Employee eligibility
Eligible employees who have a qualifying event and provide appropriate notice and
requested certification(s) are entitled to a total of 12 weeks of unpaid, job-protected
leave and health insurance continuation during a rolling 12-month period, except military
caregiver leave which can be up to 26 weeks. The minimum requirements for an employee
to be eligible for FML:
- Worked for the university for at least 12 months;
- Worked at least 1,250 hours in the 12 months prior to when the leave will commence;
- Has not used all available FML in the 12 months prior to when the leave will commence;
and
- Has a qualifying event.
Qualifying event
- A qualifying event under FMLA includes:
- Birth and care of the employee’s newborn child;
- Placement of a child with the employee for adoption, or by the state for foster care;
- To care for the employee’s spouse, sponsored dependent, child or parent with a serious
health condition (this does not include in-laws);
- The employee’s own serious health condition that prevents him or her from performing
the employee’s job;
- “Any qualifying exigency” for an employee’s spouse, sponsored dependent, child or
parent on active military duty or being called to active military duty; or
- Caring for a spouse, sponsored dependent, child, parent or next-of-kin who is a member
of the Armed Forces and who is undergoing medical treatment, recuperation or therapy for
a serious injury or illness suffered in the line of duty on active duty.
Amount and timing of leave
Eligible employees may take up to 12 weeks of FML during a rolling 12-month period
for the first five qualifying events above. Only military caregiver leave, the 6th
qualifying event above, provides an entitlement to 26 weeks. The 12-month period is
defined as the 12 months prior to when the leave will commence. Eligible employees
may take leave in the following manner:
- Family leave for the birth or adoption of a child must be taken within 12 months of
the birth or adoption of the child.
-
Leave for birth or adoption shall normally be limited to one consecutive leave period;
it may not be taken on an intermittent or reduced time basis, (e.g., every other day
or a couple of hours every day). However, if the employee is approved by a health
care provider and their supervisor to work on an intermittent basis during the 12-week
period, the employee must submit a “fitness for duty” certification from the health
care provider, verifying the employee’s ability to return to work, with or without
restrictions. The employee cannot work from home unless approved under the Telecommuting
policy (4.11).
- As consecutive weeks or on an intermittent basis when medically necessary, or for
qualifying exigencies. Employees must attempt to schedule intermittent leave to minimize
disruption of normal operations
Employee request and notice
The Family and Medical Leave Act not only mandates certain protections and benefits
for employees who apply for it, but also specifies that it is the employer's responsibility
to determine when an employee's absence should be considered as protected leave under
this law. Thus, the University has the legal authority to consider an employee's absence
as family and medical leave when it has sufficient evidence that the absence is due
to an FMLA-qualifying reason, or the circumstances of the absence are such that the
University should reasonably suspect that the absence is for an FMLA purpose, even
if the employee has not applied for family and medical leave. The Office of Human
Resources will notify the employee in writing and the necessary paperwork provided
to the employee for completion.
How to request FML
- An employee requesting leave under the FMLA provision must contact the Office of Human
Resources, will complete a FMLA Leave Request form or letter of request and submit
it to the Office of Human Resources and a copy to his/her department head. The Office
of Human Resources who will inform the employee about the procedure and the need to
submit complete and sufficient supporting medical and/or military documentation. The
If the University requires medical certification to support a request for Family and
Medical Leave, the employee will have 15 calendar days from the date he/she receives
the FMLA packet from the Office of Human Resources to provide the University with
such certification. Failure to provide the medical certification may result in a delay
or denial of the requested leave. The Office of Human Resources shall has final approval
of all family leave requests.
- When leave is foreseeable, an employee must give the university 30 days advance notice.
- In addition, when foreseeable leave is for planned medical treatment, the employee
must make a reasonable effort to schedule the treatment so as not to unduly disrupt
the University's operations. If it is not possible to provide 30 days notice, as much
notice as is practical must be provided.
- An employee on leave is required to report any change in his/her status, duration
of leave or intent to return to office of human resources. During the leave, the university
may require periodic recertification supporting the need for leave.
Pay and benefits during leave
The office of human resources will promptly inform the employee of the status of pay
and benefits.
Pay guidelines
-
The Office of Human Resources will promptly inform the employee of the status of pay
and benefits. FML is unpaid; however, the employee is required to use their accrued
paid leave (vacation, sick leave, or compensatory time) concurrently with FML during
the absence. An employee electing to use any type of paid leave concurrently with
FML must follow the same terms and conditions of the leave policies that apply to
other employees for use of paid leave.
If an employee does not have accrued paid leave available, the FML will be unpaid.
While on an unpaid FML, employees will not accrue sick or vacation time during a month
in which they have not been paid for 80 or more hours. Additionally, employees on
FML may not be paid for a holiday(s) that occurs during the period that they are on
Family and Medical Leave. While on leave, in order to be paid for the holiday(s),
an employee must use accrued time the day before the holiday occurs. For purposes
of determining the amount of leave used by an employee, the fact that a holiday may
occur within the week taken as FMLA leave has no effect; the week is counted as a
week of FMLA leave. However, if an employee is using FMLA leave in increments of less
than one week, the holiday will not count against the employee's FMLA entitlement
unless the employee was otherwise scheduled and expected to work during the holiday.
Similarly, if for some reason the University’s business activity has temporarily ceased
and employees generally are not expected to report for work for one or more weeks
(e.g., Christmas break), the days the employer's activities have ceased do not count
against the employee's FMLA leave entitlement.
- An employee electing to use any type of paid leave concurrently with FML must follow
the same terms and conditions of the leave policies that apply to other employees
for use of paid leave.
- While on an unpaid FML, employees will not accrue sick or vacation time during a month
in which they have not been paid for 80 or more hours.
- Employees on FML will not be paid for a holiday(s) that occurs during the period that
they are on leave.
Continuation of benefits
- For the duration of the approved FML, the University will maintain the employee’s
benefits at the same level and under the same conditions as if the employee had continued
work. The employee is required to continue to pay his/her contribution to dependent
insurance or other elective benefit costs.
- If on paid leave, premiums will be deducted from pay as usual.
- If some or all of the leave will be without pay, information on how and when to make
premium payments will be provided to the employee. If necessary, employees will be
allowed to discontinue coverage and be reinstated to the plan, if they return to work
on or before expiration of the Family and Medical leave.
- If the employee does not return to work with the University, or returns for less than
a period of 30 days after the leave has ended, the employee will owe the University
the cost of any benefits provided during the entire duration of the Family and Medical
Leave, including the employer contribution to the employee’s health benefits.
- No such amount shall be owed if there is a reoccurrence or onset of a serious health
condition, or if, in the opinion of the university, there is a change of circumstances
beyond the employee’s control.
Return to work
- Employees should notify the Office of Human Resources of their intent to return to
work two weeks prior to the anticipated date of return, or of any medically necessary
changes in the date of return.
- If the leave was due to a serious health condition as defined by the FMLA, the University
will require a “fitness for duty” certification from the health care provider, verifying
the employee’s ability to return to work, with or without restrictions.
- Employees may also be required to submit to a medical examination before returning
to work.
- If employees return to work on or before the expiration of available FML, they will
normally be returned to their former position or an equivalent job. If, however, they
do not return at the expiration of FML, there is no guarantee of reinstatement.
