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Human Resources Classified Staff
Policy and Procedures

FEDERAL FAMILY & MEDICAL LEAVE ACT OF 1993

It is the intention of the University to support to the greatest extent possible, and in a manner consistent with the effective and efficient operations of the University, employees who have special needs for reasons of pregnancy, childbirth, infant care, adoption, foster care, family care for the employee's spouse, child or parent with a serious health condition. While compliance with the Family and Medical Leave policy is assumed and required, deans, directors, department heads, and other supervisors are encouraged to find flexible and creative approaches to balancing the needs of work units and of employees within said units when reviewing leave requests that fall outside the requirements of this policy.

POLICY

The University of Arizona is committed to providing Family and Medical Leave (FML) to eligible employees in accordance with the Federal Family and Medical Leave Act of 1993 (Final Rule issued April 1995). Eligible employees are entitled to a total of up to 12 work weeks of Family and Medical Leave during a 12 month "leave year". For any FML absence, an eligible employee is required to use accrued sick leave and shall be permitted to use accrued vacation, if the employee so elects.

The Federal Family and Medical Leave Act (FMLA) prohibits any University employee or supervisor/administrator to: a) Interfere with, restrain, or deny the exercise of any right provided under the FMLA; and b) Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

ELIGIBILITY

All University employees who meet the following eligibility requirements shall be provided Family and Medical Leave. Eligible employees are those who:

1. have at least 12 months of cumulative service and have worked at least 1,250 hours at the University during the 12 month period preceding the date their FML is to begin; and
2. have a qualifying reason for taking FML (see "Qualifying Reasons" below); and
3. have a remaining balance of FML (see "Determining Remaining Balance" below).

Qualifying Reasons

An eligible employee may take Family and Medical Leave for one or more of the following qualifying reasons:

• the birth of the employee’s child and the care of such newborn child;
• the placement of a child with the employee for adoption or foster care;
• the care of the employee’s spouse, child or parent who has a serious health condition;
• the employee’s own serious health condition that prevents him/her from performing the essential functions of his/her position.

Serious Health Condition

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 incapacity or subsequent treatment in connection with or consequent to such inpatient care.
2. Absence Plus Treatment: A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves: a) Treatment two or more times by a health care provider; or b) 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.
3. Pregnancy: Any period of incapacity due to pregnancy, or for prenatal care.
4. Chronic Conditions Requiring Treatments: A condition which requires periodic visits for treatment by 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.).
5. Permanent/Long-term Conditions Requiring Supervision: A period of incapacity 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 therefrom) 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 incapacity 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), kidney disease (dialysis).

(Note: Unless complications arise, colds and flus are not typically serious health conditions.)

Determining Remaining Balance of Family and Medical Leave

An eligible employee may take up to 12 work weeks of Family and Medical Leave during a "leave year." The "leave year" is defined as 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. Future requests for FML 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.

REQUESTS FOR LEAVE

Requests for Family and Medical Leave must be made to the immediate supervisor or responsible administrator, providing as much notice as practicable in cases of medical emergency or other unforeseen events. When the leave is foreseeable such as for planned medical treatment or birth of a child, the request is to be submitted in writing at least 30 calendar days in advance. (Appointed personnel with teaching responsibilities are encouraged to make their request as far in advance before the start of the semester as possible.) The request must include enough information for the supervisor/administrator to conclude a FML qualifying reason exists and a proposed schedule of leave dates, including when accrued paid leave will be used and when unpaid leave will be used. For each request, a Family and Medical Leave Request Form (MS Word, PDF) must be completed. For requests due to serious health conditions, the employee may be required to provide certification (see Certification Requirements below).

The proposed schedule of leave for serious health conditions may be continuous, intermittent (periodic) or a reduced work schedule of partial days or weeks whereby only the absence may be covered by FML. FML for adoption, foster care, birth and the care of such newborn child must be completed within 12 months of the birth, adoption, or foster care placement and must be taken in continuous work weeks unless the employee and the supervisor/administrator of his/her unit mutually agree to a different schedule. When a husband and wife are both employed by the University and are eligible for Family and Medical Leave, the total number of work weeks of leave for birth, adoption and foster care placement to which both are entitled is limited to 12 work weeks.

