![]() Family Medical Leave PolicyUnit: Human Resources | ||
PurposeTo provide employees with a consistent and uniform process for medical leaves of absence. This policy meets and/or exceeds the requirements of the Family and Medical Leave Act of 1993, as amended January 2008, and its implementing regulations effective January 16, 2009. PolicyAn eligible employee may take up to 12 workweeks of Family and Medical Leave (FML) within any 12-month rolling period and be restored to the same or to an equivalent position upon their return. Qualifying employees may take up to 26 workweeks in a 12-month period for Military Caregiver Leave. This leave is calculated using the 12-month period from the date Military Caregiver Leave begins, not the usual 12 month rolling period.
Reasons for Family and Medical Leave
FML for reasons 1 or 2 must be completed within the 12-month period beginning on the date of the birth or placement of a child and must be taken in a continuous period without intermittent breaks. If the employee is requesting leave for the birth of a child, two separate applications may need to be completed; one for the employee’s own serious health condition and the second for care/placement (i.e. bonding) with the newborn child, as such leaves are administered separately. Spouses who both work at the University and who request leave for reasons 1 or 2 are jointly limited to a total of 12 workweeks of FML. Employees must submit documentation showing the date of adoption or foster care placement and pertinent information from the appropriate agency to the University’s FML Administrator. Cases of a death, birth, adoption and/or placement of a child for adoption may also require making changes to benefits. An employee must complete and return the appropriate documentation to the HR Service Center within 30 days of the event. Failure to complete the necessary documentation within the specified timeframe will result in the employee having to wait until the annual open enrollment period to make changes to his/her benefits. Changes may also be made within 30 days of any subsequent qualifying life event. FML is not intended to cover short-term illnesses that do not meet the definition of a serious health condition where treatment and recovery times are brief. Some serious health conditions may also qualify as a covered disability under the ADA for which the University would, absent undue hardship, provide a qualified employee a reasonable accommodation. If an employee has an impairment that substantially limits a major life activity, they should contact the HR ADA Coordinator at the HR Service Center. More information about reasonable accommodations can be found on the HR ADA page. DefinitionsA serious health condition is defined on the Certification of Health Care Provider Form as an illness, injury, impairment or physical or mental condition that involves one of the following:
Treatment includes 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 includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of treatment does not include the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bedrest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a healthcare provider.
Military Caregiver Leave to care for the employee’s spouse, child, parent, or next of kinLeave may be taken by eligible employees to care for a covered service member or covered veteran (collectively, a “Military Member”) with a “serious injury or illness” who is that employee’s spouse, child, parent or next of kin (defined as the service member’s nearest blood relative). A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is receiving medical treatment, recuperation, or therapy, or is in outpatient status, or is on the temporary disability retired list for a serious injury or illness. A covered veteran is 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, National Guard or Reserves and who was discharged or released under conditions other than dishonorable within, in most cases, five years of requiring care. For a covered service member, a “serious injury or illness” is defined as an injury or illness that is incurred in the line of duty on active duty that may render the service member medically unfit to perform the duties of his or her office, grade, rank or rating. For a covered veteran, a “serious injury or illness” is defined as an injury or illness that was incurred in the line of duty on active duty, and that is either:
A Military Member’s serious injury or illness also includes injuries or illnesses that existed before the Military Member’s active duty and were aggravated by service in the line of duty on active duty. This FML military caregiver leave does not apply to care for former members of the armed forces who are on the permanent disability list. An eligible employee caring for a Military Member with a serious illness or injury is eligible for up to 26 workweeks of FML military caregiver leave within a 12-month period, calculated using the 12-month period beginning on the first day the military caregiver leave begins. If the employee needs to care for more than one Military Member or the original Military Member has a subsequent injury, the employee may be entitled to take an additional period of 26 weeks of leave in a different 12-month period, but the individual cannot take more than 26 workweeks for the same illness or injury for a single Military Member. Regular FML (i.e., for the individual’s own serious health condition or for the care of a non-service member) is still limited to 12 workweeks, and “qualified exigency” leave does not qualify for the 26 weeks military caregiver leave. An employee eligible for regular FML, FML military caregiver leave and/or a qualified exigency is limited to a combined maximum total of 26 workweeks of leave for any FML-qualifying reasons during the single 12-month period. Military qualifying exigency for Covered Active Duty LeaveEligible employees may take leave for “qualifying exigencies” arising when the employee’s spouse, son, daughter or parent is on covered active duty, called to covered active duty status, or has been notified of an impending call or order to covered active duty (the “covered service member”). For members of the Regular Armed Forces, covered active duty is duty during deployment of the covered service member with the Armed Forces to a foreign country. For covered service members of a Reserve component of the Armed Forces (members of the National Guard and Reserves), covered active duty is duty during deployment of the covered service member with the Armed Forces to a foreign country under a call or order to active duty in a contingency operation. Deployment to a foreign country means deployment to areas outside of the United States, the District of Columbia, or any Territory or possession of the United States. It also includes deployment to international waters. This leave is limited to 12 workweeks in the normal FML 12-month rolling period. Certification is required for leave taken due to a qualifying exigency. An employee may contact the University’s FML Administrator to discuss certification requirements. “Qualified exigencies” are defined to include the following: Short-notice deployment: Leave can be taken to address issues that arise from the fact that a covered service member is called to covered active duty with notice of seven days or less prior to deployment. This leave can be taken only during the seven day or less period during which the covered service member receives notice of deployment.
Additional activities: Leave may be allowed to address other events that arise out of the covered service member’s covered active duty or call to covered active duty status provided that the appropriate UA supervisor and the employee agree that such leave shall qualify as an exigency and agree to both the timing and duration of such leave. ScopeThis policy applies to all UA faculty and staff. | ||
Office of the Vice President of Finance and OperationsApproved by Cheryl Mowdy, Assistant Vice President for Finance and Operations, 09/11/2019 |