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1. FMLA Family and Medical Leave Act What is it?
Federal Legislation;
Entitles eligible employees to take an unpaid leave for up to 12 weeks for qualifying events;
Employees whose spouse, son, daughter, parent or next of kin is a current member of the Armed Forces (including National Guard or Reserves) with a serious injury or illness incurred in active duty may be granted up to 26 workweeks of unpaid leave during a single 12 month period;
FMLA is not a separate leave bank;
It is the University’s policy to substitute paid leave for unpaid FMLA when appropriate. Substitution of paid leave is determined by the terms and conditions of the University’s normal leave policies.
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2. Who is eligible for FMLA?
An employee who has worked for the University at least one cumulative year;
An employee who has worked at least 1,250 hours (excluding periods of paid leave these are hours worked) in the previous 12 months from date of onset of leave. This is a rolling year. Employment prior to a continuous break of 7 years or more is not counted (special rules may apply);
Employees returning from National Guard or Reserve service must be credited with hours they would have worked.
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3. When does FMLA apply?
For the birth and care of a newborn child of the employee;
For placement with the employee of a son or daughter for adoption or foster care;
To care for a spouse, son/daughter (under 18 years of age or 18 and over if physically or mentally disabled at the time the leave commences), or parent with a serious health condition;
To take medical leave when the employee is unable to work because of a serious health condition;
For qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter or parent is on active duty or call to active duty status as a member of the national Guard or Reserves in support of a contingency operation;
To care for a spouse, son, daughter, parent or next of kin who is a current member of the Armed Forces (including National Guard and Reserves) with a serious injury or illness incurred in active duty. The University will require certification and proof of relationship.
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4. Where can I find more specific information on Employee Rights & Responsibilities concerning FMLA?
http://www.uc.edu/hr/benefits/leaves_of_absence.html
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5. How do I request FMLA?
Employees may verbally request FMLA by contacting their Supervisor.
Requests may be made by submission of the completed Certification of Health Care Provider form (CHCP) to University Health Services.
CHCP’s are available from your Supervisor or at http://www.uc.edu/hr/benefits/leaves_of_absence.html.
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6. When should notice/requests for FMLA be given?
If the need is foreseeable (birth of child, scheduled surgery, etc.) 30 day advance notice is required or the leave request may be denied.
If 30 day advance notice is not possible, notice is required as soon as practicable of learning of need.
If the need is immediate and unforeseeable, verbal requests may be made with written notification to follow.
Employees on intermittent FMLA must make a reasonable effort not to unduly disrupt operations.
Employees must follow usual notice procedures absent confirmed inability to do so. If not employees may be disciplined.
When calling in, employees must reference FMLA qualifying reason if leave has been previously approved.
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7. Who can request FMLA?
The employee.
Managers should provisionally designate FMLA in writing to the employee if a request is not made and there is enough information to believe that the absence meets the requirements of FMLA.
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8. Do holidays count as FMLA?
Intermittent leave: Holidays do not count as FMLA if the employee would not have otherwise worked.
Leave of a full week: Holiday hours count as FMLA leave.
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9. What happens to benefits while an employee is on FMLA?
Use of FMLA cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.
During FMLA leave, the University must maintain the employee’s health coverage under any group health plan on the same terms as if the employee had continued to work.
If on paid leave, employee health care contributions continue to be deducted from the paycheck.
If on unpaid leave, the employee must make arrangement with the HRSC to pay for health care that would have been deducted from the paycheck.
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10. What are the return-to-work steps?
An employee returning from FMLA will be reinstated to their former position or an equivalent position per University policies.
If the FMLA absence was for the employee’s own serious health condition, the employee must report to UHS with a release statement from their Physician and receive a fitness for duty certification from UHS to present to their supervisor before being returned to work.
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11. An employee and his child come down with a cold and the employee needs to stay home for two consecutive days. They see a doctor and receive medical care. Would this qualify as FMLA?
NO, there is no serious medical condition involved.
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12. An employee and his child come down with an illness and the employee needs to stay home for four consecutive days. They see a doctor twice and receive a regimen of continuing medical treatment. Would this qualify as FMLA?
Yes, if the doctor visits are within 30 days of when the incapacity begins, absent extenuating circumstances.
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13. An employee suffers a severe stroke and is hospitalized. The doctor informs the employee she can not perform her job under the circumstances and advises her to take 1 month off work to recover, undergo therapy and have a minor surgical procedure. Would this qualify as FMLA?
YES, this would be considered a serious health condition and the employee would need to follow up with a request to the department and submit the appropriate CHCP form to UHS for review.
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14. An employee has been employed at UC for 8.5 months and has worked 1,500 hours. The employee goes into labor and gives birth to a baby. Is she eligible for FMLA?
NO; the employee must be employed at least one year and have worked at least 1,250 hours over the previous 12 months.
(Note: medical leave would still be applicable, but it would not be FMLA).
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15. An employee’s wife has been diagnosed with cancer; her physician has requested the employee stay home with her on Tuesdays and Thursdays to take her to chemotherapy, help her bathe, and take her to physician appointments. No one else in the family is available to assist. Would this qualify for FMLA?
YES, this would be considered intermittent FMLA. The CHCP form must be filed with UHS for review. (FMLA can be provisionally designated pending CHCP submission and review).
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16. An employee’s absence is designated FMLA for the 8 weeks following the birth of her child. She would like to take an additional 4 weeks to bond with the child. Does FMLA apply?
YES, but the designation must be changed to child rearing; sick time applies to child birth but not child rearing.
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17. You and your spouse have both worked for UC for many years and each have over 1250 hours worked within the last year. Are you each eligible for 12 weeks under FMLA?
IT DEPENDS;
For care of a newborn or newly placed foster or adopted child it’s a combined 12 weeks;
For care of an ill child, each parent can take 12 weeks (or 24 weeks combined);
For ill parents, the combined time is 12 weeks (e.g. if one employee took 8 weeks to care for his parent, the spouse could only take 4 weeks to care for her parent);
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18. Due to downsizing, several job abolishment procedures occur in a department including the job of an employee on FMLA leave. Does FMLA protect this individual’s job?
NO, FMLA does not protect against job abolishment.
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19. Upon returning from FMLA leave, an Administrative Assistant 1 is reassigned as a Groundskeeper responsible for mowing the lawns. Is this acceptable under FMLA?
NO, FMLA requires that the employee return to the same or equivalent job.
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