Family and Medical Leave

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.}

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Refer to Policy: 7.7 Family and Medical Leave

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 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 foster care.
- Caring for a spouse, sponsored dependent, child, or parent (excluding in-laws) with a serious health condition.
- The employee’s own serious health condition that prevents them from performing their job.
- A qualifying exigency related to a spouse, sponsored dependent, child, or parent on active military duty or being called to active duty.
- Caring for a spouse, sponsored dependent, child, parent, or next-of-kin who is a member of the Armed Forces and is undergoing medical treatment, recuperation, or therapy for a serious injury or illness incurred in the line of duty.

Amount and timing of leave

Eligible employees may take up to 12 weeks of Family and Medical Leave (FML) within a rolling 12-month period for qualifying events. This 12-month period is measured by looking back at 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 typically 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 granted, the employee must provide a “fitness for duty” certification from their health care provider before returning to work.

Employees may take FML consecutively or intermittently when medically necessary or for qualifying exigencies. Efforts should be made to schedule intermittent leave in a way that minimizes disruption to normal operations. Requests for accommodations will be reviewed on a case-by-case basis.

Employee request and notice

The Family and Medical Leave Act (FMLA) not only mandates certain protections and benefits for eligible employees but also places the responsibility on the employer to determine when an employee’s absence qualifies as protected leave under the law. The University has the legal authority to designate an employee’s absence as FMLA leave if there is sufficient evidence that the absence is due to an FMLA-qualifying reason or if the circumstances reasonably suggest it may be for an FMLA purpose, even if the employee has not formally requested leave. The Office of Human Resources will notify the employee in writing and provide the necessary paperwork for completion. If an employee is unable to initiate the request, their department should notify Human Resources if the absence exceeds three days and may qualify for FMLA.

How to request FML

An employee requesting leave under the Family and Medical Leave Act (FMLA) must contact the Office of Human Resources and submit a FMLA Leave Request form or a written request. This request should be provided to the Office of Human Resources. Human Resources will guide the employee through the process and inform them of the need for complete and sufficient supporting medical and/or military documentation.

If medical certification is required, the employee must submit the necessary documentation within 15 calendar days of receiving the FMLA packet from Human Resources. Failure to provide the required certification may result in a delay or denial of leave. The Office of Human Resources has final approval authority for all FMLA leave requests.

For foreseeable leave, employees must provide the university with at least 30 days' advance notice. If the leave is for planned medical treatment, employees should make a reasonable effort to schedule it in a way that minimizes disruption to university operations. When 30 days' notice is not possible, employees must provide as much notice as is practical.

Employees on leave are required to notify the Office of Human Resources of any changes to their leave status, duration, or intent to return to work. Additionally, the university may require periodic recertification during the leave to verify 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 notify the employee about the status of their pay and benefits. While FML is unpaid, employees are required to use any available accrued paid leave (vacation, sick leave, or compensatory time) concurrently with FML. When using paid leave, employees must follow the same leave policies as other staff.

If no paid leave is available, the employee’s FML will be unpaid, and they will not accrue sick or vacation time during any month in which they are paid for fewer than 80 hours. Additionally, employees on FML will not receive holiday pay unless they use accrued leave on the workday before the holiday.

For further details, please refer to the university’s FMLA and Leave policies.

Continuation of benefits

During an approved FML period, the University will maintain the employee’s benefits at the same level and under the same conditions as if they were actively working. The employee must continue paying their share of dependent insurance or other elective benefit costs.

If the employee is on paid leave, premiums will be deducted from their paycheck as usual. For unpaid leave, the employee will receive information on how and when to submit premium payments. If necessary, employees may choose to discontinue coverage and have it reinstated upon returning to work on or before the expiration of their FML.

If an employee does not return to work or returns for fewer than 30 days after their leave ends, they will be responsible for reimbursing the University for the cost of benefits provided during the leave, including the employer’s contribution to health insurance. However, no repayment will be required if the failure to return 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 at least two weeks before their anticipated return to work or as soon as possible if any medically necessary changes affect their return date.

If the leave was taken due to a serious health condition, the University requires a “fitness for duty” certification from the employee’s health care provider confirming their ability to return to work, with or without restrictions. In some cases, employees may also be required to undergo a medical examination before resuming their duties.

Employees who return to work on or before the expiration of their FML will generally be reinstated to their previous position or an equivalent role. However, if they do not return by the end of their FML, reinstatement is not guaranteed.