Family Medical Leave Act
Effective February 5, 1994, as an employee of The City University of New York covered by a collective bargaining agreement, you became eligible for leave under the Family Medical Leave Act (FMLA).
You are eligible for FMLA leave if you worked at a CUNY college for at least 12 months, and for at least 1,250 hours during the year preceding the leave.
The United States Department of Labor has determined that all full-time salaried employees, such as full-time faculty in institutions of higher education who have worked for the employer for at least 12 months are presumed to have met the 1,250 hours of service requirement for FMLA eligibility.
Permissible Reasons for Taking FMLA Leave:
1) For birth of a son or daughter, and to care for the newborn child (*) 2) For placement with the employee of a son or daughter for adoption or foster care (*) 3) To care for the employee's spouse, domestic partner (**), son (***, #), daughter (***,#) , or parent (****, #) with a serious health condition4) Because of a serious health condition that makes the employee unable to perform the essential functions of his/her job. (##)
Notes * : Leave to care for the newborn child, or for the newly adopted or foster care child, of the employee, must conclude within 12 months of the birth or placement. The first 12 weeks, or cumulative 60 days, of any approved leave granted an employee under reasons 1 and 2 meet the requirements of FMLA leave if the leave occurs within the first 12 months of the birth or placement of a child with the employee, unless the 12 week FMLA entitlement has been previously expended during the FMLA leave year.
** : A domestic partnership must be validated under separate University policy for the employee to qualify for FMLA benefits. Children of the domestic partner may also be covered if they qualify under separate University guidelines.
*** : Son or daughter is defined as a biological, adopted, or foster child, a stepchild, or a child of a person acting in loco parentis, who is under 18 years of age or older than 18 years of age and incapable of self-care because of a mental or physical disability.
**** : An employee is not entitled to FMLA leave to care for a seriously ill parent of a spouse ; parent is defined as biological parent or an individual who acts in loco parentis to an employee when the employee was a child.
# : Persons who act in loco parentis include those with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, the person who had such responsibility for the employee when the employee was a child; a biological or legal relationship is not necessary.
## : The first 12 weeks, or cumulative 60 days, of any University approved leave granted an employee under current temporary disability leave policies for reason #4, (which includes medical leave taken prior to or immediately following the birth of a child), meet the requirement for FMLA leave and are covered under these policies and practices unless the 12 week FMLA entitlement has been previously expended during the FMLA leave year.
Limitations on Spouses/Domestic Partners Who Are Both Employed at the Same CUNY College
Leave taken by spouses/domestic partners who work for the same CUNY college, is limited to a COMBINED total of 12 weeks within the FMLA leave year (9/1 - 8/31) when the leave is taken for the birth or placement for adoption or foster care of a child or to care for a parent or parents with a serious health condition.The combined total limitation does not apply to leave taken by either spouse to care for the other who is seriously ill and unable to work, to care for a child with a serious health condition, or for his or her own serious health condition.
The following University Regulations govern the application for and use of FMLA approved leave: