Family Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA), a federal law, provides 12 weeks of unpaid leave that protects you from any negative impacts to your job when you take time off or a leave of absence for any of the following reasons:

Your own serious medical condition
Prenatal medical care or incapacity due to pregnancy and/or delivery
Qualifying activities (exigencies) related to a family member’s military active duty
A serious injury or illness of a family member who is a current member of the armed forces or a veteran

Eligibility

You may be eligible for FMLA if you:

have worked for the University for at least 12 months as of the first day of leave; and
have worked for at least 1,250 hours in the 12 months prior to your first day of leave

Calculating the FMLA leave year

FMLA is calculated using a “rolling” 12-month period measured backward” to determine eligibility for subsequent FMLA leave periods. Under the “rolling” 12-month period, each time an employee takes FMLA leave, the remaining leave entitlement would be the balance of the 12 weeks which has not been used during the immediately preceding 12 months.

Intermittent Leave

An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations.

FMLA Poster (PDF)

Supervisor Responsibilities

Toggle Drawer: Requesting a Leave of Absence

Notification

Give at least 30 days’ notice, if you know in advance of your need for a leave of absence.
If you learn of your need for time off or a leave of absence less than 30 days ahead of time, request it as soon as you are able.

You do not need to share any specifics about your health circumstances or those of your family member. However, you do need to provide enough information so that your supervisor can understand that your absence may be covered by the FMLA.

Submitting Your FMLA Request

Employees may request a leave of absence within Workday to initiate the process and prompt the necessary paperwork. View our guide on how to Request Leave of Absence for instructions..

Required Documentation

Leave of absence due to illness and family leave will require a health-care provider certification form to support the need for time off.

The form must be returned to HR within 15 days of receipt. Because the information is so time sensitive, it must be completed 30 days from the leave start date. Any submission before 30 days will expire and will need to be completed by the physician again.

Medical conditions can change and sometimes you don’t know how much FMLA leave you will need to take. You and the health care provider may provide the best estimate of the length of time or frequency of absences you will need based on what is known at the time. If you require more or less leave than you originally thought, you can always provide an updated certification.

Confidentiality

The Office of Employee Benefits will keep confidential all medical information relating to requests for a medical leave. This information will be used only to make decisions in regards to the provisions of the policy.

You should not disclose your own or your family member’s medical diagnosis to your supervisor or department.
Any required certification should be submitted directly to the benefits department, where it will be kept confidential and separate from your personnel file. Do not submit any medical documentation to supervisor.

Toggle Drawer: Paid Time off During Leave

FMLA leave is not paid leave. Employees approved for a FMLA leave may choose, or be required, to use accrued paid time off to cover FMLA absence. FMLA and the use of paid time off will run concurrently.

Please note that paid time off (sick, vacation, personal, compensatory) may be adjusted to reflect only accrued time to restrict employees from utilizing time that has not been earned. This generally applies to time that may have been recently allotted for the new year.

Possible pay continuation options during leave include:

Sick Time Off	May be required
Vacation Time Off	Optional
Personal Time Off	Optional
Compensatory Time Off	Optional

If you will not have sufficient paid time off receive pay by Montclair State University, you have the following wage replacement options through State of New Jersey disability programs:

Temporary Disability Insurance (TDI)- medical (self): You can find information about the eligibility and application process on the State of New Jersey’s Temporary Disability Insurance website page. Please note: This process is not managed by Montclair State University, you must follow the procedures specified on their website or contact a Customer Service Representative at 609-292-7060.
Family Leave Insurance (FLI)- medical (family member) : You can find information about the eligibility and application process on the State of New Jersey’s Family Leave Insurance website page. Please note: This process is not managed by Montclair State University, you must follow the procedures specified on their website or contact a Customer Service Representative at 609-292-7060.

Note:

Faculty members who will be without pay from Montclair State University will also need to complete and submit a request for a Faculty Leave of Absence without pay for the Board of Trustees (BOT) approval. You will need to supply the necessary administrative forms.

Faculty/ staff who will not have sufficient accrued paid time off, may qualify for the Donated Leave Program. The criteria for shared leave eligibility are different from those for FMLA. Contact your leave coordinator if you wish to participate in the programs.

Toggle Drawer: Benefits During Leave

During FMLA leave, health coverage under any “group health plan” will be maintained on the same terms as if the employee had continued to work.

While on an unpaid leave of absence from Montclair State University

Employees will be responsible for your usual medical and/or prescription payroll deductions for the six pay periods of leave without pay. Employees will be provided with the information to make the necessary arrangements to continue payments in order to maintain coverage while on leave. Group health insurance may be canceled if an employee fails to make payment.
If coverage with the University ends while you are on leave, continuation of coverage is offered under COBRA for up to 18 months. Employees will receive a notice about continuation of coverage under COBRA at the time coverage ends. Health coverage must be reinstated upon return to work via Benefitsolver.
Employees will not earn pension service credit, will not receive or make pension contributions, and will not earn vacation or sick accruals.

Toggle Drawer: Long Term Disability

If your absence appears to be long-term (more than a year), you may be eligible for Disability benefits through your retirement plan. Please review you options here.

Toggle Drawer: Returning to Work

If your leave is for your medical condition, you will be required to provide a Fitness for Duty Certification. This release is to include any restrictions or limitations you have in performing your job. A release to return to work is not required if the Leave of Absence is for a family member’s health condition.