What is FMLA?

The U.S. Department of Labor’s Employment Standards Administration, Wage and Hour Division, administers and enforces the Family and Medical Leave Act (FMLA) for all private, state and local government employees, and some federal employees. FMLA became effective on August 5, 1993, for most employers. FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons.

The Texas A&M University System uses the fiscal year as the 12-month period.

The law contains provisions on employer coverage, employee eligibility for the law’s benefits, entitlement to leave, maintenance of health benefits during leave, job restoration after leave, notice and certification of the need for FMLA leave, and protection for employees who request or take FMLA leave. The law also requires employers to keep certain records.

Employees must use accrued sick leave, to the extent they qualify, approved sick leave pool and vacation as part of the FMLA leave (Note: Employees receiving temporary disability or workers' compensation benefits are not required to use all accumulated leave. Additionally, sick leave pool is not available for employees who are out on workers' compensation).  If paid leave is exhausted before the end of the 12-week period, unpaid leave will be granted for the rest of the FMLA period.