FMLA and Extended Leave
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Family Medical Leave
All University employees may apply for up to 12 weeks of family leave per 12-month allotment for certain medical reasons provided they have been employed by the State of Texas for at least 12 months prior to the commencement of the leave and worked at least 1,250 hours in the preceding 12 months. If the employee requesting leave has not been employed by the State of Texas for 12 months and worked at least 1,250 hours, he/she may be eligible for other leave of absence options. For more information, see the University’s FMLA policy.
The University will grant eligible employees up to 12 weeks of unpaid leave in a 12- month period for one or more of the following reasons:
- Birth of son/daughter and care after such birth;
- Placement of son/daughter for adoption or foster care;
- Serious health condition of spouse, child or parent of employee;
- Serious health condition of employee;
- Qualifying exigency for military families
- Care for a covered service member
Leave for birth or placement for adoption can be taken prior to the actual birth or adoption if medically necessary.
How to Apply for Family and Medical Leave
When an employee is taking leave due to his/her own serious health condition, or to care for a family member who has a serious health condition the employee will be required to submit a signed leave request and support the leave request with certification from the health care provider.
FMLA Packet and Information
- FMLA Employee Rights and Responsibilities
- FMLA Employee Rights and Responsibilities (Spanish)
- Family and Medical Leave Request Form
- WH-380-E-Certification of Health Care Provider for Employee’s Serious Health Condition
- WH-380-F-Certification of Health Care Provider for Family Member’s Serious Health Condition
- WH-384 Certification of Qualifying Exigency For Military Family Leave
- WH-385 Certification of Serious Injury or Illness of Covered Service Member for Military Family Leave
- WH-385-V Certification of Serious Injury or Illness of a Veteran for Military Caregiver Leave
Teaching Relief Policy for Full-time Faculty
Full-time faculty who have been employed for at least two semesters at UT Dallas, and who are primary caregivers for a newborn infant, a newly adopted child, or newly placed foster child under the age of three are eligible to apply for teaching relief. Teaching relief requests must be approved by both the department and the Provost’s office. For more information, please refer to Teaching Relief Policy.
Parental Leave
Parental Leave is available to employees not eligible for FMLA but who need time off for the birth of a natural child or the adoption or placement for foster care of a child younger than three years of age. The provisions of Parental Leave are for both parents. For more information, see the Parental Leave Policy.
Parental Leave differs from FMLA in that:
- Parental Leave allows up to 12 weeks of leave beginning with the date of birth or when the adopted child is formally placed in the home
- Time must be taken within 12 weeks from the date of birth or when the adopted child in formally placed in the home
- The employee does not receive the state coverage for insurance premiums during unpaid leave
How to Apply for Parental Leave
Employees will be required to submit a signed leave request and a completed medical certification from the health care provider. The FMLA request form and FMLA medical certifications will be used for both FMLA and Parental Leave requests.
Parental Leave Packet and Information
- Parental Leave Request Form
- WH-380-E-Certification of Health Care Provider for Employee’s Serious Health Condition
- WH-380-F-Certification of Health Care Provider for Family Member’s Serious Health Condition
Requests for Parental Leave should be made within 30 days of due date or placement of a child.
Leave of Absence Without Pay
It is the policy of The University of Texas at Dallas, when it is in the best interest of the University and for good cause, and subject to fiscal constraints, to grant eligible employees a period of unpaid leave.
To be eligible, an employee must be appointed for at least twenty (20) hours per week for a period of at least four and one-half (4 1/2) months excluding students employed in positions that require student status as a condition of employment. For more information, see the Leave of Absence Without Pay Policy.
Exhaustion of Paid Leave
All accumulated paid leave entitlements must be exhausted before granting such leaves, with the additional provision that sick leave must be granted only in those cases where the employee is eligible to take sick leave.
Approval Process
Employees may request a leave of absence without pay by submitting a written request through his/her supervisor that includes the following:
- The reason for the requested leave with documentation as appropriate;
- Length and time requested, and
- A statement of the employee’s clear intention to return to work.
The supervisor shall review the leave request and submit a written recommendation to the department or unit head. Once approval is granted, the department head must provide written communication to the leave administrator prior to placing an employee on a leave of absence.
The President, or his/her designee, may grant leave without pay to any employee when it is determined the employee shows good cause for such leave. This determination may provide the employee a special leave authorization which is not within the scope of normal Leave of Absence policies.
Leave of Absence for Faculty
Leave of Absence requests for faculty are handled pursuant to the procedures outlined in the Faculty Leave of Absence Without Pay Policy.
Insurance Benefits During Leave Without Pay
An employee who is placed on a leave of absence status for one or more full calendar months must specify the insurance coverages he/she wishes to retain while on leave. The employee is entitled to place coverages in abeyance (suspend) within 31 days of leave of absence effective date. It is the responsibility of the employee to contact the Leave Administrator to make arrangements for payment of insurance premiums while on leave. To put your make changes to your benefits due to a qualifying event, you may login to My UT Benefits.
