Family Medical Leave Act
The Family and Medical Leave Act of 1993 (FMLA) gives certain job protections to employees when balancing work responsibilities with the demands of personal illness or injury or in caring for family members. If you or your employee need to be out for an extended period of time, please contact the Benefits Department at 974-2575. It also requires that employee's group health benefits be maintained during the leave.Eligibility
Employees are eligible if they have been employed by the University for at least 12 months and worked at least 1,250 hours in the 12 months preceding the absence. With proper documentation, eligible employees may receive up to 12 weeks of unpaid leave in a 12 month period for the following types of absences:
- An employee's own serious health condition
- The serious health condition of an employee's immediate family member
- Caring for a newborn or newly-placed adopted child or foster child
- Certain qualifying exigencies arising out of a covered military member's active duty status, or notification of an impending call or order to active duty status, in support of a contingency operation. Qualifying exigencies include:
- Issues arising from short notice deployment (seven or less days of notice)
- Military events and related activities, such as official ceremonies, programs, or events sponsored by the military or family support or assistance programs
- Certain childcare and related activities
- Making or updating financial and legal arrangements
- Attending counseling
- Taking up to five days of leave to spend time with a covered military member who is on short-term rest and recuperation leave
- Attending to certain post-deployment activities, including attending arrival ceremonies, reintegration briefings and events for a period of 90 days following the termination of active duty status and addressing issues arising from the death of a covered military member
- Any other event that the employee and employer agree is a qualifying exigency.
Qualifying exigency leave is only available to a family member of a military member in the National Guard or Reserves.
Additionally, eligible employees may qualify for up to 26 weeks of leave in a single 12-month period to care for a covered service member recovering from a serious injury or illness incurred in the line of duty on active duty. Eligible employees are entitled to a combined total of up to 26 weeks of all types of FMLA leave during the single 12-month period.
The University designates the FMLA calendar year as a 12-month period measured forward from the date of an employee's first FMLA event.
Responsible administrators will provide review and respond to employees FMLA requests within a reasonable time after notice of the need for leave is given by the employee—within five business days, if feasible. This response provides the specific obligations and expectations of a FMLA leave and any consequences of failure to meet the obligations.
The employee requesting leave:
- Must give the department at least 30 days notice of the leave, whenever possible.
- Must attempt to schedule a foreseeable leave so as not to unduly disrupt the department's operation.
- In the case of unexpected disability, must make a request as soon as practical.
- Obtains medical certification or other documentation needed to support request for FMLA absence.
Supervisors and Timekeepers
- Send employee FMLA requests or otherwise notify FMLA Administrator of employee absences that may be qualifying.
- Track and report FMLA qualifying absences.
Benefits Department - FMLA Administrator
- Review and respond to requests for leave that may be FMLA qualifying.
- Maintain University records of FMLA requests and action taken pursuant to those requests, including but not limited to initial requests, certifications, employer responses to requests.
- Advises administrators on how to inform employees about FMLA leaves and/or approves requests for leave.
- Advises administrators on how to document all leaves appropriately.
- Informs employees of FMLA leave requirements.
Eligible employees interested in FMLA should:
- Request from FMLA information and forms from their supervisor or the FMLA administrator.
- Complete the form as appropriate, and return the signed form as directed. If the leave is 'foreseeable', a 30-day advance notice is requested along with the completed forms. If such a notice is not provided, the leave could be denied.
Supervisors or responsible administrators should:
- Provide to employee requesting information the FMLA documentation within five business days of a request.
- Maintain appropriate documentation to support or deny a leave request.
- Require the employee to use, concurrently with the FMLA leave, paid leave, extended sick leave, and compensatory time.
In addition to approving an employee request for leave under FMLA, the Act allows an employer to place an employee on FMLA leave without a specific request. This can occur when the employer has cause to believe that the period of absence is FMLA-qualifying.
In such situations, the supervisors or responsible administrators should:
- Notify the employee that they are being placed on a FMLA leave when appropriate and provide them with the FMLA information and forms.
- Inform the employee how their accrued leave will be used: An employee is required to use concurrently with the FMLA leave, the following paid leaves in the order listed:
- Sick leave and Vacation leave, followed by
- Leave without pay.
- Complete the form as appropriate, and return the signed form to the supervisor for processing.
- FMLA leave must be recorded on the employee Leave Form.
More information about FMLA can be found on the United States Department of Labor website.
- FMLA Request Form: This form is to be completed by the employee who would like to request FMLA leave.
- Requirements for Employees Requesting FMLA: This form outlines FMLA actions for the employee applying for FMLA.
- Certification from Health Care Provider: This form is to be completed by the physician for the employee going out for a serious health condition.
- Certification for Family Member: This form is to be completed by the physician for the employee whose family member has a serious health condition.
- Birth of Child Form for Mother: This form is to be completed by the physician for the employee going out on maternity leave.
- Birth of Child Form for Father: This form is to be completed by the physician for the employee going out on paternity leave.
- Return to Work Authorization: This form is to be completed by the physician before the employee out on FMLA may return to work.
- Certification Military Leave: This form is to be completed by the employee who would like to request leave due to a military family member who is called into active duty.
- Certification of Illness for Military: This form is to be completed by the employee who would like to request leave to care for a military family member due to a serious injury or illness.