Family and Medical Leave Act (VI.E.1)
Volume VI: Human Resources
Chapter E: Leaves of Absence
Responsible Executive: Vice President for Human Resources
Responsible Office: Office of the Vice President for Human Resources
Date Issued: April 15, 2005
Date Last Revised: November 18, 2011
Statement of Policy
Reason for This Policy
Individuals and Entities Affected by This Policy
Who Should Know This Policy
Web Site Address for This Policy
Related Documents, Forms, and Tools
History and Updates
The Family and Medical Leave Act (FMLA) is a federal regulation that grants Eligible Employees the right to take 12 workweeks of job-protected leave over a 12-month period for FMLA covered medical and family reasons. An employee is eligible for up to 26 workweeks of leave in a single 12-month period to care for a Covered Servicemember, limited to a combined total of 26 workweeks for all types of FMLA leave.
Purdue University will grant an Eligible Employee 12 workweeks of FMLA leave over a 12-month period for the following reasons:
- A Serious Health Condition that makes the employee unable to perform one or more of the essential functions of the employee's job, as certified by his or her Health Care Provider.
- The birth of his or her Son or Daughter.
- Placement with the employee of a Son or Daughter for adoption or foster care (including related court appearances, consultations with attorneys, and counseling sessions).
- To care for a Son or Daughter during the first 12 months following birth or placement.
- To care for his or her Spouse, Domestic Partner, Son, Daughter, or Parent with a Serious Health Condition, as certified by the Family Member's Health Care Provider.
- Any Qualifying Exigency arising out of the fact that the employee's Spouse, Domestic Partner, Son, Daughter, or Parent is a Covered Military Member on Covered Active Duty (or has been notified of an impending call or order to Covered Active Duty) in the Armed Forces.
The University will grant an Eligible Employee 26 workweeks of leave over a Single 12-month Period to care for a Covered Servicemember with a Serious Injury or Illness, if the employee is the Spouse, Domestic Partner, Son, Daughter, Parent, or Next of Kin of the Covered Servicemember. An Eligible Employee who is granted leave to care for a Covered Servicemember is limited to a combined total of 26 workweeks for all types of FMLA leave.
Spouses or Domestic Partners who are both employed by Purdue University will be limited to a combined total of 12 workweeks of leave during the 12-month period in which the leave is taken when such leave is (1) for birth of their Son or Daughter, (2) for placement with them of a Son or Daughter for adoption or foster care, (3) to care for a Son or Daughter during the 12 months following birth or placement, or (4) to care for the employee's Parent with a Serious Health Condition.
For certain FMLA-qualifying reasons, Eligible Employees may take Intermittent or Reduced Schedule Leave.
FMLA leave will not be used as a negative factor in employment actions, such as hiring, promotions, disciplinary actions, or under attendance policies.
This policy describes the circumstances in which FMLA leave may be taken, notice provisions, certification requirements, coordination with other types of leave, reinstatement issues, and other issues related to FMLA leave.
Identify individuals and/or units affected or governed by this policy. Generally, all units, students, faculty, and staff of Purdue University will be included.
Associate and Vice Provosts
Employees who have not worked for the University for at least 12 months and/or have not worked at least 1,250 hours during the 12-month period preceding the date that FMLA leave would commence are not eligible for FMLA leave.
|Policy Clarification||Vice President for Human Resources — Staff Benefits||(765) email@example.com|
|Calumet Campus Assistance||Human Resources||(219) firstname.lastname@example.org|
|Fort Wayne Campus Assistance||Human Resources||(260) 481-6684|
|North Central Campus Assistance||Human Resources||(219) 785-5354|
|West Lafayette Campus Assistance||FMLA Leaves Coordinator||(765) email@example.com|
|Staff Benefits Secretary||(765) firstname.lastname@example.org|
|Advancement HR||(765) email@example.com|
|Housing and Food Services HR||(765) firstname.lastname@example.org|
|ITaP Human Resources||(765) email@example.com|
|Physical Facilities HR||(765) firstname.lastname@example.org|
Covered Active Duty
In the case of a member of the regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country. In the case of a member of a Reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty.
Covered Military Member
The Eligible Employee's Spouse, Domestic Partner, Son, Daughter, or Parent on Covered Active Duty or call to Covered Active Duty status.
A 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, a veteran who is undergoing medical treatment, recuperation, or therapy for a Serious Injury or Illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy, unless dishonorably discharged.
