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Summary

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 reasons while maintaining job protection.

This policy applies to all university employees and provides information on job-protected FMLA leave of absence (LOA), as well as compensation and benefits while on an LOA.

If any part of this policy does not reflect the Collected Rules and Regulations (CRR), the provisions of the CRR will govern.

HR Policy Provisions

HR-407 policy provisions below are in accordance with CRR 340.010 Family and Medical Leave:

1. Eligibility - All �������� employees, including benefit-eligible academic, benefit-eligible administrative, service and support, variable hour, probationary, and student employees may be eligible for FMLA leave. To be eligible, an employee must meet the following qualifications:
   
   1. Employed with the university for a total of at least twelve (12) months at the time of the leave of absence;
      
      1. The 12-months of employment do not have to be consecutive
      2. If the employee has a break in service that lasted seven (7) years or more, the time worked prior to the break will not count unless required by law (including but not limited to any requirement of the Uniformed Services Employment and Reemployment Rights Act (USERRA)).
   2. Have worked at least 1,250 hours during the 12-month period immediately preceding the leave, regardless of the employee’s place of employment by the university.
2. Definitions 
   
   1. Serious Health Condition - A “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves:
      
      1. Inpatient care which means an overnight stay in a hospital, hospice, or residential medical care facility, including any period of incapacity as defined by 29 CFR § 825.114 or any subsequent treatment in connection with such in-patient care;

      2. Period of incapacity of more than three (3) consecutive full calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also involves:

         1. Treatment by or under the orders of a health care provider on a least two (2) occasions within the first thirty (30) days of the incapacity; or

         2. Treatment by a health care provider on at least one (1) occasion within the first seven (7) days of incapacity which results in a regimen of continuing treatment under the supervision of a health care provider.

      3. Any period of incapacity due to pregnancy, or for prenatal care;
      4. Chronic serious health condition requiring periodic visits (defined as a least twice per year) for treatment by or under the supervision of a health care provider that continues over an extended period of time and may cause an episodic rather than a continuing period of incapacity;
      5. Permanent or long-term conditions requiring supervision for which treatment may not be effective; or
      6. Multiple treatments by a health care provider or under the supervision of a health care provider, either for restorative surgery after an accident or other injury, or for a condition that will likely result in a period of incapacity of more than three (3) consecutive calendar days in the absence of medical intervention or treatment.
   2. Military Service Member Serious Injury or Illness - For a current service member, a serious injury or illness is one that may render the service member medically unfit to perform military duties. For a veteran, a serious injury or illness is one that rendered the veteran medically unfit to perform military duties, or an injury or illness that qualifies the veteran for certain benefits from the Department of Veterans Affairs or substantially impairs the veteran’s ability to work. For veterans, it includes injuries or illnesses that were incurred or aggravated during military service but that did not manifest until after the veteran left active duty.
   3. 12-Month Period - The 12-month period is measured backward from the date the eligible employee uses any FMLA leave, and the leave entitlement is equal to the balance of the twelve (12) workweeks which has not been used during the immediately preceding 12 months.
   4. Key Employee - A “key employee” is an employee who is salaried and is among the highest-paid ten percent of all employees employed by the University within 75 miles of the place where the employee reports to work. A key employee will be given notice regarding denial of reinstatement and will be afforded other rights as required by the FMLA and its implementing regulations.
3. Approvals 
   
   1. The supervisor and unit leader are required to grant a military leave of absence, pending Human Resources review.
   2. Employees approved for an LOA shall have a reasonable assurance of returning to the same or similar job after the leave.
   3. Official documentation of the need for leave is required before the approval of leave FMLA.
4. Time Off Available (Leave Entitlement) 
   
   1. An eligible employee may take up to twelve (12) workweeks of leave in a 12-month period for one or more of the following reasons:
      
      1. The birth of a child or placement of a child with the employee for adoption or foster care; leaves for birth, adoption, or foster care must be taken with 12-months of the event;
      2. 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;
      3. For a serious health condition that makes the employee unable to perform the essential functions of the employee’s job; or
      4. 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.
   2. Spouses who are eligible employees may each take up to twelve (12) workweeks of leave in a 12-month period for FMLA-qualifying reasons, including
      
      1. leave to care for the employee’s parent with a serious health condition or
      2. for the birth of a child or placement of a child with the employee for adoption or foster care.
   3. 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.
      
      1. The single 12-month period for military caregiver leave is different from the 12-month period used for other FMLA leave reasons. The single twelve (12) month period for military caregiver leave begins on the first day the employee takes leave for this reason and ends 12 months later.
      2. Military caregiver leave is available to an eligible employee once per service member, per serious injury or illness.

      3. A covered service member includes

         a. a current member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, therapy, is in outpatient status, or is on the temporary disability retired list for a serious injury or illness; or

         b. A veteran of the Armed Forces (including the National Guard or Reserves) discharged within the five (5) year period before the family member first takes military caregiver leave to care for the veteran and who is undergoing medical treatment, recuperation, or therapy for a qualifying serious injury or illness. A veteran who was dishonorably discharged does not meet the FMLA definition of a covered service member.

   4. Intermittent and Reduced Schedule FMLA leaves
      
      1. Leaves taken to care for an employee’s covered family member, the employee’s own serious health condition, or to care for a qualified service member may be taken intermittently or on a reduced leave schedule when medically necessary, provided a health care provider certifies the expected duration and schedule of such leave. Leave for military exigency may also be taken intermittently or on a reduced leave schedule.
      2. Intermittent leave and/or a reduced schedule leave may be taken for the birth or adoption of a child or placement with the employee of a child for foster care if approved by the employee’s direct supervisor and may not extend beyond 12-months after the birth, adoption, or placement of a child for foster care. If employee needs leave intermittently or on a reduced leave schedule for planned medical treatm