Upon receipt of an employee’s leave request, the supervisor or responsible administrator shall promptly (within two business days absent extenuating circumstances) determine the employee’s eligibility for Family and Medical Leave and notify the employee whether the leave will be considered as FML. In absence of an employee expressly requesting "Family and Medical Leave," the supervisor/administrator has the right to designate any eligible employee’s FML qualifying absences as part of an employee’s 12 work week entitlement of FML. This designation shall only occur within two business days following the receipt of sufficient information demonstrating that the leave requested is for a reason that qualifies under this Family and Medical Leave policy. Notification to the employee of FML request approval or designation may be verbal and must be followed up in writing. An Employer Response to Employee Regarding Family and Medical Leave form (MS Word, PDF) is available for this notification.

The department shall keep an accurate record of FML taken, including when accrued paid leave and unpaid leave is used. In addition, the department shall record FML absences in accordance with FRS procedures. While the use of accrued compensatory time may be approved, it may not be counted as part of an employee’s 12 work weeks of FML.

Certification Requirements

For requests due to the serious health condition of the employee’s spouse, parent or child or the employee’s own serious health condition, written certification from a health care provider must be supplied by the employee as soon as possible but no later than 15 calendar days following a request for certification by the supervisor/administrator. A FML Certification of Health Care Provider (MS Word, PDF) form may be used. The certification must include enough information for the supervisor/administrator to confirm a serious health condition exists, the probable duration of the condition, and the specific period(s) of incapacity. In the case of an employee’s need to care for a child, spouse or parent with a serious health condition, the certification must also include a description of the care and an estimate of the time that such employee needs to care for the family member.

An employee may be required to submit subsequent certifications no more frequently than every 30 calendar days unless an extension or modification of leave is requested, changed circumstances occur regarding the serious health condition or information arises that questions the validity of the earlier certification.

In cases of the employee’s own serious health condition, the employee may be required, on or before the date he/she returns to work, to provide a certification from a health care provider confirming the employee is able to return to work and perform the essential functions of his/her position.

RETURN FROM FAMILY AND MEDICAL LEAVE

When an employee returns to work on or before the expiration of the Family and Medical Leave, the employee's department shall reinstate the employee to his/her position or to a comparable position at a pay rate not less than the former rate. If, however, a classified staff employee on Family and Medical Leave is identified for layoff to be effective prior to the expiration of leave, the employee would not be entitled to reinstatement.

Employees who require additional leave from work beyond the established 12 work weeks provided within this policy may request the use of any remaining accrued paid leave (e.g., sick leave time) or unpaid leave, subject to the approval by the responsible administrator. Unpaid leaves are addressed in UHAP 8.04 for appointed personnel and policies 209.0and 212.0 of the Staff Personnel Policy Manual for classified staff.

An employee on Family and Medical Leave will be considered to have voluntarily terminated employment if he/she:

1. Advises the University of his/her intention not to return to work, or
2. Fails to return to work upon the expiration of Family and Medical Leave, except in instances where the employee has requested and been granted the use of any remaining accrued paid leave or unpaid leave.

An employee on Family and Medical Leave who voluntarily terminates employment as described in a) and b) above for reasons other than the continuation, recurrence or onset of the employee's own or covered family members' serious health condition may be required to return to the University the full health and dental insurance premiums paid by the University on behalf of the employee during the period of unpaid Family and Medical Leave.

EFFECT ON BENEFITS

Continuation of Group Health Insurance: The University will continue to pay the employer's portion of the group health and dental insurance premiums for the duration of the Family and Medical Leave. During the weeks of unpaid leave, the employee will be required to pay his/her portion of the premium by the first of the month each month the premiums would otherwise have been deducted or paid. If the employee's portion of premium payment is more than 30 days overdue, the University will cease to maintain the employee's health and dental benefits.

Continuation of Other Insurances: Participation in automobile insurance, life insurance, and short-term disability insurance during the weeks of unpaid leave may be maintained and coverage continued if the employee pays the required premiums by the first of each month. If the employee elects to continue coverage, he/she must pay the entire cost of the insurance. Arrangements must be made with the Leave Management Unit of Human Resources prior to the beginning of the leave. Failure to make such arrangement prior to the beginning of the leave could result in termination of the employee's benefits.

Retirement: No refund of retirement contribution is made upon the commencement of the leave, since the return of the employee is anticipated.

Continuous Service: University continuous service shall accrue during the period of Family and Medical Leave.