A same sex domestic partner of an Employee who is eligible for same sex domestic partner benefits under University policy.
An employee who has been employed by the University for at least 12 months, consecutively or non-consecutively, and has worked at least 1,250 hours during the 12-month period preceding the date FMLA leave commences. If an employee is maintained on the payroll for any part of a week (including periods of paid or unpaid leave) during which he or she is covered by University-provided benefits (e.g., worker's compensation, group health plan benefits, etc.), then the week counts toward the 12-month eligibility requirement. Only hours actually worked are counted toward satisfaction of the 1,250 hours requirement. Employment periods prior to a break in service of seven years or more need not be counted in determining whether the employee has been employed by the University for at least 12 months. If the break in service is occasioned by the fulfillment of the employee's National Guard or Reserve military service obligation, the time served performing the military service will be counted in determining whether the employee has been employed by the University for at least 12 months.
Family and Medical Leave Act or FMLA
The Family and Medical Leave Act of 1993, 29 U.S.C. & 2611 et. seq.
A Son, Daughter, Spouse, Domestic Partner, or Parent (see respective definitions).
Health Care Provider
A doctor of medicine or osteopathy who is authorized to practice medicine or surgery as appropriate by the state in which the doctor practices; or others capable of performing health care services, including: a) podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-ray to exist) authorized to practice in the state and performing within thescope of their practice as defined under state law; b) nurse practitioners, nurse-midwives, clinical social workers, and physician assistants who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; c) Christian Science practitioners listed with the First Church of Christ, Scientist, in Boston, Massachusetts; d) any Health Care Provider from whom the University or the University's group health plan's benefits manager will accept certification of the existence of a Serious Health Condition to substantiate a claim for benefits; and e) a Health Care Provider as defined above who practices in a country other than the United States, who is licensed to practice in accordance with the laws and regulations of that country, and who is performing within the scope of his or her practice as defined by law.
The campus human resources department.
FMLA leave taken in separate blocks of time due to a single qualifying reason.
A salaried Eligible Employee who is among the highest paid 10 percent of all the employees of Purdue University within 75 miles of the Eligible Employee's campus.
Next of Kin of a Covered Servicemember
The nearest blood relative other than the Covered Servicemember's Spouse, Domestic Partner, Parent, Son, or Daughter, in the following order of priority: blood relatives who have been granted legal custody of the Covered Servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the Covered Servicemember has specifically designated in writing another blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple Family Members with the same level of relationship to the Covered Servicemember, all such Family Members will be considered the Covered Servicemember's Next of Kin and may take FMLA leave to provide care to the Covered Servicemember, either consecutively or simultaneously. When such designation has been made, the designated individual will be deemed to be the Covered Servicemember's only Next of Kin.
A biological, adoptive, step, or foster father or mother, or any other individual who stood in loco parentis to the Eligible Employee when he or she was a Son or Daughter. The term does not include parents "in-law."
Parent of a Covered Servicemember
A Covered Servicemember's biological, adoptive, step, or foster father or mother, or any other individual who stood in loco parentis to the Covered Servicemember when he or she was a Son or Daughter. This term does not include parents "in-law."
The following eight situations constitute a Qualifying Exigency: 1) short-notice deployment; 2) military events and related activities; 3) childcare and school activities; 4) financial and legal arrangements; 5) counseling; 6) rest and recuperation; 7) post-deployment activities; 8) additional activities to address other events that arise out of the Covered Military Member's Covered Active Duty or call to Covered Active Duty status, provided the University and Eligible Employee agree that such leave is a Qualifying Exigency and agree to both the timing and duration of such leave.
Reduced Schedule Leave
A leave schedule that reduces an Eligible Employee's usual number of working hours per workweek or hours per workday.
Serious Health Condition
An illness, injury, impairment, or physical or mental condition that involves a) inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (for purposes of this policy, defined to mean inability to work, attend school, or perform other daily regular activities due to the Serious Health Condition, treatment therefore, or recovery therefrom), or any subsequent treatment in connection with such inpatient care; or b) continuing treatment by a Health Care Provider.
A Serious Health Condition involving continuing treatment by a Health Care Provider includes anyone or more of the following:
- A period of incapacity and treatment (i.e., inability to work, attend school, or perform other regular daily activities due to the Serious Health Condition, treatment therefore, or recovery therefrom) of more than three consecutive, full calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:
- treatment two or more times within 30 days of the first day of incapacity, unless extenuating circumstances exist, by a Health Care Provider, by a nurse or physician assistant under direct supervision of a Health Care Provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a Health Care Provider; or
- treatment by a Health Care Provider on at least one occasion, which results in a regimen of continuing treatment under the supervision of the Health Care Provider.
