Family & Medical Leave (FMLA)

Overview

The Family and Medical Leave Act of 1993 (FMLA) entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons.

FMLA leave allows employees to take time away from work while maintaining job protection and continuation of certain benefits.

Eligibility

Employees in all job classifications, including student employees, may be eligible for FMLA leave if they meet the following requirements:

• Have been employed for a total of at least 12 months, and
• Have worked at least 1,250 hours during the 12 months immediately preceding the start of leave

Employment time includes service at any Nevada System of Higher Education (NSHE) institution, regardless of breaks in service.

Periods of National Guard or reserve military duty count toward the 12-month eligibility requirement.

Qualifying Reasons for Leave

Eligible employees may take FMLA leave for the following reasons:

• The birth of a child or placement of a child for adoption or foster care
• Bonding with a child within one year of birth or placement
• The employee’s own serious health condition that prevents them from performing essential job functions
• Care for a spouse, registered domestic partner, child, or parent with a serious health condition
• Qualifying exigencies related to the foreign deployment of a spouse, child, or parent who is a covered military member
• Military caregiver leave to care for a covered service member or veteran with a serious injury or illness

FMLA leave may be taken as:

• A continuous leave
• Intermittently
• On a reduced work schedule, when medically necessary or otherwise permitted 

Requesting FMLA Leave

Employees must provide at least 30 days’ advance notice when the need for leave is foreseeable.

If advance notice is not possible, notice must be provided as soon as practicable, generally by the next business day after the need for leave becomes known.

Employees should notify:

• Their supervisor, and
• Human Resources

Required Documentation

Employees requesting FMLA leave must complete and submit the appropriate documentation based on the type of leave requested.

Human Resources will provide the necessary forms, which may include:

• Employee Medical Certification
• Family Member Medical Certification

Once documentation is reviewed and approved, Human Resources will issue:

• Notice of Eligibility and Rights & Responsibilities
• FMLA Approval Letter

During FMLA Leave

While on FMLA leave, employees are expected to:

• Follow departmental call-in and reporting procedures
• Maintain communication with their department and Human Resources regarding any changes to leave dates
• Refrain from sharing medical information with supervisors or department staff
• Not perform any work while on medical leave, including responding to emails or phone calls
• Accurately report all time taken under FMLA as instructed

Human Resources will provide guidance on how to record FMLA leave in Workday.

Medical Benefits During Leave

Medical benefits continue while employees are on approved FMLA leave. Employees are responsible for their portion of their health insurance premiums, which will be deducted during paid status. Contact benefits at 702-992-2326 to make arrangements to cover premiums during unpaid status if applicable.

Returning to Work

Human Resources will contact employees approximately two weeks prior to their expected return date to confirm their return-to-work status.

If additional leave is needed, a new medical certification must be submitted to Human Resources.

Important Notes

• FMLA leave is unpaid, unless the employee is using accrued leave or other applicable paid leave programs
• FMLA provides job protection, meaning employees are entitled to return to their position or an equivalent position, subject to applicable policies
• Failure to follow required procedures may impact leave approval or continuation