Family and Medical Leave Act (FMLA) of 1993

Under FMLA, an eligible Employee may be permitted to take up to a total of twelve (12) weeks of paid and/or unpaid job protected leave in a twelve (12) month period to attend to a serious personal medical condition(s) and/or to attend to qualifying family members. The twelve (12) month period is a "rolling back" period based on the initial date of the qualifying event. In addition, FMLA is used for the birth, adoption or state placement of a child. FMLA is an approved leave.

A. Reasons for Leave

Leave may be taken for the following reasons:

• Due to a serious health condition that causes the Employee to be unable to perform the essential elements of his/her job.
• To care for the Employee's child after birth, adoption or state placement of a child with the Employee for foster care. Should both parents be employed at the University, the leave allowed is a total of twelve (12) weeks for both parents, not twelve (12) weeks each. All leave following the date of birth or placement must be taken within twelve (12) months following the event. Time off must be taken in consecutive days or weeks. No intermittent leave is available for birth, foster care placement or adoption events.
• To care for the Employee's spouse/same-sex domestic partner, child or parent who has a serious health condition.

B. Eligibility

In order to qualify, the Employee must have been employed by the University for at least twelve (12) months and must have worked 1,250 hours in the previous twelve (12) months. Paid and unpaid leave as well as hours paid under Worker's Compensation are not counted towards the 1,250 hours requirement.

C. Notice Requirement

The Employee must provide the University with thirty (30) days notice if the absence is foreseeable. If the request for the leave of absence is not reasonably foreseeable, then the Employee must notify the University as soon as possible. Any failure to give a timely notice may cause the leave to be delayed.

D. Medical Certification

The Employee must provide the University with certification from a health care provider of his/her serious health condition, or the family member's, requiring the leave. The Employee must provide such certification fifteen (15) days in advance of taking leave or the leave may be delayed or denied. A certification form will be provided by the Department of Human Resource Services.

Should the University disagree with the opinion given by the Employee's health care provider, the University reserves its right to require opinions from second or third health care providers at the University's expense.

The Employee may be required to furnish the University reports on status, intent to return and re-certification of the serious health condition at thirty (30) day intervals.

E. Paid/Unpaid Leave

The University requires that the Employee immediately use all available paid leave time available (e.g.: accrued sick leave, accrued vacation or accrued holidays will be allocated in the listed order) as part of the twelve (12) week FMLA leave. If the Employee is on leave without pay, then he/she will not accrue holidays, sick leave or vacation. Regarding maternity leave, the Employee may only use sick leave for the time that she is under a doctor's care.

F. Medical Insurance Continuation

While on FMLA, the University will continue to pay the Employer's share of medical insurance premiums under the group plan and the Employee must continue to pay his/her share in order to maintain coverage under the plan. Failure to pay premiums will result in a lapse of coverage. If the Employee fails to return at the end of the twelve (12) week leave, then he/she will be liable to the University for the Employer's share of the health care premiums, which has been paid by the University during the twelve (12) week period.

In addition, while not required by the Act, the University will continue Long-Term Disability and Life Insurance benefits for covered Employees who are on FMLA leave.

G. Return from Leave

If the leave was taken because of the Employee's own illness or injury, then he/she must provide a fitness-for-duty certification from a health care provider before returning to work. Failure to do so may cause a delay in the Employee's reinstatement.

Upon the Employee's return, the Employee will be entitled to reinstatement of his/her current position or to an equivalent position with the same pay and benefits.

H. Fraudulent Leave Requests

An Employee who fraudulently obtains FMLA leave from the University is not protected by the Act's job restoration or maintenance of health benefits provisions and will be subject to appropriate disciplinary action, including discharge.

I. Administration

All FMLA leaves for Employees will be administered through the Department of Human Resource Services.