The employee is responsible for paying the full premium amount directly to the University.
If the employee fails to pay the insurance premiums by the due date, the University shall cancel the employee’s insurance coverage at the end of the last month for which a complete payment is made. Canceled coverage is not eligible for continuation of coverage under COBRA. To put your benefits on hold or abeyance while on a leave of absence, complete the UT Benefits Enrollment Change Application form and email to the Benefits Office, benefits@utd.edu.
Paid Military Leave
Military Leave provides employment protection, income protection and a means for employees to secure time off when called to uniformed U.S. military service. For more information, see the University’s Paid Military Leave Policy.
Military Leave, per the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), covers all categories of military training and service, including duty performed on a voluntary or involuntary basis, in time of peace or war. It applies to the National Guard and reserve military personnel and also applies to persons serving in the active components of the Armed Forces as provided by state and federal law.
Benefit
Covered military employees receive full pay for up to 15 workdays in any federal fiscal year (Oct. 1 – Sept. 30) for authorized training or duty in the National Guard or armed forces reserves. The days need not be consecutive. The law requires all employees to provide their employers with advance notice of military service and policy requires a copy of the orders be provided to the supervisor and HR leave administrator.
Once the training orders are received by the HR leave administrator, the 15 workdays will be populated on the employee’s Galaxy online timesheet and will be accessed by the employee using the corresponding time reporting code (TRC).
An employee may carry forward from one federal fiscal year to the next the net balance of accumulated military training leave that does not exceed 45 days.
Eligibility
Employees who meet the following criteria are eligible for military leave:
- State employees called to active duty or authorized military training for the State’s military forces or any reserve branch of the U.S. armed forces.
- State employees who are members of a reserve branch of the U.S. armed forces and who are called to duty due to a national emergency.
- State employees, who are members of the state military forces called to state active duty by the Governor, are entitled to paid emergency time off for the time in which they are on active duty. This time is not limited and does not count against military or annual time off.
All paid military time off is subject to a maximum of 15 days per federal fiscal year and carryover may not exceed 45 days. Active duty in the National Guard for an emergency as called by the Governor, or federal active duty for the purpose of providing assistance to civil authorities in a declared emergency, or for training for that purpose, is entitled to receive emergency time off for not more than 22 workdays without loss of military time off.
Extended Unpaid Military Leave
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) protects and gives reemployment rights to employees returning from military service, as long as they have given advance notice to the University of their military service or obligation. It provides protection to members of the U.S. Armed Services (including reservists), the Army National Guard, the Air National Guard, and the commissioned corps of the Public Health Service. USERRA applies to voluntary as well as involuntary military service. It does not apply to active duty service in the State of Texas National Guard. For more information, see the University’s Extended Unpaid Military Leave Policy.
Eligibility
Individuals who are covered by the USERRA must meet the following conditions for reemployment:
- Must have been employed by The University of Texas at Dallas. (The position that was held must have been of a recurrent nature with a reasonable expectation of continuation for a significant period of time.)
- Must have given written or verbal notice to their supervisor prior to leaving the job for military training or service except when precluded by military necessity.
- Must not have exceeded the five-year cumulative limit on a period of military service.
- Must have been released from service under conditions other than dishonorable.
- Must report back to their previous job in a timely manner or submit an application for reemployment, with time limits established by law. The time limits are based on the length of military service
Notification or Request for Military Time Off
The employee must notify the supervisor of the call to military service as soon as the information is known. Service members must provide advance written or verbal notice to their employers for all military duty unless giving notice is impossible, unreasonable, or precluded by military necessity. A copy of the orders is required by university policy, and may be provided at the end of such leave should circumstances prevent the employee from providing it in advance.
Procedures
- An employee eligible under USERRA must notify his or her supervisor verbally or in writing as soon as possible after becoming aware that he/she is being called for extended military service. He/she must also notify the HR leave administrator so that arrangements can be made for insurance coverage.
- Before departing on military leave, copies of military orders must be provided to the supervisor and HR leave administrator so that the employee can be placed on military leave.
- Provided the employee meets the criteria for eligibility upon return from military service, he/she must contact their former department and the HR leave administrator.
- The HR leave administrator will work with the returning individual to ensure that all necessary documentation is provided for reemployment.
- The leave administrator will work with the employing department to ensure that the reemployment process is facilitated and that the employee is returned to a position that meets the requirements of USERRA.
- The leave administrator will also ensure that all benefits to which the employee is entitled are reinstated and will provide information to the employee regarding contributions they may make to the retirement plan in which they are enrolled.
- If the department has a reason to terminate the employee within twelve months of their return to employment, reasons for termination must be reviewed and approved by the Office of Human Resources.