As a sponsoring institution for the Department of State’s Exchange Visitor (EV) Program, Emory has a responsibility to our J-1 Exchange Visitors who may need to take Family Medical Leave (FMLA) or non-FMLA Leave. ISSS has established a Family or Medical Leave Policy that mirrors Emory’s FMLA and non-FMLA Medical Leave Policies for all of Emory's J-1 EVs.
Whether you are a benefits-eligible Emory employee, self-funded, or funded by an outside agency, government, or institution, you are permitted to request family or medical leave. Furthermore, the policy has been instituted with your obligation to maintain valid J-1 non-immigrant status in mind. Since you hold J-1 non-immigrant status, you are temporarily in the U.S. to participate in an EV program. You are obligated to follow the rules and regulations governing your J-1 status, which includes making timely progress toward the completion of your EV program. Failure to maintain status results in your EV program being terminated, and you would be required to depart the U.S. Therefore, you and your department will be required to sign off on a compliance statement asserting that this leave will not delay the completion of your EV program.
Family or Medical Leave can be requested for up to but no more than 12 weeks during the course of your EV program. If additional time is required, then you, your department, and ISSS must discuss what other options are available for you to legally remain in the U.S., or whether you will need to depart the U.S. and perhaps return at some future time to complete your EV program.
Departments may initiate a leave request in ISSS Link. Documentation regarding the reason for the leave as well as a formal letter from the department granting permission for the leave will be required. Furthermore, if you are funded by a source other than Emory, that source must write a letter approving the leave with assurance that it will continue funding you for the duration of the leave. Except for extreme emergencies, these requests should be submitted by your department in a timely fashion and in advance of the leave.
If you are employed by Emory University and have been approved for FMLA, then your department should upload copies of the Emory University FMLA Designation Notice and Notice of Eligibility and Rights & Responsibilities (Family Medical Leave Act) into the Family or Medical Leave e-form.