Family and Medical Leave

• Action: Employees must inform HR and their supervisor of the need for FMLA leave as early as possible, preferably 30 days before the intended start date if foreseeable (e.g., planned surgery).
• Policy Reference: Advanced notice enables HR to assess eligibility and plan for coverage, ensuring minimal disruption.

• Criteria: HR verifies FMLA eligibility based on (1) a minimum of 12 months of employment and (2) at least 1,250 hours worked in the past year.
• Outcome: Eligibility confirmation permits up to 12 weeks of protected, unpaid leave for specific reasons, including serious health conditions, care for family members, or military-related needs.

• Action: The employee provides medical certification to substantiate the need for FMLA leave. If additional documentation is required, HR will notify the employee, who must respond within 7 days.
• Policy Purpose: This step ensures FMLA is granted appropriately, protecting both the employee’s rights and the university’s compliance with federal regulations.

• Paid Leave: FMLA leave runs concurrently with any available paid leave, such as vacation or sick leave, allowing employees to receive pay during this protected period. Employees must first use any available accrued paid leave before taking unpaid FMLA leave.
• Sick Leave Pool: If all paid time off is exhausted and additional leave is needed for an extended serious illness, employees may apply for the sick leave pool. Eligibility depends on availability within the pool and meeting health condition criteria.
• Policy Benefit: This provision ensures that employees can utilize paid options to maintain income while on FMLA leave, minimizing financial strain during significant health or family-related events.

• Return-to-Work Certification: Before returning, employees may need to submit a return-to-work certificate verifying they are medically fit to resume their duties.
• Job Protection: Upon return, employees are entitled to their original position or an equivalent one, maintaining status, pay, and benefits.
• Policy Impact: This ensures workplace safety and compliance with FMLA, supporting both employee health and organizational stability.

To be eligible for FMLA, the employee must have at least one year of State Service and must have worked 1250 hours in the year preceding the request for FMLA.

Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves may take time off to address personal needs such as:

• Attending military Events
• Arranging for alternative childcare
• Certain financial and legal arrangements
• Attending counseling sessions
• Attending post-deployment reintegration briefings

Medical Certification: Qualifying Exigency for Military Family Leave

FMLA also includes a special leave entitlement that permits employees to take leave to care for a covered service member. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of active duty.

Please make sure that all sections are completed, any missing information might delay the approval process. 

Medical Certification: Serious Injury or Illness of Covered Service Member for Military Family Leave

You must follow your department’s procedure for requesting and reporting time away from work. If possible, discuss your leave plans with your manager before your leave. If you were not able to provide notice in advance, contact your manager as soon as possible. Ask your manager how often s/he wants you to call in to provide an update. 

Let the Human Resources office know when you intend to return to work. You will be required to present a Return to Work Certificate before starting to work. 

Once you have used all your paid leave and have missed at least 80 hours of work due to a catastrophic illness or injury you may qualify for sick leave granted through sick leave pool. Sick leave pool hours can only be used after approval received from HR. An application for sick leave pool to support your absence from work is required. 

If you run out of leave before the sick leave pool application and/or medical certification form is provided it will result in a leave without pay status. 

Your sick leave pool application will be processed upon receipt of your completed medical certification form and will take effect after you have exhausted all earned paid leave.

The links below will provide the relevant certification of health care provider for a serious health condition.  Both the employee and a medical provider will need to complete their assigned sections.  Complete forms need to be returned by email to leave@tamucc.edu.

• Medical Certification Form (Med Cert)
• Covered Service Member for Military Family Leave
• Veteran for Military Caregiver Leave
• Qualifying Exigency for Military Family Leave

A template return to work certificate is available for employees to request from their medical provider.  

• Return to Work Certificate

• Sick Leave Pool Application

Required Posters

• Department of Labor FMLA Poster

Information for New Mothers

• Information for New Mothers

• You must notify your supervisor and HR at least 30 days in advance if the need for leave is foreseeable. If it's an emergency, notify as soon as possible.
• HR will coordinate with you to obtain the appropriate medical certification forms. 

• If your paid time off is exhausted, you may be eligible to apply for the Sick Leave Pool, if you meet the eligibility requirements.

• To be eligible, you must have worked for the university for at least 12 months and logged 1,250 hours of work within the last 12 months.

• Yes, FMLA leave runs concurrently with any paid time off, such as vacation or sick leave. This means your paid time off will be used during the FMLA leave period.

• Yes, FMLA leave can be taken intermittently for qualifying conditions, such as ongoing medical treatments or care for a family member. You’ll need to coordinate with HR for this type of leave.

• Yes, your job is protected under FMLA. Upon return, you are entitled to return to your original position or an equivalent one with the same benefits and pay.

• Scenario: An employee is pregnant and requires time off for medical appointments and childbirth recovery. The employee requests FMLA leave 30 days before their expected delivery date, providing medical certification. They use their paid leave concurrently with FMLA leave, and once paid leave is exhausted, they apply for the Sick Leave Pool. Based on the medical certification form, they are entitled to return to their job after the approved time allocated not to exceed 12 weeks. 

• Scenario: An employee needs surgery for a knee replacement and anticipates being off work for 6 weeks. The employee provides a doctor’s note and submits an FMLA request 30 days prior to the procedure. The employee uses their accrued paid leave and FMLA leave concurrently. If additional leave is required, the employee may apply for the Sick Leave Pool for continued pay during recovery.

• Scenario: An employee has a chronic condition (e.g., asthma) that requires periodic flare-ups and medical treatment. They request intermittent FMLA leave to manage appointments and flare-ups. The employee coordinates with HR to ensure that each instance of leave is properly documented. FMLA leave runs concurrently with their paid leave, ensuring they are paid during their time off.