The Family and Medical Leave Act (FMLA) is a federal law that provides you with unpaid job-protected time off for a wide range of reasons, including medical issues. Although these leaves are unpaid, you may be able to use disability benefits at the same time to replace a portion of your income.
To be eligible for FMLA, you must meet two conditions:
Only certain conditions qualify for FMLA, some of the most common ones include:
FMLA offers job protection, rather than income replacement. If you meet the eligibility requirements, you can take up to 12 weeks of unpaid, job-protected leave during a 12-month period. You do not have to take this leave all at once. While FMLA does not ensure a paycheck, you may be eligible for partial wage replacement through disability insurance (see Pay While on Leave, below).
FMLA is unpaid leave.
However, you may be able to use the paid time off you have accrued, including sick time, PTO, floating holiday, or vacation hours, while on FMLA.
If you are using FMLA for your own medical condition or as part of Family Care & Parental Bonding Leave, it is possible you will be eligible to use other benefits, such as disability, to replace part of your income while you are on leave.
While using a paid disability benefit, you will continue to pay your benefit contributions through the usual payroll deductions as long as you continue to receive a paycheck from Stanford.
If your FMLA leave is unpaid, we will continue to pay a portion of your benefits and you will be billed for your share of the cost on an after-tax basis.
The only benefit you cannot continue to receive during FMLA leave is a Dependent Day Care Flexible Spending Account—this account will be suspended during your leave.
Contact the University HR Service Team within 31 days of going on leave to discuss eligible changes to your coverage.
Review the checklist for taking a leave and returning to work. Note that if you file a disability claim, you do not have to file a separate FMLA request.