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Family and Medical Leave Act (FMLA)

The federal Family and Medical Leave Act of 1993 (FMLA) requires Virginia Tech to provide eligible employees up to 12 weeks of unpaid leave in a year. Employees may choose to use applicable leave balances during this time to provide income replacement. When a new child joins the family or if a serious family or personal medical problem occurs, eligible employees do not have to choose between taking time off to attend to such critical events versus the loss of employment and health insurance coverage.


  • Employees who have worked for the state for 12 months or more and have work 1,250 hours in the 12 months preceding the start of the leave are eligible to apply for FMLA.
  • Before using FMLA, employees should provide their supervisor with 30 days advance notice and medical certification.
  • Employees returning from FMLA are guaranteed reinstatement in their original or an equivalent position. Health benefits are continued with the employee paying his/her portion of the premium.

An employer must grant unpaid leave to eligible employees for one or more of the following reasons:

  • A serious health condition that makes the employee unable to perform their job.
  • The care of the employee’s child, including birth, adoption, or foster care.
  • The care of the employee’s spouse, parent, step-parent, child, or  step-child who has a serious health condition.

Note: FMLA is not available to care for parents-in-law, grandparents, or siblings.

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