Leave

Family Medical Leave Act (FMLA)

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 leave runs concurrently with the employee’s accrued leave and also leave without pay if the employee exhausted all paid leaves.

The U.S. Department of Labor has issued a summary entitled Need Time? The Employee's Guide to the Family and Medical Leave Act.  This summary is directed primarily to employees in a reader-friendly format.

Responsibilities under the FMLA

Employee Responsibilities:

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

• provide a 30-day advance notice of the need to take FMLA leave when the need for leave is foreseeable;
• provide sufficient information (usually a certification form) in a timely manner so that the department may review for FMLA eligibility;
• provide re-certification of condition if requested by department; and
• maintain appropriate contact with your department regarding your return-to-work status.

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

Supervisor Responsibilities:

Supervisors are an important first step in the FMLA leave process. Specifically, supervisors will need to notify the Payroll & Leave Coordinator (Absence Partner Workday Role) 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 three (3) consecutive days of work;
• misses work due to a chronic health condition (i.e. diabetes, etc.);
• is placed in a hospital or day care facility for any length of time; and/or
• is needing to care for a covered member of the armed forces or is having to be absent from work due to a covered member's being called to active duty.

Remember that the triggers listed above will include an employee's missing work to care for a child, spouse, or parent suffering from a serious health condition. The Payroll & Leave Coordinator 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.

Payroll & Leave Coordinator/Absence Partner Responsibilities

The main duties of the Payroll & Leave Coordinator consist of:

• ensuring the department's compliance with the FMLA;
• overseeing employee FMLA leave balances and periodically reviewing for accuracy;
• communicating with Human Resources if questions arise regarding FMLA leave.

Note: Medical documentation provided by the employee often contains medical diagnosis and history, or lists medication used in the treatment plan. This information is confidential and should not be forwarded or shared with other employees, except in the course of business for leave purposes or Family Medical Leave Act (FMLA) benefits.  Employees should submit documentation directly to the Payroll & Leave Coordinator.

Human Resources Responsibilities:

Human Resources must be notified immediately when an employee’s leave is potential FMLA.

• Ensure employee is provided notice within five (5) business days regarding his/her eligibility (or non-eligibility) for FMLA leave when knowledge is acquired that the employee's leave may be for an FMLA-qualifying reason.
• Administer recertification procedures each fiscal year whereby employees, who were under FMLA in previous fiscal year, would need to requalify for FMLA benefits.

For more information specific to the Family and Medical Leave Act, please visit the US Department of Labor website. 

Holidays

Employees are generally eligible for 12 to 15 holidays per calendar year. The state legislature determines the number of holidays and the A&M System Board of Regents approves the specific days based on the recommendations of university/agency CEOs.

• Holiday Schedule
• Texas A&M University System Policy 31.04, Holidays
• Texas A&M University System Regulation 31.04.01, System Holidays

Vacation

Eligible employees are entitled to vacation and are allowed to take it when requested as long as the timing does not disrupt the department’s function. However, an employee must have six (6) months of continuous state service in either the present position or a previous state position, including a student employee position, before he/she can take vacation. Supervisors shall require employees to use their accrued Fair Labor Standards Act (FLSA) compensatory time (if applicable), before using vacation. (System Policy 31.03.01, Vacation.)

Sick Leave

Full time employees are eligible to earn up to eight (8) hours of sick leave per month. Earned sick leave may be used when you or an immediate family member is ill or injured or has a doctor or dentist appointment.  There is no waiting period before sick leave may be taken.

• An employee who is the parent of a child who is a student attending a grade from prekindergarten through 12th grade may use up to eight hours of sick leave each fiscal year to attend educational activities of his or her children.  The employee must provide reasonable advance notice of need for this leave.
• An employee who adopts a child younger than three (3) years may use the amount of sick leave that would normally be granted for recovery from pregnancy and childbirth, beginning the date that the child is placed in the home of the adoptive parent. The amount of sick leave should not exceed six weeks.
• When an employee is absent for more than three (3) continuous working days, a physician’s statement that indicates the cause or nature of the illness and the estimated recovery date or a comparable written statement of the facts concerning the illness will be required upon his/her return to work.

