Savanna Hoffman
Student employees, graduate assistants, and professionals-in-training are eligible for FMLA leave, provided they meet the eligibility requirements. These requirements include having worked at least 12 months for their employer and 1,250 hours in the 12 months preceding the leave. FMLA leave is unpaid and allows eligible employees to take up to 12 weeks off work for reasons such as the birth of a child, caring for a family member with a serious health condition, or the employee's own serious health condition.
| Characteristics | Values |
|---|---|
| Who is eligible for FMLA leave? | Temporary employees, student employees, graduate assistants, professionals-in-training, and employees with proper medical certifications. |
| What are the eligibility requirements? | 12 months of employment at the University, 1,250 hours worked in the 12 months preceding the leave, and employment in a location where the company employs 50 or more employees within 75 miles. |
| What are valid reasons for taking FMLA leave? | Birth and care of a newborn child, placement of a child for adoption or foster care, care for an immediate family member with a serious health condition, pregnancy, and medical leave due to an employee's own serious health condition. |
| Is FMLA leave paid or unpaid? | FMLA leave can be unpaid or used concurrently with employer-provided paid leave. |
| What are the employer's responsibilities during FMLA leave? | Employers must provide equivalent pay and benefits, continue group health benefits, and restore employees to their original or equivalent job upon their return. |
| What are the employee's rights during FMLA leave? | Employees are protected from interference, restraint, or denial of FMLA rights, and employers are prohibited from retaliating against employees for filing complaints. |
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What You'll Learn
- Student employees, graduate assistants, and professionals-in-training are eligible for FMLA leave
- FMLA leave is unpaid but can be used with paid leave
- Employers must reinstate employees to the same or equivalent positions after FMLA leave
- FMLA applies to public and private elementary and secondary schools
- FMLA eligibility: 12 months' employment and 1,250 hours worked in the preceding 12 months
Student employees, graduate assistants, and professionals-in-training are eligible for FMLA leave
It is important to note that if an individual has been employed by the University for at least 9 months and has provided an average of 20 hours or more per week, but has not been employed for the full 12 months, they are not eligible for FMLA leave. An employee must meet both eligibility requirements to qualify.
Additionally, if a student employee's appointment expires during their FMLA leave, their employment will be terminated, and their leave will end on the last day of their appointment. This is because once a temporary employee's appointment expires, they are no longer considered an employee and are therefore not eligible for leave.
Overall, while student employees, graduate assistants, and professionals-in-training can be eligible for FMLA leave, they must meet the necessary eligibility requirements, and their leave may be impacted by changes in their employment status.
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FMLA leave is unpaid but can be used with paid leave
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave per year. It is applicable to all public agencies, public and private elementary and secondary schools, and companies with 50 or more employees. To be eligible for FMLA leave, employees must have worked for their employer for at least 12 months and 1,250 hours in the preceding 12 months. Student employees, graduate assistants, and professionals-in-training are also eligible for FMLA leave if they meet these requirements.
While FMLA does not provide paid leave, employees can choose to substitute accrued paid leave for unpaid FMLA leave. This means that the employee receives pay according to their employer's paid leave policy while still being protected by the FMLA. This is applicable in cases where the employee is taking leave for an FMLA-qualifying reason, such as the birth or care of a child, adoption, or a serious health condition.
It is important to note that FMLA leave is job-protected, meaning that employers cannot give away an employee's job or place them in a significantly different position upon their return. Additionally, employees must continue to receive health benefits during their FMLA leave.
Some states have their own paid leave programs, and employees may be entitled to benefit payments from the state government while on FMLA leave. It is worth checking state and company policies to understand the options available for paid leave during FMLA-protected absences.
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Employers must reinstate employees to the same or equivalent positions after FMLA leave
Student employees, graduate assistants, and professionals-in-training are eligible for FMLA leave, provided they meet the eligibility requirements. These include having worked for their employer for at least 12 months and having worked at least 1,250 hours in the 12 months immediately preceding the commencement of the leave.
