9.16 Family and Medical Leave (FMLA)

Wilmington College fully complies with the federal Family & Medical Leave Act (FMLA). The FMLA requires employers with 50 or more employees to provide eligible employees with unpaid leave.  The following provides a general overview of two types of leave available, including the basic 12-week leave entitlement (Basic FMLA Leave), as well as the military family leave entitlement (Military Family Leave) described in this policy. A “year” for these purposes is a rolling 12-month period measured backward from the date an employee uses any FMLA leave (Note: Employees with any further questions about their eligibility for FMLA leave should contact the Human Resources for additional information).

Employees are eligible for FMLA leave if they: 

  1. Have worked for the College for at least 12 months;
  2. Have worked at least 1,250 hours for the College during the 12 calendar months immediately preceding the start of the leave; and
  3. Are employed at a work site that has 50 or more College employees within a 75-mile radius.

Basic FMLA Leave.  Employees who meet the eligibility requirements described above are eligible to take up to 12 weeks of unpaid leave during any 12-month period for one of the following reasons: 

  1. To care for the employee’s son or daughter during the first 12 months following birth;
  2. To care for a child during the first 12 months following placement with the employee for adoption or foster care;
  3. To care for a spouse, son, daughter, or parent (“covered relation”) with a serious health condition;
  4. For incapacity due to the employee’s pregnancy, prenatal medical or childbirth; or
  5. Because of the employee’s own serious health condition that renders the employee unable to perform an essential job function.