Family and Medical Leave

The federal Family and Medical Leave Act of 1993 (FMLA), entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. In cases where employees are eligible for both University sick pay or leave and FMLA leave, that leave time will run concurrently.

Under FMLA, employees are entitled to leave for the following reasons:

  • employee's serious health condition
  • birth or adoption of a child and to care for a newborn child
  • placement of a child with the employee for adoption or foster care
  • employee is needed to care for a child, spouse,* or parent with a serious health condition

*Note: NYU also provides the equivalent of FMLA protection for care of registered domestic partners.

For the duration of FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan.” Upon return from FMLA leave, an employee (unless designated as a “Key” employee who is salaried among the highest ten percent of employees within 75 miles of the worksite) must be restored to his or her original or equivalent position with equivalent pay, benefits, and other employment terms and conditions. The use of FMLA leave cannot result in the loss of any employment benefits that accrued prior to the start of an employee’s leave.

For more information, click on:

For NYU employees in Washington, D.C., click on:

See also Benefits During Leaves of Absence.

  1. Dates of official enactment and amendments: Not Available
  2. History: N/A
  3. Cross References: N/A