The FMLA provides eligible employees with job-protected leave for qualifying family and medical reasons. Employees must be reinstated to their same or equivalent positions after FMLA leave. This means that the position must offer the same shift or general work schedule, be at a geographically proximate worksite, involve the same or substantially similar duties, responsibilities, and status, include the same general level of skill, effort, responsibility, and authority, and offer identical pay and benefits.
Employers are required to continue group health insurance coverage for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave. This includes maintaining family member coverage during the employee's FMLA leave. Additionally, employees may take FMLA leave in lieu of working required overtime hours, and employers must not discriminate against workers who need to use FMLA leave when selecting employees for required overtime.
Employees who believe their rights under the FMLA have been violated can contact the Wage and Hour Division (WHD) for assistance. The WHD prohibits employers from interfering with, restraining, or denying the exercise of FMLA rights, retaliating against employees for filing complaints, or cooperating with the WHD.
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FMLA applies to public and private elementary and secondary schools
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave. FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees.
FMLA applies to both instructional and non-instructional employees of public school boards and public or private elementary and secondary schools. Instructional employees are those whose main job is to teach and instruct students in a class, a small group, or an individual setting. Special rules apply to employees of elementary and secondary schools when they take FMLA leave near the end of an academic term. In such cases, the employer may transfer the employee temporarily to an alternative job with equivalent pay and benefits that accommodate recurring periods of leave better than the employee's regular job.
Employees are eligible for FMLA leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Student employees, graduate assistants, and professionals-in-training are eligible for FMLA leave, provided they meet the eligibility requirements. Time spent as a student employee can be combined with time employed in any other employee group to fulfill the eligibility requirement of at least 12 months of employment and 1,250 hours worked, as long as all employment has been within the same institution.
FMLA leave may be taken for the birth and care of a newborn child, the placement of a child for adoption or foster care, to care for an immediate family member with a serious health condition, or to take medical leave when the employee is unable to work because of their own serious health condition. Employees with proper medical certifications may use FMLA leave in lieu of working required overtime hours. FMLA leave can be taken all at once or, when medically necessary, in separate blocks of time or by reducing the time worked each day or week.
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FMLA eligibility: 12 months' employment and 1,250 hours worked in the preceding 12 months
The Family and Medical Leave Act (FMLA) provides eligible employees with job-protected leave for family and medical reasons. Employees are entitled to 12 weeks of FMLA leave in a 12-month period. To be eligible, employees must have worked for their employer for at least 12 months and completed 1,250 hours of service in the preceding 12 months. This 12-month period does not need to be consecutive. For example, an employee who has worked for nine months and then takes nine months of military service will be eligible for FMLA upon their return.
The 1,250 hours of service must be hours actually worked for the employer. This includes any combination of civilian and military service. Paid and unpaid leave do not count towards the 1,250 hours. Employees can take FMLA leave all at once or, when medically necessary, in separate blocks of time or by reducing their daily or weekly hours.
Student employees, graduate assistants, and professionals-in-training are eligible for FMLA leave, provided they meet the 12-month employment and 1,250-hour requirements. Temporary employees are also eligible if they have worked for at least 12 months over the last seven years and completed 1,250 hours in the preceding 12 months.
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Frequently asked questions
Student employees, graduate assistants, and professionals-in-training are eligible for FMLA leave, provided they meet the eligibility requirements of 12 months of employment and 1,250 hours worked in the 12 months preceding the leave. FMLA leave is unpaid, but an employee may choose to substitute accrued paid leave for unpaid FMLA leave.
Employees are eligible for FMLA leave if they have worked for their employer for at least 12 months, have at least 1,250 hours of service in the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles.
Your employer is prohibited from interfering with, restraining, or denying the exercise of FMLA rights. If your employer retaliates against you for engaging in any legally protected activities, you should contact the Wage and Hour Division (WHD) immediately.
