The Family and Medical Leave Act (FMLA) of 1993 (29 U.S.C. 2601 et seq.), and as amended
in 2009, 2013, 2015, and 2021 is designed to provide employees with unpaid time off
for the serious health condition of an immediate family member (i.e. spouse, child,
parent), or for time off to care for the employee’s own serious health condition.
FMLA provides employees with 12 weeks of unpaid leave (accrued sick/vacation days
may be used to remain in paid status) for each consecutive 12-month period for which
eligibility criteria have been met for the following events:
Birth/Adoption/Foster Care
FMLA provides up to 26 weeks of unpaid leave (accrued vacation/sick may be used to
remain in paid status) during a "single 12-month period" for which eligibility criteria
have been met for the following event:
Care of a covered service member with a serious injury or illness.
Ordinarily, an employee who has been absent for family and medical leave shall be
restored to the position held by the employee in the same unit from which the employee
took leave; or an equivalent position with equivalent employment benefits, pay, and
other terms and conditions of employment.
Eligibility
Individuals who have been employed by the University for at least 12 months and who
have performed at least 1,250 hours of service during the previous 12-month period
(for faculty the hours requirement is 900), are eligible for unpaid family and medical
leave on a rolling calendar basis for which eligibility criteria are met.
The initial 12-month period is measured forward from the date the employee first takes
FMLA leave. The next 12-month period begins the first time FMLA leave is taken after
completion of any previous 12-month period.
Parental Bonding Leave for Birth, Placement, or Fostering of a child
Family and Medical Leave (FML) is available for the birth of a child, placement of
the child for adoption, or foster care with the employee. Both parents are entitled
to FMLA during the 12-month period preceding the date of birth of the child.
Leave for birth, adoption, or fostering of a child shall be taken all at one time,
not on an intermittent or reduced leave schedule, unless the employee and supervisor
or responsible departmental official agree otherwise.
In the case of adoption or foster care, leave may begin before the actual placement
or adoption of the child if an absence from work is required.
Employees standing in loco parentis to a child may be eligible for FML under the birth or placement of a child for adoption
or foster care. The specific facts of each situation will determine whether an employee
stands in loco parentis to a child. Documentation to support may be requested before
approval.
Serious Health Condition of the Employee
Employees who are experiencing a serious health condition may be eligible for FML.
Leave for a serious health condition of the employee may be taken as a continuous
block of time, intermittently, or on a reduced schedule basis when medically necessary.
Family and Medical Leave (FML) is Available for Employees to Care for a Spouse, Child
or Parent with a Serious Health Condition.
- Child includes biological, adopted, foster, stepchild, legal ward, legal same-sex
spouse's child, or a child of person standing in loco parentis - who is under 18 years of age, or over age 18 but incapable of self-care because
of a mental or physical disability (as defined by FMLA regulations).
- Parent includes biological, adoptive, step, or foster father or mother, legal same-sex
spouse of parent, or any individual who stood in loco parentis to the employee.
- Spouse includes a husband or wife to whom an individual entered into marriage as defined
or recognized under state law for purposes of marriage in the State in which the marriage
was entered into or, in the case of a marriage entered into outside of any State,
if the marriage is valid in the place where entered into and could have been entered
into in at least one State. Employees do not need to be the only individual available
to care for the spouse, son, daughter, or parent to be eligible. A spouse is entitled
to FMLA leave if needed to care for a pregnant spouse who is incapacitated or if needed
to care for her during her prenatal care, or if needed to care for her following the
birth of a child if she has a serious health condition.
Qualifying Exigency of a Child, Spouse, or Parent
FML is available to allow an employee who has a spouse (including legal same-sex spouse), son,
daughter, or parent as a member of the National Guard, or in the Reserves or regular
Armed Forces, to take leave for a qualifying exigency arising out of the fact that the covered military member is on a covered active duty
or call to active duty status in support of a contingency . Leave for a qualifying
exigency may be taken on a continuous, intermittent, or on a reduced schedule basis.
Care of a Covered Service Member with a Serious Injury or Illness
FML is available to allow an employee who is a family member (spouse, child, or parent)
of a covered service member to take leave to care for a serious illness or injury.
A "covered service member" is a covered veteran or current member of the Armed Forces,
including a member of the National Guard, Reserves, or Regular Armed Forces. This
leave covers service members who are undergoing medical treatment, recuperation, or
therapy, in an outpatient status, on the temporary disability retired list, for a
serious injury or illness incurred in the line of duty on active duty. A veteran who
is covered under this leave is an individual who was discharged or released under
conditions other than dishonorable.
Employee's Serious Health Condition
Serious Health Condition for a Family Member
Family Medical Leave Tracking Form
A medical leave of absence may be granted upon the recommendation of a personal physician
and consultation with Human Resources. Accrued sick days are generally used for medical
leave.
Note: The medical leave of absence is to allow employees to take time off for prolonged
illnesses that may not qualify for Family & Medical Leave (i.e., Influenza, Pneumonia,
Bronchial Infections, Recovery from outpatient surgery, etc.) Failure to return to
work from a medical leave or provide proper physician documentation may result in
termination.
Sick Leave
For employees eligible to accrue sick days, you begin earning sick leave from your
first day of employment. You can use sick leave for the following reasons:
1. Sickness or disability related to pregnancy and childbirth
2. Personal illness or injury
3. Doctor or dental appointments
4. To be with your spouse, domestic partner, parent, or child for any of the above
situation
This leave is for employees who are not eligible under the Family and Medical Leave
Act. Approval for time off that consists of more than 5 days will be at the discretion
of Human Resources.
Employees subpoenaed as a non-party witness to a legal matter unrelated to the University
will be paid for such time off provided they produce a copy of the subpoena. Employees
who must take time off due to the fact that they are a party to a legal matter unrelated
to the University are required to use paid time off or be unpaid for the time away.
Employees are usually able to vote either before or after work. However, if necessary,
full-time employees may be given time off without pay, up to a maximum of two hours.
The employee is required to notify the manager the day before the time is to be taken.