Family and Medical Leave (FMLA) - Staff

Process for Staff

Eligibility

In order to be eligible for family and medical leave under this policy, the staff member must meet both of the following conditions:

  • The staff member must have worked for the institution at least 12 months, or 52 weeks. The 12 months (or 52 weeks) need not have been consecutive.
  • The staff member must have worked at least 1,250 hours during the 12-month period immediately preceding the date the leave would begin.

Types of FMLA Leave

In order to qualify as FMLA leave under this policy, the staff member must be taking leave in connection with one of the reasons listed below:

Basic Leave Entitlement

  • for incapacity due to pregnancy, prenatal medical care or child birth;
  • to care for the staff member’s child after birth, or placement for adoption or foster care;
  • to care for the staff member’s spouse, domestic partner, son, daughter or parent, who has a serious health condition;
  • for a serious health condition that makes the staff member unable to perform the employee’s job

Employee Rights Under the FMLA​​​​​​​

Military Family Leave Entitlements

  • Eligible employees whose spouse, son, daughter or parent is on covered active duty or call to covered active duty status may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
  • FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is:(1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness*; or (2) a veteran 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, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.*

*The FMLA definitions of “serious injury or illness” for current service members and veterans are distinct from the FMLA definition of “serious health condition”.

Ordinarily, FMLA leave will run concurrently with any applicable paid leave to which the staff member may be entitled. Staff members who work less than 100 percent of a full work schedule will have their leave eligibility prorated to reflect their actual work schedule (i.e. a staff member who normally works 3 days per week will be eligible for up to 12 weeks based on the number of hours typically worked during those three days). The institution will measure the twelve (12) month period as a rolling twelve months measured backwards from the date the staff member’s FMLA leave is to begin. Note that in the case of leave in connection with the birth, adoption or foster care placement of a child, or for the care of a parent with a serious health condition, where spouses or domestic partners are employed by the University the spouses or domestic partners are entitled to a combined total of 12 weeks’ FMLA leave for these reasons.

Job and Benefits Protection

Generally, a staff member who takes leave is entitled to be reinstated to his or her previous position or an equivalent position with equivalent benefits, pay and other terms and conditions of employment. If a staff member is on FMLA leave due to his or her own serious health condition, a fitness-for-duty certification will be required from the staff member’s treating health care provider following any FMLA-covered leave.

While out on leave, the staff member will be responsible to continue to contribute his/her portion of related health insurance costs. For leave that is compensated, the related premiums will continue to be deducted from normal paychecks.  During periods of unpaid leave, the employee contribution can be pre-paid or billed through the Bursar’s Office. The institution will continue to make normal payments for life insurance and long term disability insurance.  Retirement contributions will be prorated based on hours worked or a prorated salary.

Under the “key” employee exception, the institution is not required to guarantee job restoration if the employee is a salaried employee who is one of the highest paid 10% of all employees within 75 miles of the worksite and job restoration for that employee will cause “substantial and grievous” economic injury to the operations of the institution.

Paid and Unpaid Leave

FMLA leave can be either compensated and/or unpaid based on the following:

