FAMILY MEDICAL LEAVE ACT (FMLA)
Consistent with the provisions of the federal Family and Medical Leave Act (FMLA) of 1993, an eligible employee may be entitled to up to twelve (12) work weeks of leave during any twelve (12) month period. An eligible employee is defined as any employee (including part-time and temporary) 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) worked, and;
- worked at least 1,250 hours during the twelve (12) month period immediately preceding the leave.
The University System of Georgia uses a “rolling” 12-month period (rather than a fixed calendar, fiscal, or academic year) to determine eligibility for, and availability of, leave time under FMLA. The 12-month period during which twelve weeks of family leave may be taken shall begin on the first day such family leave is taken. For example, if family leave begins August 1, 2002, the 12-month period is from August 1, 2002 until July 30, 2003.
An employee generally has a right to return to the same position, or an equivalent position in terms of pay, benefits, and working conditions. Certain “key employees” may be denied job restoration if they are among the highest-paid 10% of employees and if such denial is necessary to prevent substantial and grievous economic injury to the operations of the University.
Leave under FMLA may be taken for one or more of the following reasons:
- The employee's own serious health condition, including an on-the-job injury or occupational disease covered by Worker's Compensation, which causes the employee to be unable to perform the functions of his or her job (see definition of “serious health condition” on page 3 of the FMLA Medical Certification form (PDF 57k)
- 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 out of 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.