HR Policy #60-130

When a medical crisis arises, whether personal or that of a family member, a period of time away from work often is necessary to recover or to help a family member recover. The Family Medical Leave Act of 1993 (FMLA) was established, subject to certain conditions, to grant extended leave to those employees who face such situations.

All employees who have completed twelve (12) months of employment and worked 1,250 hours over the immediate past twelve (12) month period are eligible for FMLA leave. Time off from work for up to twelve (12) weeks during a fiscal year period will be granted upon proper request for reasons of child care following birth, adoption, or foster care placement, or due to a serious health condition of a child, spouse, or parent or in the case of the employee's own serious health condition.

A. All requests for FMLA leave should be initiated by the employee through his/her immediate supervisor. The completed FMLA leave request form should then be sent to the Department of Human Resources for final eligibility determination and processing.

B. Employees are required to utilize all accrued medical and vacation leave during any approved FMLA leave period. Following the expiration of paid leave, an unpaid leave of absence will be granted for the remainder of the FMLA leave period.

C. If the need for FMLA leave is foreseeable, the employee must provide notice of at least 30 calendar days to his/her supervisor. If the need for leave is not foreseeable, notice must be given by the employee as soon as possible.

D. FMLA leave for the birth or adoption of a child will be granted within the first twelve (12) months following birth or placement in the case of adoption. Leave may be taken on a full time, intermittent or reduced work schedule basis.

E. Leave for an employee's own illness or a covered family member may be taken on a full time, intermittent or reduced work schedule basis.

F. An employee who fails to return to University employment at the end of an approved FMLA leave will be liable to reimburse the University for health insurance premiums paid on behalf of the employee during that leave unless the failure to return to work is due to the continuation, recurrence, or onset of a serious health condition. Medical certification is required to document reasons for failure to return to employment following an approved leave period.

G. Employees taking FMLA leave are guaranteed the right to return to their previous position or an equivalent position with no loss of benefits at the end of the leave.

H. When an employee is requesting leave because of his/her own health or that of a covered family member, medical certification must be provided. The certification must include the following information: 1) the date on which the serious health condition began; 2) the probable duration of the condition; 3) appropriate medical facts regarding the condition; 4) if appropriate, a statement that the employee is needed to care for a spouse, parent, or child along with an estimate of the amount of time needed; and 5) in the case of intermittent leave, the dates and duration of the treatments to be given.

The University reserves the option to get a second opinion from a medical provider selected by the University. If the two opinions conflict, the conflict will be resolved by a third physician, chosen by the University and the employee. Such opinion shall be considered final. Expenses for obtaining second and third opinions outside the University sponsored health insurance coverage will be borne by the University.

J. After a period of leave due to the employee's own serious health condition, a medical certification must be presented which indicates the employee's ability to return to work.

Definitions

A serious health condition is defined by federal law as an illness, injury, impairment, or physical or mental condition that involves either inpatient care in a hospital, hospice or residential medical care facility, or continuing treatment by a health care provider for an illness lasting more than three (3) calendar days.

FMLA leave, as defined by federal law, is leave granted to eligible employees because of childbirth or placement of a child through adoption or foster care; because of the serious health condition of a child, spouse or parent; or, because of an employee's own serious health condition.