Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA), a federal law, provides employees with job protected leave when you take time off or a leave of absence for any of the following reasons:

• A serious health condition, either yours or a family member’s (spouse, domestic partner, child, or parent)
• Prenatal medical care or incapacity due to pregnancy and/or delivery
• Time to bond with your new baby or newly placed adopted or foster child
• Qualifying activities related to a family member’s military active duty
• A serious injury or illness of a family member who is a current member of the armed forces or a veteran

Macalester College determines when to designate a leave as “FMLA” based on the facts of each individual situation. When we know facts that indicate your leave of absence might be covered under FMLA, we are required to inform you of your rights under this law. You are responsible for providing enough information so that Macalester College can make the appropriate determination

Protections of FMLA Leave

For FMLA eligible employees, your job is held for up to 12 weeks in any rolling 12-month period. In the case of intermittent leave or a reduced work schedule, your job is held for the time equivalent to 12 weeks of the employee’s work schedule. 

An eligible individual returning to work following an FMLA leave is able to return to the same position or an equivalent one. The eligible individual is not guaranteed the actual position they held prior to the leave. An “equivalent position” means a job that is virtually identical to the original one in terms of pay, benefits, and other employment terms and conditions.

What FMLA is not

FMLA is not a type of accrued time off. You do not accrue FMLA leave or choose when to use it, like you do with vacation or sick time off. If your absence meets the criteria for FMLA-coverage, it will be designated as FMLA, even if you are using sick or vacation time. Hours considered as FMLA are unpaid hours but run concurrently with any paid leaves.

What is a serious health condition?

The most common serious health conditions that qualify for FMLA leave are:

• Conditions requiring an overnight stay in a hospital or other medical care facility.
• Conditions that incapacitate you or your family member; for example, inability to work for more than three consecutive days and have ongoing medical treatment (either multiple appointments with a health care provider, or a single appointment and follow-up care.
• Chronic conditions that cause occasional periods when you or your family member are incapacitated and require treatment by a health care provider at least twice a year.
• Pregnancy (including prenatal medical appointments, incapacity due to morning sickness, and medically required bed rest).

Am I eligible for FMLA?

Based on federal requirements, there are four requirements you must meet to determine whether you are eligible for FMLA protection.

1. Length of Service Requirement: Have worked at Macalester College for at least 12 months as of the start date of your requested leave of absence.
2. Hours of Service Requirement: Have worked at least 1,250 hours in the 12 month prior to the start date of your requested leave of absence.
3. Qualifying Reason Requirement: Reason for leave of absence needs to be a qualifying reason (serious health condition of self, spouse, child, parent, birth, adoption, foster placement, etc.)
4. 12-month Leave Entitlement Requirement: Your available leave entitlement has not been exhausted.

If you meet the four requirements above you qualify for FMLA coverage. If the answer is “no” to any of the questions, you do not qualify for FMLA-coverage for this particular leave of absence. You may, however, still be eligible for leave under state law or through a Macalester policy. The Human Resources department can help you assess your options.   

Your FMLA eligibility status can change over time. If you were denied FMLA coverage because you haven’t worked at Macalester College long enough or have used up your leave entitlement for the rolling 12-month period, you may be eligible when you need leave at a later date.

When should I notify AbsencePlus and my Manager about my need for leave?

Employees should notify AbsencePlus and their Manager at least 30 days prior to their foreseeable leave. If the employees leave is unforeseeable, notify each of them as soon as possible once the employee has identified their need for leave.