Family and Medical Leave Act
- FMLA is intended to provide you the opportunity to balance your work responsibilities and family life by providing for leave in the event of the care of a child (birth, or placement for adoption or foster care), your serious health condition or the serious health condition of your spouse, parent, or child.
- In order to be eligible for FMLA leave you must meet the following conditions:
- You have worked at least 1,250 hours during the twelve (12) month period prior to the date of the commencement of the leave
- You have worked at least a total of twelve (12) months for Samford University
- You have provided medical certification for leave, when requested
- You have provided us with at least thirty (30) days advance notice if the leave is due to the birth of a child and as soon as possible in the event the leave is due to a serious health condition
- If you meet these conditions, you are eligible for up to twelve (12) weeks of family and medical leave per rolling 12 month period for one or more of the following reasons:
- For the birth or placement of a child for adoption or foster care
- To care for an immediate family member (spouse, dependent child, or parent) with a serious health condition or
- To take medical leave when you, the employee, are unable to work because of a serious health condition
- Under certain circumstances, you may take FMLA leave intermittently: This means you may take leave in blocks of time, or by reducing your normal weekly or daily work schedule. FMLA leave may be taken intermittently whenever medically necessary to care for a seriously ill family member, or because you, the employee, are seriously ill and unable to work.
- For employees who have at least 12 months of full time employment at Samford:
- The first portion of the 12 weeks of leave will be paid by utilizing any accrued sick, vacation, and personal leave in accordance with sick, vacation, and personal leave policies.
- In the event that accruals have been exhausted, you may be eligible for sick leave donation, in accordance with Samford University policy 3.24, or the remainder of the leave may be without pay.
- In the event that you reach your two-year employment anniversary while out on FML, there will be no prorated amount of leave with pay granted.
- For employees who have at least two years of continuous employment at Samford:
- The first 6 weeks of the leave period will be leave with pay. (For intermittent leave please see Intermittent FML section)
- Time taken beyond the 6 paid weeks will be paid utilizing any accrued sick, vacation, and personal leave in accordance with sick, vacation, and personal leave policies.
- In the event that accruals have been exhausted, you may be eligible for sick leave donation, in accordance with Samford University policy 3.22, or the remainder of the leave may be without pay.
FMLA Frequently Asked Questions
- How do I pay for my benefits while out on FMLA?
During any paid FMLA leave, Samford will continue to make payroll deductions for health insurance premiums as if you were at work. You must contact the Human Resources Department as far in advance as possible to make arrangements for any required monthly premium contributions during any period of unpaid leave.
- What is a rolling 12 month period?
It is used to determine your eligibility for FMLA by looking back in the past 12 months prior to your current FMLA start date to see if any FML was taken in that period. If FML was taken in the past 12 months prior to your current start date, your current FML allotment will be reduced by the amount taken previously because you are only allowed a total of 12 weeks of FML in a rolling 12 month period.
- I will reach my two years of service while I am out on FML. At that time will my FML change over to paid FML?
No. You must have completed your two years of continuous service prior to taking FML in order for it to be paid FML. There will be no prorated amount of leave with pay.
- Define a serious health condition.
A serious health condition is defined as a physical or mental condition that involves:
- Inpatient care in a hospital, hospice, or residential medical care facility.
- Incapacity requiring absence from work, school, or other regular daily activities for more than three calendar days that also requires continuing treatment or supervision of a health care provider.
- Continuing treatment or supervision by a health care provider for a chronic or long term condition that is either incurable or is so serious that if treatment does not occur, it may result in incapacity for more than three days.
- My spouse is having a baby. I would like to take intermittent FML after the birth. Is this allowed?
No. You cannot take FML intermittently for the birth of a child.
- My spouse and I both work here at Samford and we are having a baby. Can we both take FMLA for the birth of the child?
Yes, you and your spouse can both take FML for the birth of the child; however you are limited to a combined total of 12 weeks of FMLA for the birth of the child.