The treatment referenced in paragraphs (1) and (2) must be in-person visits to a Health Care Provider. The first (or only) in-person treatment visit must take place within seven days of the first day of incapacity.
- Any period of incapacity due to pregnancy or for prenatal care.
- Any period of incapacity or treatment for such incapacity due to a chronic Serious Health Condition. A chronic Serious Health Condition is one that:
- requires periodic visits (defined as at least twice a year) for treatment by a Health Care Provider, or by a nurse or physician assistant under direct supervision of a Health Care Provider;
- continues over an extended period of time (including recurring episodes of a single underlying condition); and
- may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.)
For the purposes of this definition, treatment includes, but is not limited to, examinations to determine if a Serious Health Condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations. A regimen of continuing treatment may include, for example, a course of prescription medication. A regimen of continuing treatment that includes the taking of over-the-counter medications, such as aspirin or antihistamines, or bed rest, exercise, or other similar activities that can be initiated without a visit to a Health Care Provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
Examples of conditions that do not meet the definition of a Serious Health Condition and do not qualify for FMLA leave include:
- Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery), unless inpatient hospital care is required or unless complications develop.
- Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, etc.
Substance abuse may be a Serious Health Condition if the conditions of this section are met. However, FMLA leave may only be taken for treatment for substance abuse by a Health Care Provider or by a provider of health care services on referral by a Health Care Provider. Absence because of the Eligible Employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.
Absences attributable to incapacity due to pregnancy or a chronic Serious Health Condition may qualify for FMLA leave even though the Eligible Employee or the Covered Family Member does not receive treatment from a Health Care Provider during the absence, and even if the absence does not last more than three consecutive, full calendar days. For example, an Eligible Employee with asthma may be unable to report for work due to the onset of an asthma attack or because the Eligible Employee's Health Care Provider has advised the employee to stay home when the pollen count exceeds a certain level. An Eligible Employee who is pregnant may be unable to report to work because of severe morning sickness.
Serious Injury or Illness
In the case of a Covered Servicemember, an injury or illness incurred by the Covered Servicemember in the line of duty on Covered Active Duty (or that existed before the beginning of the member's Covered Active Duty and was aggravated by service in the line of duty on Covered Active Duty in the Armed Forces) that may render the Covered Servicemember medically unfit to perform the duties of his or her office, grade, rank or rating.
In the case of a veteran Covered Servicemember, injury or illness that was incurred by the member in the line of duty on Covered Active Duty in the Armed Forces (or existed before the beginning of the member's Covered Active Duty and was aggravated by service in the line of duty on Covered Active Duty) and that manifested itself before or after the member became a veteran.
Single 12-Month Period
The time period beginning on the first day the Eligible Employee takes FMLA leave to care for a Covered Servicemember and ending 12 months after that date, regardless of the rolling calendar method used by the University to calculate the employee's 12 workweeks of leave entitlement for other FMLA qualifying reasons. If an Eligible Employee does not take all of his or her 26 workweeks of leave entitlement to care for a Covered Servicemember during the Single 12-Month Period, the remaining time is forfeited.
Son or Daughter
For purposes of FMLA leave taken for birth, adoption, or to care for a Family Member with a Serious Health Condition, an Eligible Employee's biological, adopted, or foster child; a stepchild; a legal ward; or a child for whom the employee is standing in loco parentis who is either under age 18 or incapable of self-care because of a mental or physical disability (as defined by the Americans with Disabilities Act) at the time that FMLA leave is to commence.
Son or Daughter on Active Duty or Call to Active Duty Status
The Eligible Employee's biological, adopted, or foster child; stepchild; legal ward; or a child for whom the employee stood in loco parentis who is on Covered Active Duty or call to Covered Active Duty status and who is of any age.
Son or Daughter of a Covered Servicemember
The Covered Servicemember's biological, adopted, or foster child; stepchild; legal ward; or a child for whom the Covered Servicemember stood in loco parentis and who is of any age.
A husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides, including common-law marriage in states where it is recognized.
Business Office Personnel
Assist employees and supervisors in completing required forms and/or certifications as necessary.
Calculate paid and unpaid leave eligibility and availability.
Distribute, in conjunction with the Eligible Employee's supervisor, applicable forms and notices and assist employees in completing them as necessary.
