Family Medical Leave (FMLA)

Family medical leave is available for eligible employees to use for qualifying reasons.  Please contact Human Resources and Payroll for further information. 


Employees are eligible if they have worked for NDSU for 12 months (need not be consecutive) and have worked at least one thousand two hundred fifty (1,250) hours for the employer in the 12 months preceding the leave.

Reasons for Taking Leave

  • To care for the employee’s child after birth, or placement for adoption or foster care;
  • For incapacity due to pregnancy, prenatal medical care or child birth;
  • To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition;
  • For a serious health condition that makes the employee unable to perform the employee’s job;
  • Any qualifying exigency arising out of the fact that the spouse, son, daughter or parent of the employee is on active duty or has been notified of an impending call to active duty status;
  • To care for a service member who is recovering from a serious illness or injury sustained in the line of duty on active duty that is a spouse, son, daughter, parent or next of kin (This entitles the employee to up to 26 weeks of leave in a single 12 month period)

Length of Leave

Up to 12 weeks for authorized reasons (26 weeks in a single 12 month period for the care of a covered service member)


Family Medical Leave (FMLA) FAQ's

Q:   Do I have to exhaust my sick and/or vacation leave prior to using FMLA?
A:    Yes, you are required to exhaust all applicable paid leave before using unpaid FMLA.  All paid leave will run concurrent with the employee's FMLA time. 

Q:   How much sick leave can I use when I am taking leave for the birth of a child?
A:    Typically 6 weeks is the amount of time that medical providers indicate is needed to recover from child birth.  If an employee needs to use sick leave for more than 6 weeks following the birth of the child, NDSU will require medical documentation from the patient's provider.  Following the period of time that sick leave is taken, annual leave would be used until exhausted.  At that time, if the 12 weeks of FMLA leave has not been exhausted, the employee could switch to unpaid leave to fulfill the remainder of their FMLA time. 

Q:   Can I take intermittent FMLA for the care of my child?
A:    The law allows an organization to determine whether or not to permit the use of intermittent leave for an employee to care for their child.  NDSU has made the determination that individual departments will be the best judge as to whether an intermittent leave will work in their area.  Therefore, the decision to allow or deny the use of intermittent leave for the care of a child is made by the department of the requesting employee.  

Q:    At what point do I complete FMLA paperwork for the birth of my child?
A:    You may request the paperwork at any point; however, allowing a few months prior to the expected delivery date is beneficial for planning and processing time.

Q:    Who can I contact if I have additional FMLA questions?
    For additional information on Family Medical Leave, please contact Human Resources and Payroll at (701) 231-8961 or email us at

Top of page