Family Medical Leave Act

Please Note: MMB Policy requires us to distribute the "Statewide Policy on FMLA" to all new employees as well as to record that each new hire has received a copy. Please print the document posted at FMLA Statewide Policy.

 

FMLA Overview

For eligible employees, every fiscal year Minnesota State Mankato will grant a leave of absence of up to twelve weeks of job-protected leave for certain family and medical reasons consistent with the FMLA, relevant state law, and collective bargaining agreements and personnel plans.

FMLA is a way to designate leave as protected under the law. It is not a separate bank of leave for employees to use. While on FMLA leave employees still use sick leave, annual leave, or leave without pay.

This is intended only as a general summary of the FMLA. The actual provision of the law will govern requests made under the FMLA. Please consult Human Resources for more information.

 

Employee Rights Under FMLA

FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons. Employees are eligible if they have worked for a covered employer for at least one year, and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles. (Employee Rights & Responsibilities Poster - U.S. Wage & Hour Division)

Eligibility

To be eligible you must have worked for the State of Minnesota for at least one year; and have worked at least 1,250 hours during the prior twelve months. Only actual hours worked count, you can't count leave taken.

What is FMLA for

FMLA Leave is for things like:

  • For incapacity due to pregnancy, prenatal medical care or child birth;
  • To care for the employee's child after birth, or placement for adoption or foster care;
  • To care for the employee's spouse, child, or parent with a serious health condition; or a serious health condition that makes the employee unable to perform the employee's job.

Military Family Leave Entitlements

For Military Family Leave Entitlements please refer to the applicable section of the Statewide Policy on FMLA.

What you need to do

  • You must let us know if you think you may need to use FMLA qualifying leave.
  • If possible, thirty days' notice should be given along with medical certification, or as soon as possible.
  • Minnesota State Mankato requires a Fitness for Duty report for you to return work.

What you need to know

  • During FMLA leave, your health and dental insurance is paid the same as if you had been continuously employed.
  • If you return from FMLA leave immediately, you are entitled to the same or equivalent position, shift, benefits, pay, etc., that you held when the FMLA leave began.
  • Under certain circumstances Minnesota State Mankato may grant extended medical leaves of absence for up to one year with reinstatement rights and continuation of medical, dental, and life insurance benefits.
  • If you have used all of your FMLA leave and need time to care for a spouse, parent, or child, you may request, in writing, a personal leave of absence. Personal leave may be granted on different terms and conditions than FMLA leaves.

Resources