Provide notification of FMLA leave in accordance with this policy and designate Intermittent Leave at the time of usage.
Fully complete and submit all required forms and/or certifications within the time frames outlined for such.
Use any applicable paid leave time in accordance with this policy.
Pay their portion of group health insurance premiums while on unpaid FMLA leave.
Cooperate with the business office to keep track of the weeks, days, and/or hours of absence during the FMLA leave and provide the required documentation of such.
Administer this policy.
Make available and maintain all forms and documents associated with this policy.
Assist supervisors, business office personnel, and employees with issues related to FMLA leave.
Determine whether an event qualifies for FMLA leave.
Review all forms, certifications, and other documentation relative to an Eligible Employee's FMLA leave for adherence to this policy and maintain files of such.
Receive notifications of FMLA leave from their employees and provide information of such to business office personnel and Human Resources as appropriate.
Distribute, in conjunction with the business office, applicable forms and notices and assist employees in completing them as necessary.
Maintain copies of FMLA forms and notices in their employee records.
Forward all completed forms and certifications to Human Resources.
Workweeks will be calculated based on each individual employee's workweek.
The 12-month period will be a rolling 12-month period measured backward from the date FMLA leave commences.
An employee will, if possible, request FMLA leave in writing on the Family and Medical Leave Act Request and Notice Form and submit it to his or her supervisor. Verbal requests given to the employee's supervisor for FMLA leave that include the timing and duration of the leave will not be denied merely on the basis that the employee did not use the form until a later time.
For foreseeable FMLA leave based on planned medical treatment, an employee must consult with his or her supervisor and make a reasonable effort to schedule the leave so as not to disrupt his or her department's operations.
If the FMLA leave is foreseeable, an employee must give his or her supervisor at least 30 days advance notice of the need for leave, if practicable.
If the FMLA leave is not foreseeable, an employee or his or her representative must give notice of the need for leave to the employee's supervisor as soon as practicable (i.e., ordinarily within two business days after the need for leave becomes known).
If an employee takes leave for an FMLA reason without notifying the supervisor, the leave has not been designated by the University as FMLA leave, and the employee desires FMLA leave, the employee must notify his or her supervisor within two business days after returning to work that the leave was taken for an FMLA reason. Absent such notice, the employee is not entitled to the protections of the FMLA.
Designation of Leave
Upon receiving an employee's request for FMLA leave, the business office, in consultation with Human Resources, will determine whether the employee is eligible for FMLA leave. If the employee is eligible, Human Resources will review the request to determine whether the event qualifies for designation as FMLA leave. The business office, working with the employee's supervisor, will provide the employee with timely notification of such determinations.
Intermittent and Reduced Schedule FMLA Leave
Intermittent or Reduced Schedule Leave may be taken:
- After the birth of a Son or Daughter, subject to approval by the employee's supervisor.
- After placement with the Eligible Employee of a Son or Daughter for adoption or foster care, subject to the approval of the employee's supervisor.
- For treatment of an Eligible Employee's or qualifying family member's Serious Health Condition by or under the supervision of a Health Care Provider.
- For treatment or recovery from an Eligible Employee's or qualifying family member's Serious Health Condition or a Covered Servicemember's Serious Injury or Illness.
- To care for a qualifying family member with a Serious Health Condition or a Covered Servicemember with a Serious Injury or Illness, including, but not limited to, providing needed psychological comfort to the family member or Covered Servicemember.
- For periods of an Eligible Employee's or family member's incapacity or if the employee is unable to perform the essential functions of his or her job because of a Serious Health Condition even if not receiving treatment.
- For leave due to a Qualifying Exigency.
Intermittent Leave (but not Reduced Schedule Leave) may also be used for:
- Periodic medical appointments for treatment of a Serious Health Condition (e.g., chemotherapy).
- Periodic occurrence of a Serious Health Condition (e.g., severe morning sickness).
Intermittent Leave must be scheduled in consultation with the Eligible Employee's supervisor in a reasonable effort to not unduly disrupt the department's operations.
The University may temporarily transfer an Eligible Employee to another position for which he or she is qualified with equivalent pay and benefits that better accommodates the Intermittent or Reduced Schedule Leave when the need for leave is foreseeable based on planned medical treatment, or if the employee's supervisor authorizes the leave for the birth of a Son or Daughter or for placement of a Son or Daughter for adoption or foster care, subject to the restrictions of the Americans with Disabilities Act and the FMLA.
