Family and Medical Leave - Qualifying Reasons and Eligibility

Each time an employee makes any request for time off (paid or unpaid), supervisors shall consider whether the request may qualify for Family and Medical Leave (see Qualifying Reasons below) and, if so, proceed to determine the employee’s FML eligibility. It is important to make a preliminary determination of whether the leave appears to be covered by FML (usually) within 2 business days of an employee’s request for leave.

Proceed to the FML Eligibility Checklist and Process.

If FML does not apply, other leave options can be explored at the supervisor’s discretion – see main flow chart.

Additional Information:
Child - Age
Calculating Service & Hours Worked
Determining FML Balance
FML Serious Health Condition Definition

Policies:
Classified Staff Human Resources Policy #218.0
University Handbook for Appointed Personnel Policy #8.04.06

FMLA Employer Resources:
Department of Labor FMLA Home Page
Code of Federal Regulations (29 CFR 825)
Family and Medical Leave Act Advisor
Family and Medical Leave Act Poster

Definitions

An employee’s child must be (1) under the age of 18 or (2) age 18 or older and incapable of self care because of a mental or physical disability as defined by the Americans with Disabilities Act.

An employee must have both (1) 12 months of cumulative service with the University, and (2) 1,250 hours worked at the University in the 12 months period preceding the date FML is to begin.

To calculate the 1,250 hours worked you may use the online Family and Medical Leave calculator. To use the FML Calculator, you may contact your department business/payroll representative.

An eligible employee may take up to 12 work weeks of FML during a "leave year." The "leave year" is a period of 12 months measured backward from the date the proposed leave is to begin. For example, if the employee’s proposed leave begins October 15, the 12- month leave year begins October 16 of the prior year. If the employee used any FML time during the leave year period, the 12 week maximum is reduced by that amount. New FML requests (including extensions) move the date for calculating the 12-month "leave year" up to the date the subsequent leave is proposed to begin. A "leave year" always starts 12 months prior to the date the current leave request begins.

All serious health conditions involve treatment by a health care provider. As a result, certification by the employee’s health care provider is strongly recommended to determine if a serious health condition exists.

A serious health condition means an illness, injury impairment, or physical or mental condition that involves one of the following:

1. Hospital Care
   Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity² or subsequent treatment in connection with or consequent to such inpatient care.
   
   
2. Absence Plus Treatment
   A period of incapacity² of more than three consecutive calendar days (including any subsequent treatment or period of incapacity² relating to the same condition), that also involves:
   1. Treatment³ two or more times by a health care provider, by a nurse or physician’s assistant under the 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
   2. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment⁴ under the supervision of the health care provider.
   
   
3. Pregnancy
   Any period of incapacity due to pregnancy, or for prenatal care.
   
   
4. Chronic Conditions Requiring Treatments
   A chronic condition which:
   1. Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider;
   2. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
   3. May cause episodic rather than a continuing period of incapacity² (e.g., asthma, diabetes, epilepsy, etc.)
   
   
5. Permanent/Long-term Conditions Requiring Supervision
   A period of incapacity² which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer’s, a severe stroke, or the terminal stages of a disease.
   
   
6. Multiple Treatments (Non-Chronic Conditions)
   Any period of absence to receive multiple treatments (including any period of recovery there from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity² of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), and kidney disease (dialysis).