Family Medical Leave Act

The Family and Medical Leave Act of 1993 (FMLA) requires qualifying employers to provide at least 12 weeks of leave (with or without pay) with benefits within a 12 month period for the reasons described in Sick, Parental and Family Care Absence and Military Exigency Absence and 26 weeks (with or without pay) with benefits within a single 12 month period for Military Caregiver Absence, as long as the employee was employed at least one year and worked at least 1,250 hours during the previous 12 month period.

However, the provisions in the Sick, Parental and Family Care Absence and Military Exigency policies are more generous than DOL federal requirements

Eligibility for FMLA

All employees are covered by the FMLA however eligibility for FMLA, Military Exigency and Military Caregiver Absence is determined based on the following:

AFSCME, SEIU, SPFPA, POA

Permanent full-time employees must have one year of employment and worked 1,250 hours during the 12 month preceding the date of their first absence.
Permanent part-time employees must have one year of employment and worked 900 hours during the 12 months preceding the date of their first absence.

Non-represented, OPEIU, SCUPA

Permanent full-time/professional (SCUPA)employees must have one year of employment and worked 1,250 hours during the 12 month preceding the date of their first absence.
*NOTE deviation from SPF Absence Policy/AFSCME model
Permanent part-time employees MUST meet the same requirements as full-time employees, one-year employment and 1250 hours

APSCUF Faculty

Faculty Members (all faculty- full or part time temporary, RPT, tenure and tenure track) must have one year of employment and worked 1,250* hours during the 12 months preceding the date of their first absence.

* In determining 1,250 hours for faculty, the FMLA Leave Workbench will automatically calculate the equivalent 1,250-hour requirement based on working 75 days per semester as equivalent to full time employees working 52 weeks.

APSCUF Coaches

Coach (Regular full-time or Regular part-time coach) must have one year of employment and worked 1,250 hours during the 12 months preceding the date of their first absence.

When Can I Use FMLA Leave?

Absences for Sick, Parental and Family Care

A paid or unpaid absence from work with benefits due to the serious health condition of an employee, the serious health condition of a qualifying family member when the employee is attending to the medical needs of the family member, or for the birth of a son or daughter, and to care for the newborn child; for adoption or foster care placement of a child.

Military Caregiver Absence

An absence from work due to a serious injury or illness of a covered service member or covered veteran who is a family member, when the employee is needed to care for the covered service member or covered veteran.

Military Exigency Absence

An absence from work arising from the fact that a family member of the employee is a military member on covered active duty. Military Exigency Absence may be used for Short-Notice Deployment, Military Events and Related Activities, Childcare and School Activities, Financial and Legal Arrangements, Counseling, Rest and Recuperation, Post-Deployment Activities, Parental Care and Additional Activities.

How Do I Request FMLA Leave?

Step 1: Contact FMLA Coordinator/Human Resources Department at 717-477-1124 for appropriate form.

To take FMLA leave, you must provide the FMLA Absence Coordinator in Human Resources Department with appropriate notice. If you know in advance that you will need FMLA leave (for example, if you are planning to have surgery or you are pregnant), you must give at least 30 days advance notice. If you learn of your need for leave less than 30 days in advance, you must give notice as soon as you can (generally either the day you learn of the need or the next work day). When you need FMLA leave unexpectedly (for example, if a family member is injured in an accident), you MUST inform Human Resources Department as soon as possible.

Step 2: Contact the FMLA Coordinator at hr@ship.edu to complete and submit the appropriate Request Form.

Step 3: The FMLA Coordinator will send you a Serious Health Condition Certification that would need to be completed by your attending physician and return to the FMLA Coordinator within 15 calendar days. No Serious Health Condition Certification is required for Parental Leave.