For more information, see System Regulation 31.03.02, Sick Leave or contact the Payroll Services Coordinator at payroll@tamut.edu or (903) 223-3097. 

Sick Leave Pool

The Sick Leave Pool was designated by the Texas Legislature for catastrophic illness or injury. The maximum amount an employee can receive from the Sick Leave Pool is 720 hours per illness.

Eligibility

An employee is eligible to request and receive sick leave pool hours if the employee suffers a catastrophic illness or injury for which the employee:

1. is or has been under a licensed practitioner’s care; and
2. has been absent from work for a prolonged period, a minimum of 80 hours consecutively or intermittently.

For part time employees, the requirement of 80 hours will be proportional to their percent effort (50% effort = 40 hours missed work).

Sick Leave Donation

Direct donations of accrued sick leave can now be given directly to a recipient by completing the following Donor form and Recipient Form.  For more information, see System Regulation 31.06.02, Sick Leave Donation or contact the Payroll & Leave Coordinator at payroll@tamut.edu or (903) 223-3097.

• Sick Leave Pool Donation Form
• Sick Leave Pool Direct Donation Form

Compensatory (Comp) Time

• Key Features of FLSA, State, and Holiday Comp Time

Leave of Absence with Pay

Eligible employees are entitled to take paid time off for various activities, including emergency, administrative or other leave with pay.

Employees may use this type of paid leave without using their earned vacation, sick leave, or compensatory time.  While on leave with pay, an employee will continue to receive regular salary and benefits and will continue to accrue vacation, sick leave and state service credit. 

Some examples of leaves of absence with pay are listed below.  Note: CEO/President approval is required for emergency and administrative leave.  See System Policy 31.03.03,  Leave of Absence with Pay for a complete list, including eligibility, conditions and other requirements.  The  Payroll & Leave Coordinator may also be contacted  at payroll@tamut.edu or (903) 223-3097 for additional information.

Emergency Leave with Pay 

• Death of a Family Member
• Unsafe Work or Travel Conditions
• Emergency Evacuation Order
• Office Closures
• Other Circumstances as Approved by the President

Administrative and Other Types of Leave with Pay 

• Amateur Radio Operators
• American Red Cross Disaster Service Volunteers
• Assistance Dog Training for Employees with a Disability
• Court Appointed Special Advocates (CASA) Volunteers
• Faculty Development Leave (See System Regulation 12.99.01, Faculty Development Leave)
• Foster Parents
• Investigation
• Jury Service
• Medical and Mental Health Care for Certain Veterans
• Organ, Bone Marrow or Blood Donors
• Volunteer Firefighters and Emergency Medical Services Volunteers
• Voting

Leave of Absence without Pay

Leave without pay is available for employees who have exhausted their accumulated paid leave and require time off for medical reasons, unpaid military leave or other approved reasons.  See System Policy 31.03.04,  Leave of Absence without Pay for additional information.

Birthday Leave

Full-time staff at A&M-Texarkana may be granted eight (8) hours of paid leave during the month of their birthday with prior approval from their supervisor/hiring manager. 

Birthday Leave is requested in Workday by using "Other Emergencies" as the type of leave and inputting "Birthday Leave" in the comment field.  For questions about Birthday Leave, contact the  Payroll & Leave Coordinator at payroll@tamut.edu or (903) 223-3097.

The following conditions apply.  

• An employee must be employed six (6) months prior to requesting birthday leave.
• Temporary, part-time, contract employees or faculty are not eligible for this benefit.
• Birthday Leave must not be split over multiple days. Time off must be taken on one day within the employee's birth month.
• Birthday Leave must receive prior supervisory/hiring manager approval.
• Under extraordinary circumstances, the supervisor/hiring manager may approve Birthday Leave in the month following the employee's birth month if the employee's workload doesn't permit time off during their birth month.

Birthday Leave Procedure/Instructions