Eligibility for the Family and Medical Leave Act (FMLA)
To be eligible for FMLA leave, an employee must have worked for Tufts for at least twelve (12) months and at least one thousand two hundred and fifty (1250) hours in the year preceding a requested leave, and must have worked at a worksite within seventy five (75) miles of a Tufts worksite that employs at least fifty (50) employees.
Basic Leave Entitlement Under FMLA
The FMLA allows eligible staff to take up to 12 weeks of leave for the following reasons:
- To care for your own serious health condition.
- For the birth, adoption, or foster care placement of a child.
- To care for a spouse, child, or parent who has a serious health condition.
- You need time off for activities related to the active military deployment of a spouse, child, or parent.
- For the care of a covered service member with a serious injury or illness.
To be eligible for this leave, you must have worked for Tufts for at least 12 months and at least 1,250 hours and must have worked at a worksite within 75 miles of a Tufts worksite that employs at least 50 employees.
FMLA Process for staff employees:
Human Resources will provide employees with information on employee eligibility, rights, and responsibilities, including the necessary documentation required to be completed and approved in order for leaves of absence to be designated as FMLA leave. Human Resources will review employee requests for leave under the FMLA and any supporting documentation provided. Human Resources will notify employees in writing: whether the leave is approved,
whether the leave qualifies under the FMLA, whether the leave will run concurrently with other time clocks associated with state and federal requirements and University policies governing leaves of absence, whether additional information is required, the amount of leave that will count against the employee’s leave entitlement, whether the leave will be designated as paid or unpaid, and whether the employee must provide a “fitness for duty” certificate before returning to work.
Employees must provide sufficient information for Human Resources to determine if the leave qualifies for FMLA job protection, as well as the anticipated timing and duration of the leave. This may include information sufficient for Human Resources to determine whether the employee is unable to perform job functions, whether a qualified family member is unable to perform daily activities, the employee’s need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees must inform Human Resources if the requested leave is for a reason for which FMLA leave was previously taken or approved. Employees also may be required to provide a certification and periodic recertification supporting the need for leave. Failure to provide the required information may delay or prevent authorization of a requested leave of absence.
Returning to Work
Upon return from FMLA leave, most employees will be restored to their original or equivalent positions with equivalent pay and benefits.
Upon returning from FMLA leave that has not exceeded twelve (12) weeks, or twenty-six (26) weeks in the case of military caregiver leave or military caregiver leave combined with leave for any other purpose under the FMLA, the employee will be returned to the same position that he or she left when the leave began or to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment, in accordance with the conditions provided for such reinstatement under the FMLA. The employee will be reinstated without loss of employment rights or benefits that the employee had earned or accrued prior to the beginning of the leave, except to the extent such benefits were used or paid during the leave.
If the employee is returning from a medical leave, the employee may be required to provide medical certification of his or her ability to return to work.
If the employee decides not to return to Tufts following an FMLA leave, the employee is requested to inform Tufts of that decision as soon as the employee is able to do so. Tufts may then end the leave and employment will terminate. If the employee fails to return to work at the end of an approved leave, Tufts may discharge the employee.
Duration of FMLA Leave
For all leaves under the FMLA, except military caregiver leave, the employee is entitled to a maximum of twelve (12) weeks of leave per year, calculated on a “rolling” twelve (12)-month period measured from the date the employee first uses any such leave. With respect to military caregiver leave only, the maximum duration of such leave is twenty-six (26) weeks during a single twelve (12) month period, measured from the first day the employee takes leave for this reason and ending twelve (12) months later, including the time spent on leave taken for any other reason(s) under the FMLA.
Please visit the Time Off and Leaves of Absence
section of AccessTufts and the Employee Handbook for information on the University’s policies regarding FMLA.