Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is a federal law that provides you with unpaid job-protected time off for a wide range of reasons, including medical issues. Although these leaves are unpaid, you may be able to use disability benefits at the same time to replace a portion of your lost income.
To be eligible for FMLA, you must meet two conditions:
- You must have at least one year of service with Stanford; and
- You must have worked at least 1,250 hours at Stanford within the last 12 months.
Reasons for Using FMLA
Only certain conditions qualify for FMLA, some of the most common ones include:
- You have a serious health condition that prevents you from doing your job
- You are unable to work for reasons related to pregnancy
- You are a new parent (this includes fathers, same-sex spouses and registered domestic partners) and you are taking Family Care/Parental Leave to bond with your newborn, newly adopted child or newly placed foster child
- You need to care for an immediate family member with a serious health condition
- You need to care for an armed services member who has become seriously injured in the line of duty; or for an emergency due to a family member's active duty; or call to active duty in any branch of the U.S. Armed Forces
Pay While on Leave
FMLA is unpaid leave.
However, you may be able to use the paid time off you have accrued, including sick time, PTO, floating holiday, or vacation hours, while on FMLA.
If you are using FMLA for your own medical condition or as part of Family Care & Parental Bonding Leave, it is possible you will be eligible to use other benefits, such as disability, to replace part of your income while you are on leave.
Benefits While on Leave
While using a paid disability benefit, you will continue to pay your benefit contributions through the usual payroll deductions as long as you have accrued time off available.
If your FMLA leave is unpaid, we will continue to pay a portion of your benefits and you will be billed for your share of the cost on an after-tax basis.
The only benefit you cannot continue to receive during FMLA leave is a Dependent Day Care Flexible Spending Account—this account will be suspended during your leave.