HR-407 Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) is a federal law that provides employees the right to take a leave of absence for family, medical reasons, and leave for military families while maintaining job protection.
Any individual who has been employed by the University for a total of at least 12 months at the time of the leave of absence, and has worked at least 1250 hours in the 12-month period preceding the leave is eligible for a family or medical leave. (Special limitations may apply to highly compensated employees.)
The maximum leave permitted during a 12-month period is 12 weeks for eligible employees under all general leave conditions. The maximum leave permitted during a 12-month period is 26 weeks for eligible employees under covered service member leave or general and covered service member leave conditions combined.
The University will provide up to 12 work weeks of leave within any 12-month period for any of the following reasons:
Birth of an employee's child(ren); adoption of a child by the employee, or official placement of a child with the employee for foster care (leaves for birth or adoption must be taken within 12 months of the event); care of a son, daughter, spouse or parent (not parent-in-law) having a serious health condition; and incapacity of an employee as a result of a serious health condition. Leave for the care of an adult son or daughter (at least 18 years old) is not covered unless required as a result of "mental or physical disability" as those terms are defined under the Americans with Disabilities Act.
A qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent has been notified of an impending call or order to federal active duty in the Reserve or National Guard. Qualifying exigency leave may be taken for an adult son or daughter, including the employee’s biological, adopted or foster child, stepchild and legal ward.
Covered Service Member Leave
An eligible employee who is the spouse, son, daughter, parent, or nearest blood relative of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty and is actively receiving medical treatment, is entitled to up to 26 weeks of leave in a single 12-month period to care for the service member. The University requires medical certification from the military to certify that the service member is recovering from a serious illness or injury sustained in the line of duty on active duty and is actively receiving medical treatment.
The University requires a 30-day notice if the leave is foreseeable. For unforeseen circumstances, the University requires as much notice as is practicable.
Accrued vacation time and other paid leave programs, as appropriate under University policies, must be used as part of the leave period. Once vacation time and other paid leave programs are exhausted, FMLA leaves are without pay.
The University requires the health care provider to certify the necessity of the medical leave. Medical leave will be limited to the duration of the serious health condition, as defined by FMLA. Medical certification, provided by the military, is required for leave to care for a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty and who is actively receiving medical treatment. For a qualifying exigency, the University may require a copy of the covered military member’s active duty orders and certification providing the appropriate facts related to the qualifying exigency.
An employee may take intermittent leave or leave on a reduced work schedule if medically necessary for his/her own serious health condition or the serious health condition of an immediate family member. Intermittent leave may also be taken for covered service member leave or a qualifying exigency. An employee who takes intermittent leave must make a reasonable effort to schedule such leave so as not to unduly disrupt University operations. Such leave is not available for birth, adoption or foster care.
The University will continue benefit programs in which an employee was enrolled at the time of FMLA leave. In order for the coverage to be continued, the employee will be responsible for his/her portion of the cost. If an employee does not return from a leave or returns to employment but does not remain for a minimum period of thirty (30) days, he/she must reimburse the University for the cost of benefits coverage during the leave unless the reason for failure to return is due to a continuing serious health condition, either his/her own or a family member's, or because of other circumstances beyond the employee’s control.
Employee contributions to the University’s Retirement, Disability and Death Benefit Plan will not be required for periods for which no salary is paid. Employee contributions will, however, be required for leave of absence periods that are recognized as service credit under the plan for which partial or full salary is paid.
Return to Work
A health care provider's certification may be required for return to work from the employee's own serious health condition. The department will return the employee to the same position he/she had before the leave or an equivalent position. The employee will be provided the level of benefits and seniority he/she had before the leave started.
Date Created: 9/26/97
Last Updated: 7/01/09