Family Medical Leave for Faculty and Staff

An eligible employee who is the spouse, child, parent, or next of kin of a covered servicemember may use up to 26 workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness

Covered servicemember means: 

• A current servicemember or 
• A veteran 

Current servicemember means: 

• A current member of the Armed Forces, including members of the National Guard or Reserves 
• Undergoing medical treatment, recuperation, or therapy, or is in outpatient status, or is on the temporary disability retired list  
• For a serious injury or illness  

For a current servicemember, a serious injury or illness is an injury or illness incurred by the servicemember in the line of duty while on active duty in the Armed Forces or that existed before the beginning of the member's active duty and was aggravated by service in the line of duty while on active duty in the Armed Forces, and that may cause the servicemember to be medically unfit to perform their military duties.  

Veteran means: 

• A veteran of the Armed Forces, including veterans of the National Guard or Reserves,  
• Who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness, and  
• Who was recently discharged – that is, within the previous five years before the employee first uses FMLA leave for the veteran’s care. 

For a veteran, a serious injury or illness is an injury or illness incurred in the line of duty while on active duty in the Armed Forces, including any injury or illness that resulted from the aggravation of a preexisting condition in the line of duty while on active duty. Additionally, the injury or illness must have made the veteran medically unfit to perform their military duties, or it must be an injury or illness that qualifies the veteran for certain benefits from the Department of Veterans Affairs or substantially impairs the veteran’s ability to work. 

Length of Caregiver Leave:

• Federal FMLA – Up to 26 workweeks of leave in a single 12 month period
• State FMLA – Up to 26 workweeks of leave in a single 12 month period

An eligible employee may use up to 12 workweeks of FMLA leave for certain reasons, known as qualifying exigencies, when their spouse, child, or parent is on covered active duty or under an impending call to covered active duty. 

Covered active duty means:   

• For a member of the Regular Armed Forces, duty during deployment with the Armed Forces to a foreign country, or  
• For a member of the National Guard or Reserves, duty during deployment with the Armed Forces to a foreign country under a call or order to active duty in support of a contingency operation.  

Deployment to a foreign country means deployment to areas outside of the United States, the District of Columbia, or any territory or possession of the United States. It also includes deployment to international waters. 

Qualifying exigencies include, but are not limited to: 

• Making childcare arrangements for the military member’s child,  
• Attending certain military ceremonies and briefings, or  
• Making financial or legal arrangements to address a military member’s absence. 

Length of Exigency Leave:

• Federal FMLA – Up to 12 workweeks of leave in a single 12-month period
• State FMLA – Up to 12 workweeks of leave in a single 12-month period

Leave Management

301-405-0001

umdleave@umd.edu

What does the Family and Medical Leave Act provide?

The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of job protected unpaid leave during a defined 12-month period.

What is job protected leave?

Job protected leave ensures an eligible employee will be restored to the same position they held immediately prior to their FMLA leave or an equivalent position with the same pay, benefits, and terms and conditions of employment assuming the employee returns to work prior to or immediately after exhausting their FMLA leave entitlement. Eligible employees shall also remain eligible for all of the health care benefits they enjoyed immediately prior to the start of their FMLA leave.

What is considered a serious health condition under the FMLA?

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

• Serious health condition requiring an overnight stay in a hospital or other medical care facility;
• Serious health condition that incapacitates you or your immediate family member (for example, unable to work or attend school) for more than three consecutive days that requires ongoing medical treatment (either multiple appointments with a health care provider, or a single appointment and follow-up care such as prescription medication);
• Chronic medical conditions that require occasional periods when you or your immediate family member require periodic visits for treatment by a health care provider e.g. at least twice a year, or cause episodic flare-ups rather than continuing periods of incapacity over an extended period of time;
• Pregnancy including prenatal medical appointments, incapacity due to morning sickness, and/or medically required bed

I would rather not apply for FMLA leave now and instead save it for a later time when I may really need it. Is this allowable?

If the University has sufficient information to designate the leave as FMLA leave immediately after receiving notice of your need for leave, we may provide you with the designation notice at that time. If your FML-qualifying absence is not designated as FMLA leave, you will not be eligible for the job and benefit protections afforded to you under the FMLA. Consequently, the University is not obligated to preserve your current position with the pay, benefits, and terms and conditions of employment you enjoyed prior to your absence and your absences may be considered unauthorized.

