Family and Medical Leave Act

The University of San Diego recognizes that during an employee’s career, circumstances may arise which require prolonged or intermittent absence from work due to medical and/or family reasons.

The Family and Medical Leave Act (FMLA) is a federal law that provides employees the right to take a leave of absence for personal or family medical reasons and leave for military families while maintaining job protection.

An employee may start the application process for Family Medical Leave by completing the LOA Request Form.  In the event an employee is not eligible for FMLA, this same form will start the application process for a Non-FMLA Medical Leave.

The University of San Diego will grant family and medical leaves under this policy to eligible employees in accordance with the requirements of the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).

  • The first type of leave that comes to mind for everyone is typically under the Family and Medical Leave Act (FMLA). It provides up to 12 weeks of leave annually for a serious illness of an employee or an employee’s immediate family member, or for an employee to assist an immediate family member for qualifying exigencies related to military service.
    • Note: The FMLA also separately provides up to 26 weeks of leave to care for an injured military service member (i.e., injured in combat).

 

Benefits During Leave

Eligible for FMLA – Benefits are protected for the first 12 weeks of leave.

During FMLA and on paid leave: You continue to have normal payroll deductions for your health insurance coverage.

During FMLA and on unpaid leave: You must write a check payable to USD for your portion of the cost of benefits. Human Resources will provide you with information on the cost to continue your benefits.

After FMLA has been exhausted: If you continue to be on a paid leave of absence, you continue to pay for your benefits through regular payroll deductions. If you are on an unpaid leave of absence, you are responsible to pay the full premium cost for benefits and must write a check payable to USD for your benefits coverage to continue. Human Resources will provide you with information on the cost to continue your benefits.

Not eligible for FMLA – While on paid leave, you continue to have normal payroll deductions for your health insurance coverage. As long as you remain on a paid leave of absence, you continue to pay for your benefits through regular payroll deductions. If you are on an unpaid leave of absence, you are responsible to pay the full premium cost for benefits and must write a check payable to USD for your benefits coverage.