The Family and Medical Leave Act (FMLA) is a benefit that allows qualified employees to have up to 12 weeks of leave per fiscal year. The law allows eligible employees to take job-protected leave for the birth or adoption of a child, for the care of a child, spouse or parent with a serious health condition, for the employee's own serious health condition, or for the care of a covered military service member.  

FMLA Eligibility and Qualification Requirements 

Employees must qualify for leave under the FMLA before such leave can be granted; two criteria must be met: 

• Must have a total of at least 12 months of state service (employment periods preceding a break in service of more than seven [7] years are not required to be counted); and 
• Must have physically worked 1,250 hours with the state within the 12 months prior to the need for FMLA leave. 

Note: Student employees, wage employees, and faculty are eligible for FMLA leave if the above requirements are met. 

FMLA Leave Process   

Employee Responsibilities under FMLA 

Employees have certain responsibilities to fulfill if the leave taken is to be granted or designated as FMLA leave. In general, employees must: 

• Provide 30 days' advance notice of the need to take FMLA leave when the need for leave is foreseeable. 
• Inform the Human Resources if the requested leave is for a reason for which FMLA leave was previously taken or certified.  

An employee's failure to provide information in a timely manner may result in the delay or denial of FMLA leave. 

Employee Responsibilities under FMLA     

Employee FMLA Leave FAQs 

Supervisor Responsibilities under FMLA 

Supervisors are an important first step in the FMLA leave process. Specifically, supervisors will need to notify the HR.Leave@tamuc.edu when an employee's absence triggers a potential need for FMLA leave. This need could be evident when an employee: 

• Notifies the supervisor of their own or a spousal pregnancy, that his/her family will be adopting a child, or that the family will be receiving a child from foster care. 
• Misses more than 3 (three) continuous days of work. 
• Misses work due to a chronic health condition for self, child, spouse, or parent. 
• Is placed in a hospital or day care facility for any length of time. 

Human Resources must be notified immediately if any one of the instances listed above occurs so that the leave can be reviewed for FMLA eligibility. FMLA law mandates that we act in a timely manner after one of the triggers above has become evident. 

Supervisor Responsibilities under FMLA   

Supervisor FMLA Leave FAQs