FMLA - EXTENDED MEDICAL LEAVE - PARENTAL LEAVE

Florida Atlantic University is committed to supporting employees through significant life events, including medical needs, family responsibilities, and the arrival of a new child. The University provides Family and Medical Leave Act (FMLA), Extended Medical Leave, and Parental Leave to allow eligible employees time away from work in accordance with federal and state law and FAU policy.

FMLA provides federally required, job‑protected leave for qualifying reasons and is unpaid. Extended Medical Leave and Parental Leave may also provide job protection when approved and when eligibility requirements are met, as provided under Florida law and University policy. These leave types may be coordinated with an employee’s available paid time off, allowing employees to use accrued paid leave during approved absences while leave is properly designated and administered.

Leave Type

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job‑protected leave during a 12‑month period for certain family and medical reasons. While on approved FMLA leave, employees are entitled to job protection and continuation of health insurance coverage under the same terms as if they had continued working.

Reasons That May Qualify for FMLA Leave

Eligible reasons for FMLA leave include:

The birth of a child and care for the newborn within one year of birth
Placement of a child for adoption or foster care and care for the newly placed child within one year of placement
The employee’s own serious health condition
Care for a spouse, child, or parent with a serious health condition
Certain qualifying exigencies related to a family member’s covered military service

Use of Paid Time Off During FMLA

FMLA leave itself is unpaid. However, employees may be able to use accrued paid time off (PTO)—such as sick or annual leave—during approved FMLA leave, in accordance with FAU’s attendance and leave policies. When paid leave is used, it runs concurrently with FMLA, allowing the employee to receive pay while the absence is designated as FMLA and job protection applies.

In some circumstances, FAU may also require the use of accrued paid leave during FMLA leave, consistent with University policy.

Am I Eligible for FMLA?

To be eligible for FMLA leave, an employee must meet all of the following requirements:

Have worked for FAU for at least 12 months (the months do not have to be consecutive)
Have worked at least 1,250 hours during the 12 months immediately preceding the start of the leave
- Only hours actually worked count toward this requirement
- Paid leave (such as sick leave, annual leave, or holidays) does not count
Have not exhausted their current FMLA entitlement

What Qualifies for FMLA?

Standard FMLA Entitlement

Eligible employees may take up to 12 workweeks of leave in a 12‑month period for:

Birth and bonding with a newborn child
Adoption or foster care placement
Care of a spouse, child, or parent with a serious health condition
The employee’s own serious health condition
Qualifying military exigencies related to a covered family member’s active duty

Military Caregiver Leave

Eligible employees may take up to 26 workweeks of leave in a single 12‑month period to care for a covered servicemember with a serious injury or illness, if the employee is the servicemember’s:

Spouse
Son or daughter
Parent
Next of kin

Need Assistance?

If you have questions about FMLA eligibility, documentation, or the request process, please contact Employee Relations & Development.

Extended Medical Leave

Extended Medical Leave is intended to support employees who require time away from work due to qualifying medical or family circumstances. It is provided only when specific eligibility requirements are met and when the leave is approved and administered by Employee Relations & Development.

Eligibility Criteria

An employee must meet both of the following criteria to be eligible to request Extended Medical Leave:

Have one (1) or more years of continuous service with Florida Atlantic University, and
Have worked at least 1,250 hours during the preceding twelve (12)‑month period.

Qualifying Reasons for Extended Medical Leave

Extended Medical Leave may be approved for the following reasons, with appropriate documentation:

The employee’s own serious health condition
The birth of a child
The placement of a child for adoption
Care of a qualifying family member for serious medical reasons

Appropriate medical or related documentation is required to support the request.

Duration and Use of Extended Medical Leave

Extended Medical Leave may be approved for up to six (6) months.
Leave may be taken as:
- Six (6) continuous months,
- An equivalent period of intermittent leave, or
- A combination of continuous and intermittent leave.
Extended Medical Leave is generally unpaid; however, employees may use accrued paid leave (such as sick or annual leave) in accordance with FAU Attendance & Leave policies.

If any portion of the medical leave meets the provisions of the Family and Medical Leave Act (FMLA), the leave will be designated and counted as FMLA, as applicable.

Extensions Beyond Six Months

Extended Medical Leave may be extended beyond six (6) months only with:
- Additional, appropriate medical documentation, and
- Approval from the Senior Vice President, Provost, or Vice President.
Approval of extensions is not automatic or guaranteed.

Additional Periods of Extended Medical Leave

After completing six (6) months of Extended Medical Leave, an employee is generally required to return to active work for a minimum of six (6) months before another period of non‑FMLA Extended Medical Leave may be approved.
This requirement may be waived by the Provost or Vice President, as appropriate.

Employees in Their First Year of Employment

Employees who have not yet completed one year of service are not eligible for Extended Medical Leave.
In limited circumstances, employees in their first year may request unpaid medical leave beyond their available leave balances with:
- Appropriate medical documentation, and
- Approval from the Senior Vice President, Provost, or Vice President.
Approval of such leave is not automatic or guaranteed.