  • If leave is due to the staff member’s own serious health condition, staff members must first utilize their sick leave and short-term disability (STD) benefits. After all sick leave and STD benefits have been exhausted, accrued vacation and personal time will then be applied. After all paid time is exhausted; any remaining subsequent FMLA leave would be unpaid.
  • Under the institution’s FMLA policy, paid parental leave to care for a newborn, newly placed adopted child, or newly placed foster child is available to new parents. During the initial three weeks of such leave, and provided the birth or legal placement of the child has already occurred, the staff member will continue to receive his or her regular base compensation without the requirement to use paid time off. Accrued vacation and personal time will then be applied to the balance of any FMLA leave taken. After all paid time is exhausted; any remaining subsequent FMLA leave would be unpaid. In order to be eligible for paid leave, the staff member must first request and receive approval from his or her immediate supervisor, the area VP and vice president for human resources or his/her designee.
  • In cases of pregnancy, childbirth, and postpartum, the staff member’s physician determines the extent to which she can maintain work-related duties. The date when an employee actually leaves work is considered the first day of FMLA leave.
    • The initial 3 weeks of leave after childbirth will be paid by the institution. The remainder of any physician mandated leave (usually up to 6 weeks) will be paid using accrued sick time or STD. Accrued vacation and personal time will then be applied to any remaining subsequent FMLA leave taken as indicated above.
    • If the staff member’s physician requires that leave begin prior to the birth, accrued sick leave and STD will be applied to FMLA leave taken prior to birth.
    • If the staff member takes leave prior to the birth, without physician orders, accrued vacation and personal time, if available, will be applied to FMLA leave taken prior to birth. If paid time is not available, such leave will be unpaid up to the birth of the child.
  • In cases of adoption, accrued vacation and personal time will be applied to any pre-placement FMLA time off. After all paid time off is exhausted any additional pre-placement time off would be unpaid.
  • In cases of foster care, the staff member will be compensated for three weeks of leave that begins when the placement occurs. The balance of any full twelve week FMLA leave must be covered with vacation or personal time, or be unpaid.  A staff member will be eligible for the three weeks of paid leave for only one foster care placement. Subsequent placements must be covered with vacation or personal time, or be unpaid.
  • In cases where both parents, adoptive parents or foster parents are employed by the University, only one parent will be eligible for paid leave with respect to that birth, adoption or foster care placement.
  • If the employee utilizing FMLA leave is caring for the staff member’s spouse, domestic partner, child, or own parent who has a serious health condition, all accrued vacation and personal time will be applied in conjunction with leave. Any leave that is not covered by compensable time will not be paid (up to and including all 12 weeks of any qualifying leave).

Serious Health Condition Certification

Unless the University is satisfied that it has sufficient information to determine that a staff member qualifies for FMLA leave based on the staff member’s own serious health condition or the serious health condition of the staff member’s spouse, child, or own parent, the staff member will be required to provide the University with the certification of a healthcare provider. The staff member must respond to a request for certification within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a delay or denial of the leave. Medical certification may be provided by using the "Leave Request Form."

Certification of the serious health condition shall include the date when the condition began, its expected duration, diagnosis, and a brief statement of treatment. For FMLA leave due to the staff member’s own medical condition, the certification must also include a statement that the staff member is unable to perform the essential functions of the staff member’s position. For FMLA leave requested in order to care for a family member with a serious health condition, the certification must include a statement that the patient requires assistance and that the staff member’s presence would be necessary or beneficial.

If the staff member plans to take intermittent leave or work a reduced schedule, the certification must also include dates and the duration of treatments and a statement of medical necessity for taking intermittent leave or working a reduced work schedule.

The institution has the right to ask for a second opinion if there is a question concerning the need for, or duration of, the leave, or other information contained in the certification. The institution will pay for the staff member to obtain a certification from a second doctor of the institution’s choice.

If it is necessary to resolve a conflict between the original certification and the second opinion, the institution will require the opinion of the third doctor. The institution and the staff member will jointly select the third doctor and the institution will pay for the opinion. This third opinion will be considered final.

Leave Request Procedures

Except where leave is not foreseeable, all staff members requesting leave under this policy must submit a "Leave Request Form" to their immediate supervisor who will discuss with the area VP and forward the request to vice president for human resources or his/her designee for processing.

Staff members should provide at least 30 days advance notice of their plans to take leave. If it is not possible to give 30 days notice, the staff member should provide as much notice as practicable. A staff member undergoing planned medical treatment is required to make a reasonable effort to schedule the treatment to minimize disruptions to departmental operations.

If a staff member fails to provide 30 days notice for foreseeable leave with no reasonable excuse for the delay, the leave request may be denied until at least 30 days from the date the institution receives notice. Where the staff member is unable to provide 30 days notice because of unforeseeable circumstances, the staff member is required to provide notice of the need as soon as it becomes known.

While on leave, employees are to report every 30 days regarding the status of the medical condition and their intent to return to work.

Returning to Work following a Leave

If the staff member is on a leave related to the staff member’s own serious health condition, a fitness-for-duty certification must be provided by the staff member’s health care provider.

Staff members returning from an approved leave of 12 weeks or less will be restored to the same or an equivalent position. However, in certain circumstances, it may not be possible to restore the staff member to the same position or an equivalent position if, for example, during the period of the leave, the position was eliminated or restructured.

The institution provides eligible faculty members with up to twelve (12) weeks of unpaid, position-protected leave for family and medically related reasons as provided by the Family and Medical Leave Act of 1993 (FMLA). The leave may be a paid, unpaid, or partially paid, depending on related circumstances as specified in this policy. The college reserves the right to coordinate paid absences with FMLA.