The University of Texas Rio Grande Valley

Office of Human Resources Division of Finance and Administration

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) requires covered employers to provide up to 12 weeks of unpaid, job-protected leave per year to eligible employees for certain family and medical reasons. The 12 weeks can be either continuous or intermittent.

Upon return from FMLA leave, employees must be restored to their original or an equivalent position with equivalent pay and benefits.

When foreseeable, employees shall give at least thirty (30) calendar days advance notice. When the need for FMLA leave is not foreseeable, an employee should give UTRGV notice that leave is needed as soon as practicable, preferably the same day or next business day of when the employee learns of the need for leave.

Eligibility

  • Employees are eligible if they have worked for the University or another state agency for at least one year and no less than 1,250 hours over the previous 12 months.
  • Eligible employees are entitled to take up to 12 work weeks of family leave during any 12-month period measured backward.
  • Eligible employees must apply for FMLA is they are absent or anticipate an absence from work for three or more calendar days due to their own illness, injury, or pregnancy or that of a qualified family member.
  • Employees are required to use all accrued paid leave while on FMLA except when receiving
    workers’ compensation income benefits. 
  • When an employee is out on FMLA, UTRGV will continue to pay its portion of the premium sharing for benefits. This also applies for employees out on Leave Without Pay under FMLA. 

Military Caregiver Leave Under the FMLA - Eligibility

  • Employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies.
  • When the need for the leave is foreseeable employees shall give at least thirty (30) calendar days advance notice. When it is not foreseeable, an employee should give UTRGV notice that leave is needed as soon as practicable, preferably the same day or next business day of when the employee learns of the need for leave.
  • HOP ADM 04-609 - Military Caregiver Leave Under the FMLA
  • Special Leave Entitlement – Caring for Service Member
  • Eligible employees can take up to 26 weeks of leave to care for a covered service member during a single 12-month period measured backward.

Forms