Family and Medical Leave Act


Family Medical Leave Act (FMLA)

The Family and Medical Leave Act of 1993 is a federal law intended to promote a healthy balance between work and family responsibilities. It requires employers to provide up to 12 weeks per year of unpaid, job-protected leave to eligible employees for certain family and medical reasons and requires employers to continue to offer health and dental insurance at the employee rate.

University of Arkansas System Division of Agriculture (UADA) employees are entitled to return to the position formerly occupied or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment.

To be eligible for FMLA leave, you must have been employed by a campus of the University of Arkansas System for at least twelve months and must have worked at least 1,250 hours during the twelve-month period prior to the beginning of your leave.

FMLA leave may be granted for:

Twelve workweeks of leave in a 12-month period for:

  • the birth of a child and to care for the newborn child within one year of birth;
  • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • to care for the employee’s spouse, child, or parent who has a serious health condition;
  • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
  • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
  • Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).


The National Defense Authorization Act provides additional FMLA leave for military families.  FMLA-eligible employees are entitled to the following:

 
Family Leave Due to a Call to Active Duty- This benefit provides 12 weeks of FMLA leave due to a spouse, son, daughter or parent being on active duty or having been notified of an impending call or order to active duty in the Armed Forces. Leave may be used for any “qualifying exigency” arising out of the service member’s current tour of active duty or because the service member is notified of an impending call to duty in support of a contingency operation.
 
Caregiver Leave for an Injured Service Member- This benefit provides up to 26 weeks of FMLA leave during a single 12-month period for a spouse, son, daughter, parent, or nearest blood relative caring for a recovering service member. A recovering service member is defined as a member of the Armed Forces who suffered an injury or illness while on active-duty that may render the person unable to perform the duties of the member’s office, grade, rank or rating. If spouses both work for The University of Arkansas System and each wish to take leave to care for a covered injured or ill service member, the spouses may only take a combined total of 26 weeks of leave.

FMLA is applied concurrently with other leave that may be available. When accrued sick or vacation leave is available, employees must use the time before moving into unpaid leave status.

In parental leave, an employee may elect to use unpaid leave without exhausting accrued paid leave. Four weeks of paid parental leave (catastrophic) will run concurrently with FMLA if applicable

A completed Request for Consideration form should be submitted to Human Resources for eligibility determination and designation 30 days in advance when the need is foreseeable. Otherwise, an employee has 15 calendar days to submit the completed Request for Consideration form.

Please submit request forms to yourbenefits@uaex.edu or fax to 501-671-2251.

Employees are eligible for up to two weeks of fully or partially paid sick leave for COVID-19 related reasons. Employees who have been employed for at least 30 days prior and who are unable to work or telework (work from home) may be eligible for up to an additional 10 weeks of partially paid expanded family and medical leave.

View the entire FMLA policy

For more information on FMLA, contact Human Resources at 501-671-2219 or email yourbenefits@uaex.edu