Under the Family and Medical Leave Act (FMLA), Auburn University provides eligible employees job-protected leave for specified reasons. 

Please review this website if you have questions or need additional information regarding FMLA. You can also:

What FMLA Provides
Employee Eligibility
Military Entitlement
FMLA Forms
Additional Links

What FMLA Provides

  • FMLA requires employers to provide up to 12 weeks of unpaid, job-protected leave* to an eligible employee for the following reasons:

    • The birth of a son or daughter, and to bond with the newborn child

    • The placement with the employee of a child for adoption or foster care, and to bond with that child

    • To care for an immediate family member (spouse, child, or parent – but not a parent “in-law”) with a serious health condition

    • To take medical leave when the employee is unable to work because of a serious health condition

    • Qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on covered active duty or call to covered active-duty status as a member of the National Guard, Reserves, or Regular Armed Forces. (See below.)

  • It requires group health benefits to be maintained during the leave as if the employee continued to work instead of taking leave.

  • The employee is also entitled to return to their same or an equivalent job at the end of their FMLA leave.

* At Auburn, an employee may also be eligible for other types of leave, including annual leave, sick leave, paid parental leave, etc., along with salary continuation. Please contact your HR Liaison or email benefit@auburn.edu for additional information.

Employee Eligibility

At Auburn, an employee is eligible if they have worked for the university for at least one year and for 1,250 hours during the previous 12 months. This threshold is administered in accordance with the Family and Medical Leave Act of 1993 and all other applicable federal and state laws.

Hours of Service Requirement

The 1,250 hours include only those hours actually worked for the employer. Paid leave and unpaid leave, including FMLA leave, are not included.

Military Entitlement

The FMLA provides certain military family leave entitlements.

  • An eligible employee may take FMLA leave for specified reasons related to certain military deployments of their family members.

  • Additionally, an eligible employee may take up to 26 weeks of FMLA leave in a single 12-month period to care for a covered servicemember with a serious injury or illness.

Eligible employees with a spouse, son, daughter, or parent on active duty or call for active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying obligations. These may include:

  • Attending certain military events

  • Attending certain counseling sessions

  • Attending post-deployment reintegration briefings

  • Arranging for alternative childcare

  • Addressing certain financial and legal arrangements

Caring for a Service Member or Veteran

The FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member or covered veteran during a single 12-month period.

A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who:

  • Has a serious illness or injury incurred in the line of duty on active duty that may render the service member medically unfit to perform their duties for which the service member is undergoing medical treatment, recuperation, or therapy

  • Is in outpatient status

  • Is on the temporary disability retired list

A veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness is a covered veteran if they:

  • Were a member of the Armed Forces (including a member of the National Guard or Reserves)

  • Were discharged or released under conditions other than dishonorable

  • Were discharged within the five-year period before the eligible employee first takes FMLA military caregiver leave to care for them

FMLA Forms

Forms that can be Completed by the Employee or Employer

  • WH-380-E - Certification of Health Care Provider for Employee’s Serious Health Condition

  • WH-380-F- Certification of Health Care Provider for Family Member’s Serious Health Condition

Military Forms

  • WH-384 - Certification for Military Family Leave for Qualifying Exigency

  • WH-385 - Certification for Serious Injury or Illness of Covered Servicemember for Military Caregiver Leave

  • WH-385-V - Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave

Forms that Should be Completed by the Employer

IMPORTANT: The employee should not complete any of these forms.

  • WH-381 - Notice of Eligibility & Rights and Responsibilities

  • WH-382 - Designation Notice

  • WH-384 - Certification for Military Family Leave for Qualifying Exigency

Additional Links

Last updated: 09/05/2024