dishonorable; and
• was discharged within the five-year period before the eligible employee first takes FMLA military caregiver leave to care for him or her.*

* For a veteran who was discharged prior to March 8, 2013, the effective date of the FMLA Final Rule -- the period between October 28, 2009, and March 8, 2013 -- will not count towards the determination of the five-year period.  For example, if a service member retired on October 28, 2007, he or she would have had three years remaining of the five-year period on October 28, 2009. The family member requesting FMLA leave will have three years to begin military caregiver leave starting on March 8, 2013. Likewise, if a service member was discharged on December 1, 2010, the five-year period will begin on March 8, 2013, and extend until March 8, 2018.

Eligibility Requirements

Employees are eligible if they have worked for a covered employer for at least one year and for 1,250 hours during the previous 12 months.

FMLA and Childbirth

Checklist of procedures

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