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| Family Leave Act (FMLA) FAQs |
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What is Family Leave?
Family Leave is a leave of absence from employment for a period of up to twelve weeks (60 work days) during a defined twelve-month period.
The twelve weeks are prorated for eligible employees working less than full time.
What qualifies as Family Leave?
The following events qualify as Family Leave:
- Birth and child care of an employee’s biological child during the child’s first year of life [referred to as well-baby care]
- Adoption or foster care placement and care for the infant/child in his/her first year following adoption or placement [referred to as well-baby care]
- Serious illness or health related, disabling condition of a spouse, dependent child or parent
- “Serious health condition” of the employee
How can Family Leave be taken?
Family Leave can be taken continuously, on a reduced schedule or intermittently.
Who is eligible?
In order to be eligible for Family Leave, you must have:
- Worked for the university for at least one (1) year prior to commencement of leave. However, the time does not need to be consecutive or full-time.
- Worked a minimum of 1,000 hours in the year immediately preceding leave for the birth and child care of an employee’s biological child during the child’s first year of life; or for the adoption or foster care placement of a child; or for care of the employee’s spouse, child or parent with a serious health condition.
- Worked a minimum of 1,250 hours in the year immediately preceding the leave for a leave for your own serious health condition.
What is the definition of a family member?
Child is defined as the biological, adopted or formally placed, foster care child, step child or legal ward of the employee requesting leave and under eighteen years of age or eighteen years and over but certifiably incapable of self-care due to mental or physical impairment.
Spouse is defined as the legally recognized, married partner of the employee requesting leave.
Parent is defined as the biological or legally recognized parent of the employee requesting leave. Parent also includes parents-in-law.
What is a serious health condition?
A serious health condition is defined as an illness, injury, impairment or physical or mental condition that requires inpatient care or continuing treatment by a health care provider. Continuing treatment by a health care provider includes the following:
- a period of incapacity requiring more than three (3) consecutive days’ absence from work and continuing treatment by a health care provider
- any period of incapacity due to pregnancy or pre-natal care
- continuing treatment by a health care provider for a chronic or long-term condition that if not treated would likely result in incapacity for more than three days
- continuing treatment by or under the supervision of a health care provider of a chronic or long term condition or disability that is incurable
- any period of absence to receive multiple treatments related to a condition which could be serious if left untreated
Your doctor (or the doctor of your parent, child or spouse) will be asked to fill out a medical certification attesting to the serious health condition.
How is Family Leave charged?
When taking Family Leave for your own serious health condition* or to care for a parent, spouse or child, your sick time runs concurrently with Family Leave. You are required to use your sick time. If you exhaust your sick time you have any of the following options:
- Elect to use vacation and/or personal time
- Go unpaid
If you are on leave because of your own serious health condition and you exhaust your sick time you can apply to the state for Short-term Disability (STD). See Patricia Lawrence in HR/Benefits for details.
If taking a Family Leave to care for a newborn or for the adoption and/or foster care placement, you can either take the leave unpaid or elect to use vacation and/or personal time.
It is very important that timesheets accurately reflect Family Leave time. Family Leave codes are as follows:
185 Family Leave/Sick
186 Family Leave/Vacation
187 Family Leave/Administrative
188 Family Leave/Floating Holiday
189 Family Leave/Unpaid
*AFSCME members only – sick time runs consecutively with Family Leave when taking leave for the employee’s own serious health condition. Therefore, AFSCME members are required to exhaust their sick time before being placed on Family Leave. When taking a leave to care for a parent, spouse or child, sick leave runs concurrently with Family Leave.
What do I need to do to initiate Family Leave?
If the leave is foreseeable (this includes births and planned medical treatment), you must provide at least 30 days notice to your manager and Human Resources through written (preferred) or verbal notice.
If the leave is unforeseeable, you must provide as much notice as possible as soon as practicable.
An employee’s leave may be preliminarily designated by NJIT as Family Leave if it meets Family Leave requirements even though the employee is not requesting Family Leave. The employee will be notified in writing of this determination and a letter, policy and medical certification will be mailed to the employee’s home. The employee will have 15 days to return the completed medical certification to Human Resources in order for the leave to be officially validated. Failure to return the medical certification within the 15 day period may cause a delay and/or denial in processing the leave.
Does my doctor need to fill out any forms?
Yes. In order to be placed on validated Family Leave for your own serious health condition or a family member’s serious health condition, a medical certification must be completed by your doctor or your family member’s doctor.
No medical certification is required for well-baby care.
I am on Family Leave for my own serious health condition. Do I need to provide Human Resources with any documentation prior to returning to work?
Yes. You must provide Human Resources with a return to work note from your doctor stating the exact day you may return to work and that there are no restrictions.
Is Family Leave confidential?
Family Leave is a strictly confidential matter between you and the Human Resources Family Leave administrator only. If you choose to tell your manager or co-workers, that is your prerogative. Reasons for your leave will not be discussed with anyone else.
Your medical information is kept in a medical file which is separate from your personnel file.
Can Family Leave be charged retroactively?
No, Family Leave is effective as of the notification date received by Human Resources.
For this reason, it is important to notify Human Resources as soon as possible, especially if you know that you may need to be out on leave in advance of taking the leave.
Are my health benefits maintained while on leave?
Yes, your health benefits are maintained while on Family Leave.
Is my job protected under Family Leave/Can Family Leave be used against me?
Family leave cannot be used against you in any way. The employee will be returned, at the university’s discretion, to his/her same position or an equivalent position with equivalent pay and benefits unless the employee would have been terminated in the absence of any leave (i.e. layoff, contractual non-reappointment or natural term expiration of a terminal or temporary position of employment.)
Why is it necessary to notify my manager and Human Resources?
Notifying your manager and Human Resources is essential to Family Leave being handled appropriately and in a timely manner.
Who should I contact?
Chevanese Samms at 973-596-5572 or via e-mail: chevanese.l.samms@njit.edu
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