Is FMLA leave paid?

FMLA leave does not provide paid leave benefits. The FMLA provides job and benefit protections that run concurrent with an employee’s use of their own accrued/paid leave and/or other additional paid leave benefits.

Will I continue to accrue my annual and sick leave while I am on FMLA leave?

Yes, you will continue to accrue annual and sick leave while you are on FML-qualifying leave. If you are in an unpaid status for any portion of a pay period, your leave accruals will be prorated accordingly.

Can I take a combination of paid and unpaid leave simultaneously during FMLA leave?

No, you must exhaust all of your available accrued/paid leave before moving into an unpaid status.

What happens if I exhaust all of my FMLA leave and I am still unable to return to work?

You must inform your Leave Consultant of your inability to return to work prior to exhausting your FMLA leave entitlement. If you require reasonable accommodation for a disability under the Americans with Disabilities Act (ADA), which may include an extension of leave, you should submit a request for reasonable accommodation prior to exhausting your FMLA leave entitlement.

Am I eligible to take FMLA leave?

In order to be eligible for FMLA leave, you must have:

• Worked 1,040 hours during the 12-month period immediately prior to the start of your FMLA absence; and
• Worked for the University System of Maryland and/or the State for at least 12 months* immediately prior to the start of your FMLA

*The 12 months of service are not required to be consecutive. Employment periods preceding a break in service of no more than 7 years may be considered when determining whether you have worked for the University for at least 12 months.

If you are on approved sick leave at the time you meet the 12-month service requirement, all leave taken after you meet the 12-month service requirement will be designated as FMLA leave.

For what reasons can an eligible employee take FMLA leave?

Eligible employees may take up to 12 workweeks of FMLA leave for one or more of the following reasons:

• The birth of a child;
• The placement of a child for adoption or foster care;
• Care/bonding with a newborn or adopted/foster placed child within the 12-month period from birth or placement;
• Care for an immediate family member g. spouse, child, or parent, with a serious health condition;
• The employee is unable to work and/or perform any one of the essential functions of their job because of a serious health condition; or
• Qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on covered active duty or called to covered active duty status as a member of the National Guard, Reserves, or Regular Armed

Eligible employees may take up to 26 workweeks of FMLA leave to care for a covered service-member with a serious health condition.

What are my options if I am not eligible for FMLA leave but need to take time off work for medical reasons e.g. the birth of a child, my own illness or injury, caring for a family member with an illness or injury?

If you are not eligible for FMLA leave but need to take time off work for medical reasons, sick leave may be granted under the USM Faculty or Staff Sick and Safe Leave policies. To ensure your use of sick leave is in accordance with policy, you may be required to submit a written statement from the treating physician confirming the need for leave.

My spouse and I are both UMD employees and we will be having a baby. Are we both eligible for up to 12 weeks of FMLA leave for the birth and bonding with our newborn?

Yes. Assuming you are both eligible for FMLA leave, you and your spouse are entitled to separate/individual periods of up to 12 workweeks of FMLA leave that may be taken simultaneously or in succession.

Am I required to submit documentation certifying that my immediate family member or I have a serious health condition?

You are required to submit a completed Certification of Health Care Provider Form when requesting FMLA leave for your own or your immediate family member’s serious health condition. You will have 15 calendar days from the date you are notified of your eligibility and rights & responsibilities to submit the completed medical certification to your Leave Consultant. If you are unable to meet the 15-calendar day deadline despite diligent good faith efforts to do so, contact your Leave Consultant to request a deadline extension of up to 15 additional calendar days.

If an employee was approved for intermittent FMLA leave, do they have to provide medical documentation each time they are absent from work?

Intermittent absences for an FML-qualifying condition noted on the medical certification are considered a single leave reason; therefore, employees are not required to provide medical documentation every time they are absent from work.

How often may the University ask for medical certification for an on-going serious health condition?

