Â鶹¾«Æ·ÊÓƵ

The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job‑protected leave during a 12‑month period for certain family and medical reasons. While on approved FMLA leave, employees are entitled to job protection and continuation of health insurance coverage under the same terms as if they had continued working.

Reasons That May Qualify for FMLA Leave

Eligible reasons for FMLA leave include:

• The birth of a child and care for the newborn within one year of birth
• Placement of a child for adoption or foster care and care for the newly placed child within one year of placement
• The employee’s own serious health condition
• Care for a spouse, child, or parent with a serious health condition
• Certain qualifying exigencies related to a family member’s covered military service

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Use of Paid Time Off During FMLA

FMLA leave itself is unpaid. However, employees may be able to use accrued paid time off (PTO)—such as sick or annual leave—during approved FMLA leave, in accordance with FAU’s attendance and leave policies. When paid leave is used, it runs concurrently with FMLA, allowing the employee to receive pay while the absence is designated as FMLA and job protection applies.

In some circumstances, Â鶹¾«Æ·ÊÓƵmay also require the use of accrued paid leave during FMLA leave, consistent with University policy.

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Am I Eligible for FMLA?

To be eligible for FMLA leave, an employee must meet all of the following requirements:

• Have worked for Â鶹¾«Æ·ÊÓƵfor at least 12 months (the months do not have to be consecutive)
• Have worked at least 1,250 hours during the 12 months immediately preceding the start of the leave
  • Only hours actually worked count toward this requirement
  • Paid leave (such as sick leave, annual leave, or holidays) does not count
• Have not exhausted their current FMLA entitlement

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What Qualifies for FMLA?

Standard FMLA Entitlement

Eligible employees may take up to 12 workweeks of leave in a 12‑month period for:

• Birth and bonding with a newborn child
• Adoption or foster care placement
• Care of a spouse, child, or parent with a serious health condition
• The employee’s own serious health condition
• Qualifying military exigencies related to a covered family member’s active duty

Military Caregiver Leave

Eligible employees may take up to 26 workweeks of leave in a single 12‑month period to care for a covered servicemember with a serious injury or illness, if the employee is the servicemember’s:

• Spouse
• Son or daughter
• Parent
• Next of kin

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Need Assistance?

If you have questions about FMLA eligibility, documentation, or the request process, please contact Employee Relations & Development.

Â鶹¾«Æ·ÊÓƵ provides Parental Leave to support employees following the birth, adoption, or foster placement of a child. Parental Leave is administered by Employee Relations & Development in accordance with Florida law and Â鶹¾«Æ·ÊÓƵAttendance & Leave policies and procedures.

Parental Leave is distinct from the Family and Medical Leave Act (FMLA); however, when applicable, Parental Leave and FMLA may be administered concurrently.

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Eligibility for Parental Leave

• Employees with one (1) or more years of continuous service with Â鶹¾«Æ·ÊÓƵ may be provided with up to six (6) months of unpaid Parental Leave when they become a biological, adoptive, or foster parent.
• During approved Parental Leave, eligible employees may use available accrued paid leave in accordance with Â鶹¾«Æ·ÊÓƵAttendance & Leave policies.
• Employees in their first year of employment are not eligible for Parental Leave under University policy. In limited circumstances, employees in their first year may request unpaid parental leave beyond their available leave balances with:
  • Appropriate medical or related documentation, and
  • Special approval from the Provost or Vice President.
• Approval in these cases is not automatic or guaranteed.

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Duration and Timing of Parental Leave

• Parental Leave:
  • May begin up to two (2) weeks prior to the expected date of the child’s arrival, and
  • Must be completed no later than six (6) months from the date of the child’s birth, adoption, or foster care placement.
• Parental Leave must be taken as a consecutive period of time.

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Use of Paid Leave During Parental Leave

• Parental Leave under University policy is generally unpaid.
• Employees on Parental Leave may use:
  • Up to six (6) weeks of paid sick leave during the period immediately following the birth of a child.
  • Additional accrued paid leave (such as annual leave), in accordance with Â鶹¾«Æ·ÊÓƵpolicy.
• Any portion of Parental Leave beyond the six‑week sick leave period may be covered by other accrued paid leave or may remain a period of unpaid leave.

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Interaction with FMLA

• When Parental Leave qualifies under FMLA:
  • FMLA leave for birth, adoption, or foster placement must be completed within twelve (12) months of the qualifying event.
  • FMLA leave will run concurrently with University Parental Leave, when applicable.
  • FMLA may not be used to extend the total period of Parental Leave beyond the University’s six‑month limit.
• If an employee elects to take available FMLA leave beginning after the first six (6) months following the birth, adoption, or foster placement of the child, the University’s six‑month Parental Leave policy will not apply.

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Notice Requirements

• Employees requesting Parental Leave must provide at least thirty (30) days’ advance notice prior to the start of the leave period, when practicable.