Family and Medical Leave Act (FMLA)

Salisbury University (SU) values its employees and recognizes the challenges employees can face when it comes to balancing work and personal responsibilities, particularly when those responsibilities are related to the employee’s own health and the health of family members. The Family and Medical Leave Act of 1993 (FMLA) and subsequent amendments is a federal law that entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

It is unlawful to interfere with, restrain, or deny the exercise of any right provided under FMLA or to discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. The University strictly prohibits retaliation against persons arising in connection with the assertion of rights under this Policy.

See: USM Policy VII-7.50 Policy on Family and Medical Leave for Nonexempt and Exempt Staff Employees


SU employees are generally eligible if they have:

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

*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 the employee has worked for the University for at least 12 months.

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

The 12-month period in which up to 12 weeks of FMLA leave can be taken is calculated as a “rolling” 12-month period measured backward from the date of any FMLA usage.

What Qualifies

Eligible employees are entitled to:

  • Up to Twelve workweeks of leave in a 12-month period for:
    • the birth of a child and to care for the newborn child within one year of birth;
    • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
    • to care for the employee’s spouse, child, or parent who has a serious health condition;
    • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
    • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
  • Twenty-six work weeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

Benefits & Protection

During FMLA leave, the employee’s health coverage will continue on the same terms as if the employee had continued to work. Upon return from FMLA leave, employees are restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms and conditions (including shift and location).

Paid Leave Benefits during FMLA leave

Employees will be required to use accrued paid leave, including annual, sick, holiday, and personal, while taking FMLA leave and comply with SU paid leave policies.

Frequently Asked Questions