PART 1: PURPOSE

To provide eligible employees with leave, in compliance with the Family and Medical Leave Act of 1993 (FMLA), as amended.

PART 2: DEFINITIONS

1. Eligible Employee: Any employee who has been employed by NMSU at least twelve (12) months (need not be consecutive), and who has worked at least 1,250 hours during the twelve month period immediately preceding the commencement of the leave.
2. FMLA Leave: job-protected leave from work allowed for certain qualifying events specified by the FMLA.

PART 3: RULE STATEMENTS

1. NMSU provides job-protected leave for the period of time allowed and under the conditions established by the FMLA. The Department of Labor provides guidance on FMLA qualifying events and conditions at https://www.dol.gov/whd/fmla/.
2. FMLA Leave is unpaid except when taken concurrently with accrued sick leave or accrued annual leave. Employees holding accrued sick leave must take sick leave concurrently with FMLA Leave until accrued sick leave is exhausted.  Employees who do not have accrued sick leave may elect to take accrued annual leave concurrently with FMLA Leave or may choose to be placed on leave without pay.
3. FMLA Leave may be taken intermittently or on a reduced schedule when medically necessary, or as otherwise required by the FMLA. Intermittent leave to bond with a child after childbirth or adoption will be considered upon request and allowed except where such leave is unduly disruptive to the operations in the department where the employee works.
4. Employees should consult with NMSU’s Human Resource Services Benefit Services for guidance on all FMLA matters, including benefit continuation options, and must contact Benefit Services as soon as the employee is aware of an event that may qualify the employee for FMLA Leave.

PART 4: PROCEDURAL GUIDELINES AND CROSS REFERENCES

Human Resource Services, Benefit Services, is authorized to issue procedural guidelines to facilitate the administration of this Rule, which shall either be published in this section or posted at https://benefits.nmsu.edu/. See also: https://www.dol.gov/dol/topic/benefits-leave/fmla.htm and https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf.

Related

Cross-Reference:

Revision History:
2017 Recompilation, formerly Rule 7.20.45
07/21/2015 Amendment approved by Board of Regents
04/16/2015 Provisional Amendment implemented by Chancellor
06/20/2013 Amendment approved by Board of Regents
07/20/2010 Amendment ratified by Board of Regents
11/10/2009 Amendment approved by Administrative Council
07/15/2008 Amendment ratified by Board of Regents
06/10/2008 Amendment approved by Administrative Council