Family and Medical Leave Act (FMLA)

“Serious Health Condition” is an illness, injury, impairment, or physical or mental condition that involves either inpatient care in a hospital, hospice or residential medical care facility, or continuing treatment by a health care provider.

“Intermittent Leave” is leave taken in separate blocks of time or by reducing the amount of time worked each day or week.

“Qualifying exigency” are situations caused by the military deployment of an employee’s spouse, child, or parent to a foreign country. 

“Equivalent job” is defined as the same or substantially similar responsibilities and status with the same general level of skill and authority, identical pay and benefits, with the same general work schedule at the same (or nearby) location

Unless an emergency situation exists, it is the responsibility of the employee to give notice at least 30 calendar days in advance or as soon as practicable and in compliance with normal call-in procedures, as well as provide documentation to the Office of Human Resources of the need for the leave. Failure to provide notice may be grounds for delay of the leave.

For those instances where advance notice is not possible, supervisors should notify the Office of Human Resources any time an employee is on sick leave for five days or more to determine if a Family and Medical Leave situation applies. The employee is responsible for providing enough information so that the University can make the appropriate determination.

For leave related to serious health conditions, the employee shall provide medical certification(s) from the employee’s or family member’s health care provider. The employee shall have fifteen (15) calendar days to obtain the medical certification unless not practicable to do so despite the employee’s diligent and good faith efforts. Failure to furnish the medical certification may result in a delay or denial of the leave.

It is the responsibility of the Office of Human Resources (OHR) to determine whether an employee is eligible under FMLA and when to designate leave as “FMLA” based on the facts of each individual situation. When the University knows facts that indicate the leave of absence might be covered under FMLA, SU is required to inform the employee of their rights under this law and specify any additional information that may be required.

If the University determines that the leave will be designated as FMLA-protected, the OHR will notify the employee of the amount of leave counted against the leave entitlement.

If the University determines that the employee is not eligible or the leave is not FMLA-protected, the OHR will provide a reason for the ineligibility. The Director of Human Resources or designee reviews all Family and Medical Leave requests.

To request Family and Medical Leave (FML), an employee can contact the Benefits Specialist to discuss the request or complete the Request for Family and Medical Leave form and email the request to FMLArequest@salisbury.edu for review. If the leave request is due to a serious health condition of the employee or family member, medical certification is required.

Employees must provide sufficient information for the University to reasonably determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Depending on the situation, sufficient information may include that the employee is incapacitated due to pregnancy; unable to perform job functions; the family member is unable to perform daily activities; the need for hospitalization or continuing treatment by a health care provider; or circumstances supporting the need for military family leave.

Employees also must inform the University if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.

The employee must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures.

• Request for Family and Medical Leave form (PDF)
• Medical Certification for Employee's Serious Health Condition form (PDF)
• Medical Certification for Family Member's Serious Health Condition form (PDF)
• Military Qualifying Exigency form (PDF)
• Medical Certification for Covered Service member’s Serious Injury or Illness form (PDF)

The Benefits Specialist or designee will review the completed Request for Family and Medical Leave form and supporting documentation, and provide the employee with a written Notice of Eligibility and Rights and Responsibilities and any other pertinent information concerning the status of the FMLA leave.

Where a medical certification is required, that certification must be provided within fifteen (15) calendar days of the leave request. Employees should be aware that, under certain circumstances, a recertification may be required.

If an FMLA leave request is based on a qualifying exigency due to active duty service or a call to active-duty service, the employee may be required to provide a copy of the active-duty order or other appropriate documentation, as well as certification and documentation from the employee containing information supporting the qualifying exigency. When leave is taken to care for a covered service member, the employee may be required to provide certification from an authorized health care provider.

Absent extenuating circumstances, the regulations require the University to notify an employee whether they are eligible to take FMLA leave (and, if not, at least one reason why the employee is ineligible) within five business days of the employee requesting leave or the employer learning that an employee’s leave may be for a FMLA-qualifying reason.

Any approved Worker’s Compensation/Accident Leave may be designated as Family and Medical Leave (i.e., the Family and Medical Leave would occur at the same time as the approved Worker’s Compensation/Accident Leave).

Employees are required to provide a fitness for duty certificate at least two (2) business days in advance of their return to work. Failure to furnish the certificate may result in a delay of the return to work.  Failure to return to work on the agreed upon date shall be considered a resignation.

The Family Medical Leave Act provides unpaid, job-protected leave to eligible employees for up to 12 weeks during a 12-month period for a qualifying reason.

A qualifying event for FMLA leave may be one of the following:

• An employee’s own serious health condition that makes the employee unable to perform the functions of his/her job for a continuous period of time, on an intermittent/on-going basis or for an overnight hospital stay. 
• The birth of a son or daughter and to care for the newborn child.
• The placement of a son or daughter in the employee’s home for adoption or foster care.
• To care for a covered child, spouse, or parent with a serious health condition.
• To care for an injured or ill covered military service member.
• Qualifying exigency leave for families of members of the National Guard, Reserves, and members of the regular armed forces when the covered military member has either received orders to active military duty requiring foreign deployment or is on active duty and deployed overseas.

Generally, if you have worked at least 1,040 hours in the previous 12-months at Salisbury University or other USM or State of Maryland agency and you have a qualifying event, you are eligible for FML.

FMLA-covered leave is unpaid unless you have accrued leave available to use, including annual, sick, holiday or personal leave. You may also have the option to take unpaid time off.  The University reserves the right to require employees to use accrued leave while on an FMLA-covered leave.

FMLA leave for the birth/adoption of a child is usually taken continuously. Intermittent leave may be taken for qualifying exigencies or when medically necessary.

Employees cannot waive, nor may employers induce employees to waive, their prospective rights under the FMLA. The time off, if eligible, must be charged to the FMLA leave entitlement.

Employees requesting FMLA leave are required to provide 30-day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable. When the need for leave is not foreseeable, the employee must provide notice to the employer as soon as practicable under the facts and circumstances of the particular case.

Assuming both parents are eligible for FMLA leave, each employee is entitled to separate/individual periods of up to 12 workweeks of FMLA leave that may be taken simultaneously or in succession.

The University will continue to pay the employer portion of your health insurance. You will still be responsible for any portion of your benefits that you normally pay.  If you are in an unpaid status, you will be responsible for the payment of your share of the premium payments for your health insurance coverage for the period of time you are on approved FMLA leave. You may choose to submit payment due while on leave or within 30 days upon returning to work.

You do not need to tell your supervisor any specifics about your health circumstances or those of your family member. However, you do need to provide enough information so that your supervisor can understand that your absence may be covered by the FMLA. Any required certification should be submitted directly to Human Resources, where it will be kept confidential and separate from your personnel file.

Employees are required to provide a fitness for duty certificate at least two (2) business days in advance of their return to work. Failure to furnish the certificate may result in a delay of the return to work.  Failure to return to work on the agreed upon date shall be considered a resignation.