Personnel Policies

FMLA Updates – December 2005

Please share this information with your supervisors and those who manage FMLA in your department.

New case law (forward by the UC Office of General Counsel) has changed two FMLA issues:

1. Re-qualification for FMLA in a new calendar year
2. When FMLA ends after an employee's seriously ill family member dies

1. Does an employee who is on a FMLA leave on December 31 of the current calendar year have to re-qualify for FMLA to continue the leave on January 1 of the new calendar year?

Yes. The employee must re-qualify in the new calendar year in order to be eligible to continue taking time off under FMLA in January of the new calendar year. "Re-qualify" means that the employee must have actually worked at least 1250 hours in the 12 months prior to January 1.

2. When does FMLA end following the death of an employee's seriously ill family member?

The FMLA time off ends immediately upon the death of the employee's seriously ill family member. However, the employee may be entitled to take time off for bereavement leave under policy or contract.

If you have questions or require additional information, please contact your Employee Relations Specialist or call the Employee Relations Customer Service line on 642-7163.