For each of the three certifications listed below, the fully completed certification must be returned to Human Resources within fifteen (15) calendar days of the date that the certification is delivered to the employee, unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. If the employee fails to submit the certification or submits an incomplete certification, the leave or continuation of leave may either be delayed until the completed certification is submitted or denied. Further, any absence prior to the effective date of the certification may be considered unauthorized. An employee who is absent without authorization may be disciplined, up to and including termination.
Human Resources will give an employee seven (7) calendar days to cure any deficiency in a certification, unless it is not practicable under the particular circumstances despite the employee's diligent, good faith efforts. Granting an extension to this time limit will be at the discretion of Human Resources.
A designated Human Resources professional, or a Health Care Provider representing the University, may contact the individual's Health Care Provider to clarify and authenticate an incomplete and/or insufficient certification.
- Medical Certification: If FMLA leave is due to a Serious Health Condition of an employee or his or her Spouse, Domestic Partner, Son, Daughter, or Parent, then the employee is required to furnish medical certification of the Serious Health Condition. The certification must be completed and signed by the Health Care Provider for the individual with the Serious Health Condition.
- Certification for Leave Taken Because of a Qualifying Exigency: If leave is taken due to a Qualifying Exigency arising out of the Covered Active Duty or call to Covered Active Duty status of a Covered Military Member, the Eligible Employee is required to furnish a completed Certification of Qualifying Exigency for Military Family Leave. The employee will be required to provide written documentation confirming a Covered Military Member's Covered Active Duty or call to Covered Active Duty status. If the Qualifying Exigency involves meeting with a third party, Human Resources may contact the individual or entity with whom the employee is meeting for the purpose of verifying a meeting or appointment schedule and the nature of the meeting. Human Resources may also contact an appropriate unit of the Department of Defense to request verification that a Covered Military Member is on Covered Active Duty or call to Covered Active duty status.
- Military Caregiver Leave Certification: If FMLA leave is taken to care for a Covered Servicemember with a Serious Injury or Illness, the Eligible Employee must furnish a Certification for Serious Injury or Illness of Covered Servicemember, completed by an authorized Health Care Provider of the Covered Servicemember.
The University reserves the right to request recertification. The employee must provide recertification at the employee's expense within 15 calendar days of the University's request.
Second and Third Medical Opinions
If Human Resources doubts the validity of a medical certification, it may require, at the University's expense, that the employee obtain a second opinion from a University-designated Health Care Provider, not regularly employed by the University. If the opinions of the employee's and the University-designated Health Care Providers differ, the University may require, at its expense, a third, final and binding opinion from a Health Care Provider selected jointly by the University and the employee. Human Resources will provide a copy of the second and third medical opinions to the employee within five business days of the employee's request. The employee will be provisionally entitled to FMLA leave pending receipt of the second and third medical opinions.
The University will reimburse the employee or family member for any reasonable out-of-pocket travel expenses incurred to obtain a second or third opinion.
Coordination of FMLA Leave with Other University Leaves
The use of other University paid leaves of absence during an FMLA-qualifying leave will decrease, in whole or in part, the amount of FMLA leave available to an Eligible Employee for the following types of paid leave:
- Worker's Compensation: If an Eligible Employee takes worker's compensation leave for an FMLA-qualifying reason, the employee's FMLA leave and worker's compensation leave will run concurrently.
- Paid Sick Leave: If an Eligible Employee's FMLA leave is due to his or her own Serious Health Condition or a Family Member's Serious Health Condition and the employee has available, unused paid sick leave, the employee must use the paid sick leave during the FMLA leave. As is outlined in the University's policies on leave, Eligible Employees may take a maximum of 10 days of paid sick leave, on a fiscal year basis, to care for a Family Member with a Serious Health Condition. The employee's FMLA leave and the paid sick leave will run concurrently.
- Paid Vacation Leave: Upon exhausting all eligible paid sick leave, an Eligible Employee has the right to use accrued, paid vacation during an FMLA-qualifying leave. The employee's FMLA leave and vacation leave will run concurrently.
- Paid Personal Business Days (Faculty, Continuing Lecturers, Administrative and Professional Staff, and Operational/Technical Assistants only): Upon exhausting all paid sick leave, an Eligible Employee who is a faculty member, continuing lecturer, or administrative or professional staff member has the right to use paid personal business days during FMLA leave. The employee's FMLA leave and paid personal business days will run concurrently.
