Medical Leave

What is FMLA? 

The Family and Medical Leave Act (FMLA), a federal law, provides eligible employees with certain job and benefit protections when you take up to 12 weeks of FMLA time off or a leave of absence in a rolling 12-month period for any of the following reasons: 

• A serious health condition, either yours or an eligible family member’s 

• Eligible family members are spouses, children and parents.  

• Prenatal medical care or incapacity due to pregnancy and/or delivery 

• Time to bond with your new baby or newly placed adopted or foster child 

• Qualifying activities (exigencies) related to a family member’s military active duty 

• A serious injury or illness of a family member who is a current member of the armed forces or a veteran 

The HRS Medical Leave and Accommodation (MLA) unit determines when to designate a leave as “FMLA” based on the facts of each individual situation. You are responsible for providing enough information through the medical leave request so MLA can make the appropriate determination and provide you with your FMLA rights. 

To be eligible for leave under the Family and Medical Leave Act (FMLA), an employee must: 

• Have worked for the State of Washington for at least 12 months, and 

• Have worked for a Washington state agency at least 1,250 hours during the 12‑month period immediately preceding the start of the requested leave. 

• Paid and unpaid leave does not count towards the 1,250 hours – just actual hours of work.    

Not Eligible for FMLA? 

Employees who do not meet FMLA eligibility requirements may wish to review Disability Leave or Family Care Leave options. 

FMLA is not a type of accrued time off and does not come with paid leave. However, employees may choose to use accrued paid leave in accordance with their available leave balances or may be in, or elect to take Leave Without Pay (LWOP) while on FMLA. It is up to the employee to determine how to use their leave, and they may move in and out of paid status during FMLA leave, depending on available accruals.

Employer‑paid benefits will continue during the approved FMLA period.  

• If the employee is receiving pay during FMLA leave, employee premium contributions will be withheld from pay as usual. 

•  If the employee is using LWOP, or if insufficient paid leave does not cover all premiums, the University will continue to pay the employer portion of benefits, and the employee will be billed directly for their share of the benefit costs, or premiums will be collected from the earnings when they return to work, if premiums are outstanding and have fallen into arrears. 

• Once the 12 weeks of FMLA is exhausted, if the employee is going to continue to be on leave for a full calendar month or more, you would continue to be eligible for one additional month if you remain in pay status for at least eight hours on the first working day of that month.  (See “Disability Leave.”) If the eight hours of pay is not sufficient to cover insurance premiums, the employee will be billed for premiums due, or they will be collected when the employee returns to work. 

After this one additional month, an employee may not use eight hours of leave to maintain benefit eligibility.   

Please review the Workday reference guide titled Employee Request a Leave of Absence for step‑by‑step instructions.

Have the applicable health care provider complete the Health Care Provider Statement. 

For Bonding /Parental Leave, employees only need to provide documentation that reflects the family relationship (such as a birth announcement or certificate, placement documentation).

Send the completed Health Care Provider certification to Human Resource Services – Medical Leave and Accommodation.  Medical documentation should never be submitted to department. 

In Workday:

Once an employee has applied for and been approved for a Leave of Absence by the MLA unit, they will enter , the approved LOA designation on will appear on the employee’s Workday Absence Calendar for the duration of the leave. 

This designation applies whether the leave is taken on a full‑time, part‑time, or intermittent basis.  The employee will then access and use time‑off options that are specific to the approved LOA designation. 

Please note that, in some circumstances, WSU cannot allow an employee to return to work from a period of medical leave without the release of their Health Care Provider.  Before an employee’s return to work, they should complete and submit the Work Assessment / Return to Work form available on the

Under WSU leave provisions (UPPM 60.56 Faculty and Administrative Professional Personnel Leave and 60.57 Civil Service Leave) employees who are unable to perform their job duties duties due to a disability may be eligible up to four months of Disability Leave,that will run concurrently with FMLA if on that leave provision.
In other words, if on FMLA, eligible employees are eligible for one more month of Disability Leave after the FMLA entitlement is exhausted.  Disability Leave may only be taken on a full-time basis.

Disability Leave only covers leave for employee’s medical conditions and is not available to use for family members.  

Civil Service, Administrative Professional and Faculty employees are eligible for Disability Leave. Bargaining unit employees are to refer to the appropriate collective bargaining agreements. 

Employees may use accrued sick leave, annual leave, compensatory time, personal holiday and leave without pay while on Disability Leave.

To maintain eligibility for continuation of employer‑paid benefits, employees would need to are required to use a minimum of eight (8) hours of accrued paid leave per month while on Disability Leave. The required eight hours of paid leave must be used on the first working day of the month. 

If the Disability Leave is taken due to pregnancy or childbirth, an employee may move in and out of pay status within the same month. 

If the Disability Leave is not related to pregnancy or childbirth, an employee may not move in and out of paid status and must remain either in paid or unpaid status for the month, except being able to use 8 hours of leave on the first working day of the month to maintain benefit eligibility.

To apply for Disability Leave, request a Leave of Absence in Workday. Review the Workday reference guide Employee Request a Leave of Absence. The health care provider continues to complete the Health Care Provider Statement. 

In Workday: Employees who have applied and are approved for a LOA, will see the approved LOA “designation” on their Absence Calendar for the duration of the LOA, whether it be needed on a full-time part-time or intermittent time off basis. This designation allows a person on the designated leave(s) to have access to and utilize time offs specific to that LOA designation.