Family and medical leave:
Navigating the murky waters

The FMLA process can often prove to be a confusing myriad of forms, deadlines, and rules.  To help supervisors move through Family and Medical Leave Act (FMLA) responsibilities with their employees in the quickest and most “confusion-free” way possible, we’re providing a three-part overview of the process.  

In this issue of LeadingEdition, we’ll briefly cover the history of FMLA, University policy regarding FMLA, and the three ways employees may take FMLA leave.

FMLA history

Let’s first review the FMLA, enacted on February 5, 1993.  Simply stated, it entitles an eligible employee to take up to 12 workweeks of leave during any rolling 12-month period for a qualifying reason.  Qualifying reasons are:  

1. The birth of the employee’s child

2. The placement with the employee of a child for adoption or foster care

3. The care of the employee’s child during the 12 months following birth or placement

4. The employee’s care of his or her spouse, child, or parent with a serious health condition

5. The employee’s own serious health condition

Upon return from FMLA leave, an employee is entitled to be returned to the same position he or she held when leave commenced or to an equivalent position (one virtually identical to the employee’s former position in terms of pay and working conditions, including status and benefits).  Also, the leave may not be held against the employee in other ways, including when determining pay increases and during the employee’s performance review.  Sounds simple, right?  Read on!

There are two main components to determine if an employee is eligible for FMLA coverage.  First, according to the federal regulations, the person must have been employed by the employer for at least 12 months prior to the beginning of the leave, but the 12 months don’t need to be consecutive (this is referred to as “history of employment”).  For example, an employee who worked for the University in the past, left to work for another employer, and later is re-employed by the University would meet this history portion.

In addition to meeting the history portion of eligibility, FMLA regulations also state that an employee must have worked at least 1,250 hours during the 12-month period preceding the leave.  Purdue has adopted a broader policy in which regular staff members qualify if they are eligible for University group health insurance benefits at the time leave commences.   

Ways to take FMLA leave

We have briefly discussed the qualifying reasons for using FMLA leave and the definition of an eligible employee.  Now let’s look at the ways an employee may take this leave.  In most cases, employees take FMLA as a continuous leave. 

The FMLA process should be initiated for all eligible employees who have been absent for more than three consecutive calendar days for a qualifying reason.  For example, Sue is a full-time employee who has worked for the University since 1999.  She has learned from her doctor that next month she must undergo surgery due to a serious health condition.  Sue’s doctor has estimated her recovery time as six weeks.  Sue plans to be off work completely for this amount of time and then return to full-time duty.  Sue’s leave is considered continuous because she will be absent for more than three consecutive calendar days.  Once her supervisor or department becomes aware that Sue may have an FMLA-qualifying condition, her department must provide her with the appropriate FMLA forms within two business days and begin tracking her leave time, even if Sue does not formally request FMLA leave. 

An employee may also take leave on an intermittent basis for FMLA-qualifying reasons.  Time taken during an intermittent leave immediately counts against the 12 workweeks of FMLA, regardless of whether the employee’s total absence exceeds the equivalent of three consecutive calendar days.  Consider John, a part-time benefits-eligible employee who has worked for the University for 16 months.  John must undergo two-hour physical therapy sessions twice a week for six weeks.  Even if John does not formally request FMLA leave for his physical therapy, his supervisor should determine if John is eligible for FMLA, and if so, provide him with the required forms.  His supervisor should instruct John to clearly mark the time used for his physical therapy appointments on his time card or report the time used for his appointments. 

FMLA leave may also be taken as a reduced schedule (the employee works fewer hours per day or per week than usual).  As with intermittent leave, a reduction in an employee’s work schedule due to an FMLA-qualifying reason counts against the 12 workweeks of FMLA immediately.  For example, Margaret has been an employee of the University for five years, and she normally works eight-hour days.  She has recently sustained a back injury, and her doctor states that she can only work five hours per day for the next three weeks.  Once the FMLA forms have been completed, this three-week period would be tracked as a reduced schedule leave and the hours of her usual schedule that she does not work would count against her 12 workweeks of FMLA. 

In a nutshell, FMLA protects an eligible employee’s job if he or she needs to take time off for covered medical and family reasons.  In addition, employees have three ways to take FMLA – as a continuous leave, on an intermittent basis, or on a reduced schedule. 

In the next issue of LeadingEdition, we’ll provide you with knowledge and tools to initiate and track FMLA leave for eligible employees.  In the meantime, be sure to contact your Business Office, Employee Relations, or your Human Resource Service Team if you have any questions regarding FMLA or if you think that FMLA may apply to one of your employees. 

- Stasia Harris, Erin Lukesh, and Pat D. Russell
  Human Resource Services – Employee Relations