Family and Medical Leave Info
The Family and Medical Leave Act (FMLA) provides eligible University of Montana employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. This page covers eligibility, qualifying reasons, how to request leave, and what to expect during and after your leave.
Who This Applies To
Faculty | Staff | Contracts
You must have at least 12 months of University of Montana or State of Montana service and have worked at least 1,040 hours in the 12 months before leave begins. The 12 months of service do not need to be continuous.
Process
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FMLA covers leave for the following reasons:
- Birth, adoption, or foster care placement of a child. Leave must be completed within 12 months of the birth or placement.
- Caring for a spouse, child, or parent with a serious health condition.
- Your own serious health condition that prevents you from performing your job.
- A qualifying military exigency when your spouse, child, or parent is called to active duty.
- Caring for a covered service member with a serious injury or illness. This extends to up to 26 weeks in a single 12-month period.
Employees are limited to 12 weeks total for any combination of qualifying reasons in a 12-month period, except for military caregiver leave. If both you and your spouse work at UM, you are each entitled to your own 12 weeks of FMLA leave.
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Foreseeable leave, such as a planned birth or scheduled medical treatment: provide at least 30 days advance notice. Leave may be denied without reasonable notice.
Unforeseeable leave, such as a medical emergency: notify your supervisor as soon as possible and within two working days of learning of the need. In an emergency, leave a message and a number where you can be reached. Submit a written request as soon as practicable.
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Complete a Request for Family and Medical Leave form and submit it to your supervisor. Medical certification from a health care provider may be required. You have 15 days from the date requested to submit certification to HRS. Your supervisor will provide guidance on any additional documentation needed after receiving your request.
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- You are required to use any accrued sick leave during FMLA leave.
- You may elect to use accrued annual leave or compensatory time but are not required to do so.
- Any paid leave used runs concurrently with your FMLA leave and counts toward your 12-week balance. Your leave does not extend beyond 12 weeks simply because some of it was paid.
- You will not accrue annual or sick leave while on unpaid FMLA leave. Employees on intermittent or reduced-schedule leave accrue leave on a prorated basis based on hours worked.
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Your health insurance coverage under the MUS Group Benefits Plan continues during FMLA leave. You must continue paying your portion of premiums on your normal payroll schedule, submitted by check to HRS. If payments are not made, the university may continue coverage at its discretion and will recover any unpaid amounts upon your return to work.
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Upon returning from FMLA leave, you are entitled to the same or an equivalent position. A fitness-for-duty certification will be required before you return. While on leave, you will be asked to report periodically to your supervisor on your status and intent to return to work.
Resources and Forms
Governing Policy
Family Medical Leave Policy 805
Family Medical Leave Procedure
This benefit is administered in accordance with the MUS Group Benefits Plan. For full plan details, refer to the MUS Summary Plan Description.
Frequently Asked Questions
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Yes, for your own serious health condition or to care for an ill family member, leave may be taken intermittently or through a reduced work schedule, with certification from a health care provider. Requests for intermittent leave after the birth, adoption, or foster care placement of a child are considered on a case-by-case basis and are generally granted for up to 12 months after the birth or placement.
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A serious health condition is an illness, injury, or physical or mental condition that involves inpatient care, a period of incapacity requiring more than three days absence from work with continuing treatment by a health care provider, or ongoing treatment for a chronic or long-term condition. Prenatal care also qualifies. Employees with non-serious illnesses are not covered by FMLA and should use accrued sick leave instead.
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Notify HRS as soon as you are aware that an employee may be absent due to an FMLA-qualifying condition. Once HRS receives notification of a possible FMLA need, the university is required by law to inform the employee of their eligibility. Please contact HRS even if the employee has not formally requested FMLA leave.
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FMLA leave and pregnancy accommodations are separate rights that may apply at different points. Before your leave begins, if your pregnancy or a related medical condition affects your ability to perform your job, you may be eligible for workplace accommodations through HRS regardless of whether you are taking FMLA leave. After your leave ends, if you are breastfeeding or expressing milk you are entitled to reasonable break time and a private space at work. Contact the HRS Employee Accommodations Coordinator at any point before, during, or after your leave to discuss your options. Visit the Pregnancy Accommodations and Breastfeeding Support page for more information.
Contact this Team
For general questions, please submit a ticket through AskHR, email askhr@umontana.edu, or call 406-243-6760.
Because FMLA-related questions involve sensitive personal information, please direct those specifically to benefits@umontana.edu.