- Paid Personal Holiday (Clerical and Service staff only): Upon exhausting all paid sick leave, an Eligible Employee who is a clerical or service staff member has the right to use a paid personal holiday during FMLA leave. The employee's FMLA leave and paid personal holiday will run concurrently.
- Paid Parental Leave: If an Eligible Employee's FMLA leave is due to the birth or adoption of a Son or Daughter under the age of 18, paid parental leave must be used within the first 12 months, as defined and interpreted in the Paid Parental Leave Policy (IV.10.3). Normally, FMLA and paid parental leave will run concurrently; however, individual situations may vary depending upon the timing of the individual's circumstances.
Extension of Leave
If an Eligible Employee must take more FMLA leave than originally anticipated, he or she must notify the supervisor as soon as practicable (normally within two business days of learning of the circumstances necessitating the extension). The employee will be asked to provide documentation from his or her Health Care Provider to support the extension.
If FMLA leave is due to the Eligible Employee's Serious Health Condition, he or she must present a return-to-work statement to his or her supervisor or Human Resources upon returning to work. The statement must specify whether the employee is able to work and any restrictions on the employee's ability to work. Reinstatement may be delayed until the employee submits the statement. A return-to-work statement will not be required upon an Eligible Employee's return to his or her regular schedule from Intermittent or Reduced Schedule Leave.
An Eligible Employee who is able to return to work prior to the expiration of FMLA leave must notify his or her supervisor immediately but in any event within two business days of foreseeable changed circumstances. The employee's principal attending physical must complete a return-to-work statement that the employee must provide prior to or upon returning to work. Upon such notice, the University will promptly reinstate the employee to active employment, provided he or she is able to perform the essential functions of the job.
Except as provided in the following three paragraphs, an Eligible Employee will be reinstated to the same position he or she held when FMLA leave began or to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment, provided the employee can perform the essential functions of the position.
- The University's obligation to restore the Eligible Employee to the same or an equivalent position ceases 1) if and when the employment relationship would have terminated if the employee had not taken FMLA leave; 2) if the employee informs the University of his or her intent not to return to work at the expiration of the FMLA leave; 3) if the employee fails to return to work at the expiration of the FMLA leave; or 4) if the employee continues on leave after exhausting his or her FMLA leave entitlement in the 12-month period.
- An Eligible Employee who exceeds his or her FMLA leave and remains off work under a non-FMLA leave is not entitled to reinstatement to the same or an equivalent position under the FMLA.
- The University may limit the reinstatement of Key Employees. Notice of such limits must be given at the time the leave is requested.
Group Health Insurance
The University will continue to pay its share of the cost of an Eligible Employee's group health insurance during FMLA leave, unless the employee notifies the University in writing to cancel coverage. If an employee gives unequivocal notice of intent not to return to work, the University's obligations under FMLA to maintain health benefits will cease, subject to applicable restrictions under the law. If the employee uses paid leave during FMLA leave, the employee's share of the premium will be deducted from the employee's pay in accordance with normal practice. If the FMLA leave is unpaid, the employee must pay his or her share of the premium. If the employee fails to pay his or her share of the premium, the University reserves the right to cancel coverage, as permitted by law. If the employee fails to return to work after the FMLA leave, the University may recover from the employee the premiums it paid for the employee's insurance, unless the employee is unable to return to work due to a Serious Health Condition, or other circumstances beyond the employee's control.
All medical information relating to FMLA leaves, whether verbal or written, will be kept confidential to the maximum extent possible. All medical documents including, but not limited to, medical certifications must be maintained in confidential, secure files separate from personnel files within Human Resources.
The Family and Medical Leave Act of 1993, Title 29, Part 825 of the Code of Federal Regulations
The following documents and forms are available on the Human Resources Web site:
- Family and Medical Leave Act Request and Notice
- FMLA Employee Checklist
- FMLA Medical Certification Form
- FMLA Certification of Qualifying Exigency for Military Family Leave
- FMLA Certification for Serious Injury or Illness of Covered Servicemember
- Record of FMLA Leave for Monthly-Paid Employees, Form 33FMLA
- General Summary of FMLA for Supervisors, Business Offices, and Human Resources
November 18, 2011: Policy number changed to VI.E.1 (formerly IV.10.1) and website address updated.
April 19, 2010: Significant revisions have been made to update this policy, including provisions for Servicemembers and those who care for Servicemembers, and to format it in the current policy template.
April 15, 2005: Supersedes Executive Memorandum C-30 and a portion of Executive Memorandum C-47.
There are no appendices to this policy.