Family and Medical Leave Act
In accordance with the Family Medical Leave Act of 1993 ("FMLA"), the University of
Dallas will allow all eligible faculty and staff twelve weeks of leave for qualifying
Employees should request FMLA leave by completing a form in the Human Resources office
when they are involved in one of the following:
- the care of a newborn or adopted child
- the care of the employee's spouse, child or parent who is ill
- personal illness or treatment of a serious health condition.
A serious health condition is defined as:
- an illness, injury, impairment or physical or mental condition that involves a period
of incapacity or treatment connected with in-patient care in a hospital, hospice or
residential medical care facility
- or any period of incapacity requiring absences of more than three calendar days from
work, school or other regular daily activities that also involves continuing treatment
by a health care provider
- or continuing treatment by a health care provider for a chronic or long-term condition
that is incurable or so serious that, if not treated, would likely result a period
of incapacity of more than three days
- or prenatal care.
All other health-related problems of a non-serious nature are covered under sick leave
The use of FMLA leave will be governed by the following:
- To be eligible for FMLA leave, the employee must have been employed at least 12 months
in total and have worked at least 1250 hours during the 12 months immediately preceding
the beginning of the leave period.
- Accrued sick and vacation leave must be used before unpaid leave and will be counted
as part of the twelve week maximum.
- The twelve week maximum FMLA leave will be calculated on a rolling twelve month basis,
calculated back from the date the employee first requested leave for the qualifying
FMLA illness, injury, condition or event.
- Thirty days advance notice of the need for leave and certification supporting the
request is required from leave eligible employees (when leave is foreseeable).
- Group benefits (health, dental, life, LTD) will be continued while the employee is
on the unpaid portion of approved FMLA leave. Employees on leave must continue to
contribute their portion for coverage.
- Upon return from FMLA leave, employees will return to their previous position, or
to an equivalent position, with equivalent pay, benefits, and other terms of employment.
- When the University employs both eligible spouses, they are entitled to 12 weeks combined
leave and not twelve weeks each for the birth or adoption of a child. Eligible spouses
are entitled to twelve weeks each in cases of personal or family illness.
- Requests for leave under the FMLA must be made in writing, on a form provided by the
Human Resources Office and approved by the Director of Human Resources. The form contains
questions regarding the date the condition began, the probable duration of the condition,
certification of the condition, and a statement by the health care provider that the
employee is unable to perform the functions of his/her position. When leave is requested
for illness of a family member, medical certification and an estimate of the time
the employee will need to be away from work must be provided by the health care provider
- The twelve weeks of leave may be taken intermittently or on a reduced schedule. However,
intermittent leave or reduced work schedule leave may not be taken in increments of
less than one hour.
- Pregnancy is treated like any other medical condition requiring a leave of absence.
The length of time required for the leave is a medical decision between the employee
and the physician.
- Employees may be required to provide a Fitness for Duty Certification based on his/her
job description before returning to work.