The Family and Medical Leave Act of 1993 was passed by Congress to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity; to minimize the potential for employment discrimination on the basis of sex by ensuring generally that leave is available for eligible medical reasons (including maternity-related disability) and for compelling family reasons; and to promote the goal of equal employment opportunity for women and men.
FMLA should be applied for when an absence lasts longer than 3 days of work due to illness or other medical conditions. This protects the employee and the employer to comply with the law. If there is a planned absence such as maternity or a surgery, FMLA can be applied for up to 30 days in advance.
Note: All FMLA requests must be entered through the WolfTime Leave and Timekeeping System.
Family and Medical Leave (FMLA) provides up to 12 (or 26, as appropriate) workweeks of unpaid, job-protected leave in a 12-month period for one of the following qualifying reasons:
- Birth and care for a newborn; (see also Paid Parental Leave)
- Care for an adopted or foster child; (see also Paid Parental Leave)
- Care for a child, spouse, or parent with a serious health condition;
- A personal serious health condition that prevent the employee from performing one or more of the essential functions of the position;
- Because of any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent is a military member on covered active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation; and,
- An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member shall be entitled to a total of 26 workweeks of leave during a single 12-month period (commencing on the on the date the employee first takes leave) to care for a covered service member who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment, recuperation or therapy; or otherwise in outpatient status; or on the temporary disability retired list.
All periods of paid leave or periods of leave without pay (including leave without pay while drawing short-term disability benefits) count towards the 12 (or 26, as appropriate) workweeks to which the employee is entitled. This includes leave taken under the Voluntary Shared Leave Policy.
Full-Time, Part-Time, Contract and Time Limited Faculty and Staff
- who has 12 months cumulative service with North Carolina State Government, including temporary service; (See (1) and (2) notes below) and,
- who has been in a paid status at least 1040 hours in the previous 12 months
Note: 9 month faculty may also be covered under the Medical, Maternity and Parental Leave for Faculty with Academic Year Appointments policy. Benefits provided under the Medical, Maternity and Parental Leave for Faculty with Academic Year Appointments policy run concurrently with the 12 week allotment under the Family and Medical Leave policy.
- who has 12 months cumulative service; (See (1) and (2) notes below) and,
- have worked at least 1250 hours in the previous 12 months at NC State.
Post Docs/House Officers
- who have been employed for 12 months; and,
- have worked at least 1040 hours in the previous 12 months at NC State.
- Employment periods prior to a break in service of seven years or more shall not be counted in determining whether the employee has been employed by the agency for at least 12 months.
- USSERA-covered military service in the Regular Armed Forces, National Guard or reserves count as time worked to determine eligibility for FML.
Employee Rights and Responsibilities under the Family and Medical Leave Act
Have Additional Questions? Contact the Leave Administration Unit
Guiding Policies and Other Resources
Office of State Human Resources
U.S. Department of Labor
NC State University
- Employees Exempt from the State Personnel (EHRA) Policy
- Medical, Maternity and Parental Leave for Faculty with Academic Year Appointments
- Privacy and Confidentiality of Individually Identifiable Health Information
NC State Human Resources
- Employee’s Guide for Requesting Family Medical Leave (FML) or Family Illness Leave (FIL)
- Human Resources Guiding Policy Disclaimer
- Paid Parental Leave
- Certification of Healthcare Provider for Employee’s Serious Health Condition
- Certification of Healthcare Provider for Family Member’s Serious Health
- Certification of Qualifying Exigency for Military Family Leave
- Certification of Serious Injury or Illness of Covered Servicemember for Military Family
- Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave