Missouri State University provides Family and Medical Leave (FML) in accordance with the federal Family and Medical Leave Act (FMLA) of 1993 and its amendments. Eligible employees can take unpaid, job-protected leave for qualifying events.
For full details, refer to policy G7.02-7 Leave Benefits. Any discrepancies will be resolved according to the policy and federal regulations (29 CFR Part 825), as noted in the DOL poster.
A qualifying event under FMLA includes:
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.
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.
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.
The office of human resources will promptly inform the employee of the status of pay and benefits.
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.
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.
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.