Family Medical Leave Act (FMLA) Policy

Policy Category	Issuing Authority	Responsibility	Publication Date	Next Review Date
Human Resources	Administration & Finance	Human Resources	9/8/2025	9/8/2028

Policy Statement & Background:

None

Policy:

Eligible employees may be granted a Family Medical Leave of up to 12 weeks of unpaid leave (or paid leave; the provisions set forth in the Attendance Rules and Collective Bargaining Agreements or the Research Foundation of SUNY as applicable, continue to govern the use of any paid leave) in a calendar year (for State employees) and a "rolling" 12 month period (for Research employees) including long term care and intermittent care for the purpose of: (1) caring for a child following his/her birth, adoption or foster care placement (must be taken within 1 year of the event); (2) caring for a spouse, child or parent with a serious health condition; (3) for the employee's own serious health condition which renders the employee unable to perform any of the essential functions of their position; (4) any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty;" or (5) twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember's spouse, son, daughter, parent, or next of kin (military caregiver leave).

Eligibility

The following requirements must be met in order to meet the service requirements for the Family Medical Leave Act (FMLA):

The employee must have been employed for at least 12 cumulative months on the date FMLA leave is to begin. An employee's total service must be counted when determining if the employee has completed the required 52 cumulative weeks of service, regardless of any breaks in service and regardless of the percentage of time paid during each of the 52 weeks. A week counts toward the 52 weeks if the employee was paid for any portion of that workweek.
The employee must have worked a minimum of 1,250 hours during the 52 consecutive weeks immediately preceding the date FMLA leave is to begin. When counting the number of hours necessary to meet this 1,250-hour threshold, the University must include all hours the employee actually worked. The law does not include paid leave time such as holiday, vacation, sick, sick leave at half-pay, STD, worker's compensation leave, personal leave, military leave, leave for jury duty or witness leave as time worked toward the 1,250-hour minimum.

Conditions of Approved FMLA Leave

Medical certification will be required.
The employee shall give thirty (30) days written notice if possible.

Definitions:

None

Contact:

Additional information about this policy is available here:

Human Resource Services

West Campus, Health Sciences, and School of Medicine
390 Administration Building

Stony Brook, NY 11794

(631) 632-6181

Stony Brook University Hospital

31 Research Way, Suite 200

East Setauket, NY 11733

(631) 444-4700

Long Island State Veterans Home (LISVH)
100 Patriots Road

Stony Brook, NY 11790
(631) 444-8617