The University may require an employee to provide periodic updates as to the serious health condition for which they are taking leave. Recertification shall not be requested more often than every 30 calendar days unless:

• The duration of the medical condition is less than 30 calendar days;
• The employee requests an extension of FMLA leave;
• The circumstances described in the previous medical certification e.g. frequency and duration of absences, change significantly;
• The University receives information that casts doubt upon the employee’s stated reason for leave or the continuing validity of the most recent medical

In all cases, the University may request recertification of a serious health condition every 6 months and/or at the end of the 12-month leave period.

What happens if I do not submit medical certification by the deadline noted on my eligibility letter?

If you do not submit acceptable medical certification to your Leave Consultant by the deadline noted on your eligibility letter and you do not request a deadline extension, approval of your request for FMLA leave may be delayed and/or denied and your absences may be considered unauthorized.

Am I required to provide documentation certifying my ability to return to work prior to returning from FMLA leave?

If the FMLA leave is for your own serious health condition, you will be required to provide a Return to Work Certification completed by your treating physician confirming the date you are able to return to work and your work status e.g. full duty or modified duty with specific restrictions and their expected duration.

What happens if I do not provide medical documentation certifying my ability to return to work prior to returning from FMLA leave?

If you fail to provide a Return to Work Certification completed by your treating physician prior to returning from FMLA leave, your return to work may be delayed until acceptable medical documentation is submitted to your Leave Consultant.

Where do I submit documentation related to my request for FMLA leave?

All documentation related to your request for FMLA leave must be submitted directly to your Leave Consultant via the umdleave@umd.edu email address. Documentation should not be submitted to your manager and/or department.

Will my medical information remain confidential?

The University is committed to ensuring that any/all information submitted as part of your request for FMLA leave will remain confidential and maintained in a separate medical file in the Office of Staff Relations. Your manager/ department will only be advised of your leave status e.g. period of continuous absence, frequency and duration of intermittent leave and/or episodic flare ups, and/or your return to work status to include specific restrictions that may be required upon your return to work; if applicable.

Am I supposed to use FMLA leave every time I do not feel well enough to work?

Unless complications arise, conditions such as the common cold, earaches, upset stomach, minor ulcers, headaches other than migraines etc., are not considered serious health conditions under the FMLA.

Do I have to use FMLA leave if I am absent for three (3) or more days for my own illness or injury?

Not necessarily. However, if the reason for the absence qualifies as a serious health condition it should be designated as FMLA leave.

Why do I have to report leave taken for an FML-qualifying reason if I have enough sick leave to cover my absence?

FMLA leave provides job and benefit protections and runs concurrent with the use of your accrued/paid leave. If the reason for your absence qualifies under the FMLA, it should be reported and tracked as FMLA leave even if you have enough accrued sick leave to cover your absence.

I sometimes need to take unscheduled time off work for a few minutes or a few hours at a time because of a medical condition.  Should I be using FMLA leave?

You should be using FMLA leave if you are taking time off work due to a chronic health condition that requires you to take leave intermittently for scheduled treatment and/or unscheduled leave due to episodic flare-ups.

Does an employee have to take FMLA leave all at once, or can it be taken periodically?

When it is medically necessary due to the employee or immediate family member’s serious health condition, eligible employees shall be entitled to take scheduled and/or unscheduled intermittent FMLA leave in separate blocks of time. Employees must follow all department call-in procedures when requesting unscheduled leave and provide as much notice as possible when requesting leave for scheduled appointments.  Employees must also specifically state that their request is for FML-approved leave.

Can an employee take FMLA leave when they are working a reduced schedule?

When medically necessary, eligible employees shall be entitled to take FMLA leave when a physician recommends a reduction in hours worked per day or workweek.

Can the University change an employee’s job when they take intermittent or reduced schedule FMLA leave?

The University may temporarily reassign an employee on intermittent or reduced schedule FMLA leave to an alternative position with equivalent pay and benefits that better accommodates a reduced work schedule or intermittent periods of FMLA leave.

Can I use my sick leave while taking FMLA leave to care for/bond with my newborn or adopted/ foster placed child?

Yes, you may use your sick leave to care for/bond with your newborn or child placed with you for adoption during the six-month period following birth or placement.  Per University policy, you may not use your sick leave to care for/bond with a child placed with you for foster care.