Employee eligibility
Eligible employees who experience a qualifying event and provide proper notice and
required certification(s) are entitled to up to 12 weeks of unpaid, job-protected
leave with continued health insurance coverage within a rolling 12-month period. Military
caregiver leave may extend up to 26 weeks.
To qualify for FML, an employee must:
- Have worked for the university for at least 12 months,
- Have worked at least 1,250 hours in the 12 months prior to the start of leave,
- Have not exhausted their available FML within the past 12 months, and
- Have a qualifying even
Qualifying event
Amount and timing of leave
Eligible employees may take up to 12 weeks of FML within a rolling 12-month period
for qualifying events. The 12-month period is measured as the 12 months prior to the
start of the leave.
Leave for the birth or adoption of a child must be used within 12 months of the event
and is generally taken as one continuous leave period. It cannot be taken on an intermittent
or reduced schedule (e.g., every other day or for a few hours each day) unless approved
by both a health care provider and the employee’s supervisor. If intermittent leave
is approved, the employee must provide a “fitness for duty” certification from their
health care provider before returning to work.
Employees may take FML as consecutive weeks or intermittently when medically necessary
or for qualifying exigencies. They should make efforts to schedule intermittent leave
in a way that minimizes disruption to normal operations. Appropriate accommodation
requests will be reviewed on a case-by-case basis.
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 must contact the Office of Human Resources
and complete an FMLA Leave Request form or submit a letter of request. This form should
be submitted to both the Office of Human Resources and the employee’s department head.
The Office of Human Resources will explain the procedure and inform the employee about
the need for complete and sufficient supporting medical and/or military documentation.
If medical certification is required to support the leave request, the employee has
15 calendar days from receiving the FMLA packet from Human Resources to submit the
necessary documentation. Failure to provide the required medical certification may
result in a delay or denial of leave. The Office of Human Resources has final approval
authority for all family leave requests.
When leave is foreseeable, employees must provide the university with 30 days' advance
notice. If leave is for planned medical treatment, employees must make a reasonable
effort to schedule the treatment in a way that minimizes disruption to the university’s
operations. If 30 days' notice is not possible, as much notice as is practical must
be given.
Employees on leave are required to report any changes in their status, duration of
leave, or intent to return to work to the Office of Human Resources. The university
may also require periodic recertification during the leave to support the ongoing
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 inform the employee about the status of pay and
benefits. FML is unpaid, but employees must use any available accrued paid leave (vacation,
sick leave, or compensatory time) concurrently with FML during their absence. Employees
must follow the same leave policies as other employees when using paid leave.
If no paid leave is available, FML will be unpaid, and employees will not accrue sick
or vacation time during months when they are paid for fewer than 80 hours. Employees
on FML will not be paid for holidays during their leave unless they use accrued leave
the day before. Holidays occurring during FML are counted as leave, except when leave
is taken in increments of less than one week.
For more details, refer to the university’s FMLA and Leave policies.
Continuation of benefits
During the approved FML, the University will maintain the employee’s benefits at the
same level and under the same conditions as if they had continued working. The employee
is required to continue paying their share of dependent insurance or other elective
benefit costs.
If on paid leave, premiums will be deducted from pay as usual. For unpaid leave, the
employee will receive information on how and when to make premium payments. If necessary,
employees may choose to discontinue coverage and be reinstated if they return to work
on or before the expiration of FML.
If the employee does not return to work, or returns for less than 30 days after the
leave ends, they will owe the University for the cost of benefits provided during
the leave, including the employer's contribution to health benefits. No payment will
be required if the employee’s absence is due to a recurrence or onset of a serious
health condition, or other circumstances beyond the employee’s control, as determined
by the University.
Return to work
Employees should notify the Office of Human Resources of their intent to return to
work at least two weeks before the anticipated return date or if any medically necessary
changes occur.
If the leave was due to a serious health condition, the University will require a
“fitness for duty” certification from the health care provider confirming the employee's
ability to return to work, with or without restrictions. Employees may also be required
to undergo a medical examination before returning to work.
If employees return to work on or before the expiration of their FML, they will generally
be reinstated to their former position or an equivalent role. However, if they do
not return by the end of the FML, there is no guarantee of reinstatement.