Family Medical Leave (FML) is a leave intended to allow an employee up to twelve protected work weeks off work for qualifying family and medical events in accordance with the Federal Family and Medical Leave Act of 1993 (Final Rule issued April 1995).

Eligibility

• Employee has twelve or more months of cumulative service with the University.
• Employee has worked at least 1,250 regular hours in the twelve months prior to the start of this leave.
• Employee (or qualified family member) has a serious health condition as defined by the Federal Family and Medical Leave Act.
• Employee has remaining balance of available FML in the current FML year (FML Year is a period of twelve months measured backward from the date of the first requested leave).

Procedure

• Employee submits request to immediate supervisor as soon as possible.
• Supervisor determines eligibility and notifies employee (within two business days) of the determination.
• Employee provides requested certification within fifteen calendar days of request from supervisor, if applicable.
• Completed paperwork is forwarded to the Human Resources Leave Management Team.
• Process is repeated for each FML extension.

What Happens to your Benefits?

• As long as you are on paid status (e.g., sick time, vacation time), benefit deductions will be taken from your paycheck.
• Upon non-pay status, you may continue health benefits through the end of the FML leave by paying only the employee cost of any such benefits.
• Following the unpaid leave start date, you will receive a packet in the mail from the Human Resources Leave Management team that includes:
  • A form to waive, change or continue the existing benefits;
  • A bill with the itemized employee benefit cost and payment schedule; and
  • Other helpful information

Forms

• FML Request Form (MS Word)
• FML Certification of Health Care Provider Form (MS Word)
• Employer Response to Employee Regarding FML Form (MS Word)

Links to Policies

• Classified Staff Policy Manual, Policy 218.0

Related Links

• Family Medical Leave Calculator

FAQs

Q: Is the University closure counted against my FML balance if I am out during this time?

A: Not if you are not normally scheduled to be at work. The same guideline would apply for academic staff not required to be at work over the summer months.

Q: What happens if my supervisor has not responded within the two business day time frame?

A: Your request would be considered approved as FML.

Q: My spouse and I both are employees at the University. We will be having a baby; do we both get twelve weeks off?

A: As employees of the same employer, the total between the two employees will not exceed twelve weeks of FML.

Q: Is FML paid?

A: FML is mandated as unpaid. The University requires the use of available sick leave as a form of pay during FML. Upon exhaustion of sick leave, the employee has the discretion to use available annual leave/vacation leave.

Q: Why do I report FML hours if I have enough sick or vacation to cover my absence?

A: FML is not a stand alone or separate leave. It runs concurrently with sick, vacation, unpaid leave of absence, personal leave, workers' compensation, Compassionate Transfer Leave, or short-term disability. Sick, vacation and Compassionate Transfer Leave, when applicable, are the source of compensation during the FML. The Federal Family and Medical Leave Act and the University policy require that leave qualifying under FMLA is reported as FML independent of the source of compensation.

Q: What does "protected leave" represent to employees?

A: FMLA protection includes:

• Commitment of the employer to restore the employee to the same or equivalent job upon returning from an FML qualifying leave.
• The use of FML cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave.

Q: What happens if I exhaust all FML and I am still unable to return to work?

A: Although you may have available sick and vacation time, you should inform your department of the inability to return to work as scheduled and apply for an extension of your leave. Approval of your application for a leave extension beyond the FML protected work weeks is at the discretion of the department.

Q: How do I report my FML time on time sheets?

A: Sick pay used during FML is coded as FS. Vacation pay used during FML is coded as FV. Unpaid status during FML is coded as FA. Holiday pay occurring during FML is coded as FH.

Q: In addition to the university policy and the website of the Department of Labor, what other FMLA resources are available for employees?

A: The Department of Labor has prepared a poster summarizing the major provisions of the Family and Medical Leave Act (FMLA).