Parental Leave

Florida Atlantic University provides Parental Leave to support employees following the birth, adoption, or foster placement of a child. Parental Leave is administered by Employee Relations & Development in accordance with Florida law and FAU Attendance & Leave policies and procedures.

Parental Leave is distinct from the Family and Medical Leave Act (FMLA); however, when applicable, Parental Leave and FMLA may be administered concurrently.

Eligibility for Parental Leave

Employees with one (1) or more years of continuous service with Florida Atlantic University may be provided with up to six (6) months of unpaid Parental Leave when they become a biological, adoptive, or foster parent.
During approved Parental Leave, eligible employees may use available accrued paid leave in accordance with FAU Attendance & Leave policies.
Employees in their first year of employment are not eligible for Parental Leave under University policy. In limited circumstances, employees in their first year may request unpaid parental leave beyond their available leave balances with:
- Appropriate medical or related documentation, and
- Special approval from the Provost or Vice President.
Approval in these cases is not automatic or guaranteed.

Duration and Timing of Parental Leave

Parental Leave:
- May begin up to two (2) weeks prior to the expected date of the child’s arrival, and
- Must be completed no later than six (6) months from the date of the child’s birth, adoption, or foster care placement.
Parental Leave must be taken as a consecutive period of time.

Use of Paid Leave During Parental Leave

Parental Leave under University policy is generally unpaid.
Employees on Parental Leave may use:
- Up to six (6) weeks of paid sick leave during the period immediately following the birth of a child.
- Additional accrued paid leave (such as annual leave), in accordance with FAU policy.
Any portion of Parental Leave beyond the six‑week sick leave period may be covered by other accrued paid leave or may remain a period of unpaid leave.

Interaction with FMLA

When Parental Leave qualifies under FMLA:
- FMLA leave for birth, adoption, or foster placement must be completed within twelve (12) months of the qualifying event.
- FMLA leave will run concurrently with University Parental Leave, when applicable.
- FMLA may not be used to extend the total period of Parental Leave beyond the University’s six‑month limit.
If an employee elects to take available FMLA leave beginning after the first six (6) months following the birth, adoption, or foster placement of the child, the University’s six‑month Parental Leave policy will not apply.

Notice Requirements

Employees requesting Parental Leave must provide at least thirty (30) days’ advance notice prior to the start of the leave period, when practicable.

The Family and Medical Leave Act (FMLA)–related forms are available upon request by contacting Employee Relations & Development:

FMLA Leave Request Form

The FMLA Leave Request Form is used to formally notify the University of the need for leave that may qualify under FMLA.

When applicable:

Initial request for FMLA designation
Continuous or intermittent leave
Parental, medical, or military‑related leave events

Submission of this form allows Employee Relations & Development to evaluate eligibility and coordinate leave designation.

FMLA Return to Work Form

The FMLA Return to Work Form is used to support an employee’s return following leave taken for their own serious health condition.

When applicable:

Medical clearance required prior to resuming work duties
Confirmation of the employee’s ability to perform essential job functions
Coordination of return‑to‑work status following medical leave

This form helps ensure a safe and appropriate return to the workplace.

Form WH 380 E – Certification of Health Care Provider for Employee’s Serious Health Condition

This form is used when an employee is requesting FMLA leave due to their own serious health condition that prevents them from performing one or more essential functions of their position.

When applicable:

Continuous or intermittent medical leave for the employee’s own condition
Inpatient care or continuing treatment by a healthcare provider
Periods of incapacity related to a qualifying medical condition

Medical certification from a healthcare provider may be required to support FMLA designation.

Form WH 380 F – Certification of Health Care Provider for Family Member’s Serious Health Condition

This form is used when an employee is requesting FMLA leave to care for a qualifying family member with a serious health condition.

When applicable:

Care for a spouse, child, or parent
Conditions requiring physical or psychological care
Situations where the employee’s presence is medically necessary

The healthcare provider certifies the family member’s condition and the need for the employee’s involvement in care.

Form WH 384 – Certification of Qualifying Exigency for Military Family Leave

This form applies when an employee is requesting FMLA leave for a qualifying exigency related to a covered family member’s active‑duty military service.

When applicable:

Short‑notice deployment
Military events or briefings
Childcare or school activities related to deployment
Financial or legal arrangements
Counseling related to deployment

This leave is tied specifically to military‑related circumstances recognized under FMLA.

Form WH 385 – Certification for Serious Injury or Illness of a Covered Service Member

This form is used when an employee requests military caregiver leave to care for a current member of the Armed Forces with a serious injury or illness incurred in the line of duty.

When applicable:

Care for a spouse, child, parent, or next of kin
Conditions requiring ongoing medical treatment, recuperation, or therapy

Eligible employees may be entitled to up to 26 workweeks of leave in a single 12‑month period for this purpose.

Form WH 385 V – Certification for Serious Injury or Illness of a Veteran

This form applies when an employee is requesting military caregiver leave to care for a veteran who has a qualifying serious injury or illness.

When applicable:

Veterans discharged under conditions other than dishonorable
Injuries or illnesses incurred or aggravated during military service
Conditions requiring medical care, supervision, or assistance

This form supports extended caregiver leave eligibility under FMLA.