The University System of Georgia uses a “rolling” 12-month period (rather than a fixed calendar, fiscal, or academic year) to determine eligibility for, and availability of, leave time under FMLA. The 12-month period during which twelve weeks of family leave may be taken shall begin on the first day such family leave is taken. For example, if family leave begins August 1, 2002, the 12-month period is from August 1, 2002 until July 30, 2003.
An employee generally has a right to return to the same position, or an equivalent position in terms of pay, benefits, and working conditions. Certain “key employees” may be denied job restoration if they are among the highest-paid 10% of employees and if such denial is necessary to prevent substantial and grievous economic injury to the operations of the employer.
Births and Adoptions under FMLA
- Intermittent leave or a reduced work schedule may be granted for well-child care after the birth, adoption, or placement of a child at the discretion of the institution.
- Spouses employed by the University System of Georgia are jointly entitled to a combined total of twelve work weeks of family leave for the birth and care of a newborn child, for the placement of a child for adoption or foster care, or for the care of a parent who has a serious health condition.
- Entitlement to this feature of FMLA leave expires at the end of the 12-month period that began on the date of the birth or placement. Any such FMLA leave must be concluded within this one-year period.