Family/Medical Leave of Absence
Policy #3.2020
Effective: 4/6/95
A Family/Medical Leave of Absence, FMLA, will be granted to an eligible employee who needs a leave of absence from work for one of the reasons covered by the federal law known as the Family and Medical Leave Act. Leaves will be without pay unless the employee is eligible for the paid benefit coverage described below. An eligible employee who takes FMLA leave will be guaranteed the right to return to his/her former position or an equivalent position if s/he remains in full compliance with the leave requirements, returns by the expiration date of the FMLA leave, is able to perform the essential functions of the position, and no independent cause for separation arises.
It is 91吃瓜网 University’s policy to comply with all requirements of the FMLA, as amended, and its implementing regulations. In the event of a conflict or inconsistency between this policy and the FMLA and its regulations, the FMLA and its regulations will control.
Because the FMLA, its regulations, and this policy are very detail-oriented and specific, questions regarding the FMLA should be directed to the Office of Human Resources.
Eligibility
Employees, including regular part-time employees, are eligible for FMLA leave after being employed by 91吃瓜网 for twelve months, provided they have worked at least 1250 hours in the twelve months before the requested leave would begin. For the purpose of counting the 12-month employment requirement, any portion of a week that the employee is on the payroll counts as a full week for FMLA eligibility. Employment does not have to have been continuous. Separate periods of employment in which the break in service exceeds seven (7) years will not be used to determine FMLA eligibility. Time in the military service covered under the Uniformed Services Employment and Reemployment Rights Act (USERRA) will count towards fulfilling the length of employment and hours of work requirements to be eligible for an FMLA leave.
For the 12 months immediately preceding the first day of the FMLA leave, the employee must have worked at least 1,250 hours. These hours must be actual work hours, not compensated hours. Hours using any type of paid time off benefits or holiday time do not count. The 1,250 hours worked requirement exists whenever an employee is applying for a new FMLA leave that has not been previously certified. The employee must have worked at least 1,250 actual work hours in the 12 months immediately preceding when the new leave would commence.
Finally, to be eligible, the employee must not have already taken 12 weeks of FMLA leave from the date the employee first took FMLA leave, provided that date was within the last 12 months.
Amount of Leave Available
For most types of leave, eligible employees can take up to twelve weeks of covered FMLA leave during the 12-month period used by the University to track leave. Note, however, that some forms of “qualifying exigency” leave are only available for shorter durations. Contact the Office of Human Resources for further detail about the availability of certain types of “qualifying exigency” leave.
For our plan purposes, the University will track leave in a 12-month period measured forward from the first day FMLA leave is used.
When an eligible employee takes FMLA leave to care for a family member injured during military duty (see more information on this type of leave below), the employee may take up to 26 weeks of leave during a single 12-month period that begins when the employee first goes out on leave for this purpose.
Covered Reasons for Leave
FMLA leave may be taken for any of the following reasons:
- the birth or adoption of a child, or the placement of a child with the employee in a foster care arrangement (leave for these purposes is available only during the first year following the child’s birth, adoption or foster placement);
- to care for a child, spouse, or parent who has a serious health condition;
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the employee’s own serious health condition;
- a qualifying exigency which occurs while the employee’s spouse, child, step-child, or parent is a member of a Reserve component or a retired member of the Regular Armed Forces or Reserves and is on active duty or on a Federal call to active duty. Qualifying exigencies to manage the servicemember’s affairs are described on the DOL form Certification of Qualifying Exigency for Military Family Leave, which is available from the Office of Human Resources; or
- to care for a covered servicemember with a serious injury or illness suffered in the line of active duty or an injury or illness that existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces. (See below for more information regarding this type of leave, for which an eligible employee may take up to 26 weeks of leave during a single 12-month period.)
- to care for a covered veteran with an injury or illness that was incurred or aggravated by the member in the line of duty on active duty in the Armed Forces and manifested itself before or after the member became a veteran, and is:
(1) A continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the servicemember unable to perform the duties of the servicemember’s office, grade, rank, or rating; OR
(2) A physical or mental condition for which the covered veteran has received a VA Service Related Disability Rating (VASRD) of 50 percent or greater and such VASRD rating is based, in whole or in part, on the condition precipitating the need for caregiver leave; OR
(3) A physical or mental condition that substantially impairs the veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service or would do so absent treatment; OR
(4) An injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.
Definitions and Related Information
“Serious health condition” means an illness or injury that involves an overnight stay in a health care facility and any subsequent treatment in connection with such stay; or, continuing treatment by a health care provider including any one or more of the following
- a period of incapacity of more than 3 consecutive, full calendar days and subsequent treatment by a health care provider in-person two or more times within 30 days of the first day of incapacity;
- treatment by a health care provider in-person on at least one occasion which results in a regimen of continuing treatment;
- pregnancy and prenatal care;
- chronic condition which requires visits at least twice a year for treatment by a health care provider over an extended period of time and may cause episodic rather than a continuing period of incapacity;
- permanent or long-term conditions; or
- conditions requiring multiple treatments by a health care provider, including recovery time.
Except for Qualifying Exigency leave and Military Caregiver leave described below, “family members” are defined as the employee’s spouse, parent or son or daughter (under the age of 18 or incapable of self care due to a disability). For these two types of military-related leave, an eligible employee may take leave related to a child’s military call-up (exigencies) or military injury (caregiver leave) even if the child is 18 or older.
Military Caregiver Leave
- Military Caregiver Leave is FMLA leave to care for a covered servicemember who has suffered serious injury or illness in the line of active duty or an injury or illness that existed before the beginning of the member’s active duty and was aggravated by service in the line of duty.
- A “covered servicemember” means a current member of the Armed Forces, National Guard or Reserves who is undergoing treatment, recuperation, is in outpatient status, or is otherwise on the temporary disabled list for a serious injury or illness incurred in the line of duty. The definition of “covered servicemember” also includes covered veteran or an individual who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran.
- An employee who has a qualified family relationship with a covered servicemember may take up to 26 weeks of leave during a single 12-month period. A qualified family relationship is a spouse, parent, child or next of kin. Contact the Office of Human Resources to determine if a qualified family relationship, such as “next of kin,” exists.
- The leave entitlement described in this paragraph applies on a per-covered servicemember, per-injury basis, such that an eligible employee may be entitled to take more than one leave if the leave is to care for a different covered servicemember or to care for the same servicemember with a subsequent serious illness or injury.
- An employee may have an FMLA leave for up to 12 weeks for one of the qualifying reasons covered above in the same 12-month period in which an FMLA leave is taken to care for a covered servicemember.
- No more than 26 weeks total of FMLA leave may be take within the single 12-month period that begins when an employee first takes Military Caregiver Leave.
The Office of Human Resources is responsible for coordinating all requests for FMLA leaves. Questions regarding eligibility status or whether your leave request is covered by the FMLA should be directed to the Office of Human Resources.
Process and Notification
An employee requesting FMLA leave must advise the University of his/her need for leave not less than 30 days prior to his/her scheduled leave. When it is not practicable under the circumstances to provide such advance notice, notice must be given “as soon as practicable”. The leave of absence shall be effective on the first day of the absence, regardless of pay status or the use of Short Term Disability Bank (STDB) or Paid Time Off (PTO) benefits. FMLA leave will run concurrently with
