January 28, 2023

Policy Update Notice: Family and Medical Leave Act (FMLA)

The Virginia Department of Human Resource Management (DHRM) has updated Policy 4.20 – Family and Medical Leave . Effective January 10, 2023, Policy 4.20 changes the 12-month measurement period from a fixed 12-month period to a rolling 12-month period.

What’s the Difference?

Fixed 12-month period (Current):

Currently, the FMLA calendar is based on the DHRM leave year: January 10 – January 9, and eligible employees may take up to 12 workweeks (480 work hours) of FMLA leave during that period.  When FMLA leave is requested, the amount of available leave is determined based on how many hours of FMLA leave the employee has taken since the start of the leave year (Jan. 10).

Rolling 12-month period (effective January 10, 2023):

Eligible employees will still have 12 workweeks of FMLA leave available within a 12-month period, however, the calculation method we use to determine available leave will change.  In order to determine the number of FMLA hours available to an employee, we will look back at the 12 months immediately prior to the requested period of FMLA leave.  We will calculate the amount of FMLA taken during those previous 12-months and determine the amount of remaining FMLA available for the current request. Each time an employee uses FMLA, the remaining unused balance of the 480 work hours is adjusted.

First-Year Transition:

·         During the first year of this policy change (1/10/23 – 1/9/24)  we will use the 12-month measurement method that is the most beneficial to the employee.  The transition will take place in such a way that employees retain the full benefit of their leave entitlement.

·         Employees who are on an approved FMLA leave during the current Leave Year (prior to January 10, 2023) will continue to be in a certified and approved status through the end of the FMLA event. For these employees, there is no need for any action to be taken until the time already approved leave has ended, or additional FMLA is requested by the employee.

·         Employees who have not used FMLA in the prior 12-month period are eligible for the 480 FMLA hours, or the prorated number of hours corresponding to the percentage of hours they normally are scheduled to work.

Please refer to DHRM Policy 4.20 – Family and Medical Leave for additional information about FMLA, such as eligibility and medical certification requirements.

Please contact Denise Frye (Dfrye2@umw.edu) or Janet Hudgins (jhudgins@umw.edu) if you have questions.

Thanks,

Beth Williams
Executive Director for Human Resources
540 654-1294
bwilli22@umw.edu