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About the Family and Medical Leave Act

Resources

Quick Reference Guide for Timekeepers

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. Additional information on FMLA can be found below.


Eligibility

Anyone employed by the University for at least 12 months who has worked at least 1250 hours in the 12-month period preceding is eligible for a family or medical leave if needed. Please note, special limitations for FMLA may apply to highly compensated employees. Eligible employees may apply for FMLA when:

  • A health care provider determines you’re unable to work due to illness, injury or pregnancy.
  • You must care for a family member with a serious health condition.
  • You need to care for a child due to birth, adoption or foster care placement.
  • You have a qualifying exigency leave because a spouse, son, daughter or parent is on covered active duty (or has been notified of an impending call/order).
  • You need to care for a spouse, child, parent or next of kin who is undergoing medical treatment, recuperation or therapy, is in outpatient status or is on the temporary disability retired list for a serious illness or injury incurred or aggravated in the line of duty on active duty.
  • Leave that may be covered by applicable state leave laws.

Learn more about eligibility in Collected Rules and Regulations, 340.010 Family and Medical Leave. Employees who are not eligible for FMLA may have additional leave options. Learn more by accessing HR-408.

Duration

An eligible employee may take up to twelve (12) workweeks of leave in a 12-month period for one or more of the reasons:

  • The birth of a child or placement of a child with the employee for adoption or foster care; leaves for birth or adoption must be taken with 12-months of the event.
  • To care for the employee’s spouse, son or daughter, parent, sponsored adult dependent, or the child of a sponsored adult dependent with a serious health condition, as certified by a health care provider.
  • For a serious health condition that makes the employee unable to perform the essential functions of the employee’s job, or
  • For any qualifying exigency arising out of the fact that an employee’s spouse, son or daughter, parent, sponsored adult dependent, or a child of a sponsored adult dependent is a military member on covered active duty or call to covered active duty status in the Armed Forces in support of a contingency operation.

An eligible employee may also take up to 26 workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness, when the employee is the spouse, son or daughter, parent, sponsored adult dependent, child of a sponsored adult dependent or next of kin of the covered service member. The single 12-month period for military caregiver leave is different from the 12-month period used for other FMLA leave reasons.

Intermittent and reduced schedule leave may be available in certain circumstances. If an employee has exhausted eligible FMLA leave, they may have additional leave options. Learn more by accessing HR-408.

Applying for FMLA

If you are eligible for FMLA and need to file a leave request, reach out to Unum, our FMLA leave administration partner, by telephone or via the Unum website. For information you will need to file your claim or for details on the process, see Filing a Request with Unum. A Spanish-language version of the handout is also available for your use.

Contact Unum:

  • Telephone: (866) 779-1054
  • Fax: (800) 447-2498
  • Hours: Monday - Friday, 7 a.m. - 7 p.m. Central

When you determine you will require FMLA, be sure to notify your manager or supervisor of your absence from work, as well.

Pay and Benefits

Accrued vacation, sick and personal days 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 maintains its portion of health insurance coverage for an employee on FMLA leave whenever such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work.

Reference Materials

Supervisor, manager and timekeeper information on working with our vendor partner, Unum, is available in the FMLA Transition Process Handout or the additional FMLA Resources Handout.

FAQs

For additional information, access HR-407 Family and Medical Leave Act, or review frequently asked questions regarding FMLA on our Family and Medical Leave Act Q&As.

How do I report my intermittent leave time?

  • Contact your supervisor. Employees must continue to comply with normal call-in procedures for their department/unit.
  • Notify Unum. You will also need to notify Unum to report the absence. All intermittent absences must be reported to Unum within 5 calendar days; otherwise, your absence may not be protected under the FMLA.
  • Complete your timesheet. Finally, you need to record your absence on your timesheet with appropriate FMLA reporting codes; otherwise, the absence may not be paid.

How do I check my leave entitlement?

FMLA entitlement balances may be reviewed by contacting Unum directly, visiting the Unum website (www.unum.com), or downloading the Unum mobile application for your Apple or Android device.

Am I required to set up an account with Unum?

No, you are not required to set up an account with Unum, however if you would like to check your leave balance via the Unum website, you will need to set up an account online by securely registering at www.unum.com. You can also use Unum’s mobile application for Apple and Android devices.

How do I review notifications I received from Unum about my leave?

You may contact Unum, visit the Unum website or use Unum’s mobile application for your Apple or Android device.

How will my paid time off be applied during my leave?

For information about paid time off during Expanded FMLA Leave under the Families First Coronavirus Response Act, see HR-700 Enhanced HR Policies for Employees in Response to COVID-19.

For all other FMLA leave see below:

Unless otherwise requested, administrative, service and support staff and certain non-regular academic employees’ paid time off will be applied in the following order:

  1. Sick leave
  2. Vacation leave
  3. Personal leave
  4. Other as available (comp time, winter break leave)
  5. Once paid time off is exhausted, FMLA leaves are without pay.

 

If you would like your paid time off to be applied in a different order, please make your request to the UM System Leave Team at umleaveadmin@umsystem.edu as soon as possible. Faculty will receive paid FMLA leave as defined in CRR 340.070. The following order will be submitted for paid leave, with no exceptions:

  1. The available balance of paid FMLA leave will be paid first;
  2. Once FMLA leave is exhausted per CRR 340.070, faculty must use the four (4) weeks of annual leave (defined as 20 days each year) per CRR 320.070.
  3. Once all paid leave is exhausted, FMLA leaves are without pay.

 

How do I know if I am eligible for FMLA?

Call Unum’s Leave Management Center or review HR-407 Family and Medical Leave Act on the UM System Human Resource’s website.

What do I need to provide to return to work after my leave?

Leave for your own health condition will require you to present a Fit for Duty certificate to your supervisor, manager or director as a condition of being restored to employment.

Can I return to work early after using FMLA?

If your physician determines you are able to return to work sooner than your original estimated return to work date, notify Unum’s Leave Management Center at least two business days before the date you intend to report for work. Leave for your own health condition will require you to present a Fit for Duty certificate to your supervisor, manager, or director from your physician upon your return.

What if I need to extend my leave beyond the period that was originally approved?

Notify your manager of your need and call Unum’s Leave Management Center as soon as possible. You will be required to provide additional certification of the health condition.

If accommodations are needed to navigate Unum resources, please contact your campus Benefit/Retirement Specialist (HR Generalist).

Reviewed 2020-06-17