Family and Medical Leave Act (FMLA)

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FMLA Eligibility Requirements

The Family and Medical Leave Act (FMLA) entitles eligible employees who work for covered employers to take unpaid, job-protected leave for specified family and medical reasons, with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Eligible employees may to take up to 12 weeks of medical and or family leave within a 12 month period if

• they have worked for TCU at least 12 months and
• must have worked at least 1,250 hours during the 12 months prior to the start of FMLA leave.

When can an eligible employee use FMLA leave?

Eligible employees may take leave for one of the following family and medical reasons:

• The birth of a son or daughter or placement of a son or daughter with the employee for adoption or foster care;
• To care for a spouse, son, daughter, or parent who has a serious health condition;
• For a serious health condition that makes the employee unable to perform the essential functions of his or her job; or
• For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.

FMLA can be taken two ways - Continuous and/or Intermittent. 

The Continuous FMLA period is based on the period of incapacity (up to 12 weeks/single block of time) as designated on the medical certification by the attending physician.

The Intermittent FMLA period ends when the equivalent of 12 weeks is exhausted or twelve month from the begin date is reached, whichever is sooner. This means that leave is taken in separate blocks of time for a single qualifying reason.  It is also determined by information provided on the medical certification.

 

Start Here:

The Employee Rights and Responsibilities pamphlet explains that eligible employees of covered employers have a right to take job-protected leave for qualifying events without interference or restraint from their employers and without being retaliated against for exercising or attempting to exercise their FMLA rights. An eligible employee has the right to have group health insurance maintained during a period of FMLA leave under the same terms and conditions as if the employee had not taken leave and has the right to be restored to the same or an equivalent position at the end of the FMLA leave.

Important Definitions Within the Family Medical Leave Act

Spouse – in accordance with applicable state law and includes common law marriages.

Parent – biological and individuals who acted as your parent.

Child – includes biological, adopted, and foster children, stepchildren, legal wards under the age of 18 or older if incapable of self care.

Serious health condition – any illness, injury, impairment or physical or mental condition which involves:

1. Any incapacity or treatment in connection with inpatient care.
2. Any incapacity requiring absence from work for more than three calendar days and continuing treatment by a health care provider.
3. Continuing treatment by a health care provider of a chronic or long term condition which is incurable.

More details on Definitions of a Serious Health Condition.

Healthcare provider – includes licensed MD, DO, podiatrists, dentists, and clinical psychologist authorized to practice in the state, nurse practitioners and nurse midwives authorized under state law and Christian Science practitioners.

Inability to perform job functions – an employee who is unable to work at all or unable to perform any of the essential functions of the position. Does not include marginal functions of the position.