New FMLA policy and leave forms go into effect

Effective April 15, 2005, we have made changes to the University leave policy for the Family and Medical Leave Act (FMLA) leave and revised our University leave forms.  The new University FMLA policy is intended to comply with and bring us into alignment with the provisions of the federal Family and Medical Leave Act.

One major change in the new policy is the definition of eligible employee.  In the past, an employee was eligible for FMLA leave if he or she had been employed by the University for at least 12 months (consecutive or non-consecutive), and was a regular staff member eligible for University group health insurance benefits at the time leave commenced.  To align ourselves with the federal regulation, the new FMLA policy defines an employee as eligible for FMLA leave when he or she has been employed by the University for at least 12 months (consecutive or non-consecutive), and has worked at least 1,250 hours (this is actual hours worked and does not include any paid leaves such as vacation) during the 12-month period preceding the date leave commences.

Another significant change in the new FMLA policy is the employee’s right to use paid leave without any limitations being placed by the employer on the substitution of paid vacation or paid personal leaves.  Generally, FMLA leave is unpaid, per the federal regulation.  However, the federal regulation allows the employer to require an employee to substitute accrued paid leave for FMLA leave.  The University does require an employee to use accrued, unused paid sick leave for his or her own serious health condition or the serious health condition of the employee’s parent, spouse, or child.  Upon exhausting all paid sick leave, the employee has the right to use his or her accrued, unused paid vacation and/or unused paid personal days during FMLA leave.  This will no longer be subject to prior approval by the employee’s supervisor.

The final change in the new policy is called for by the Purdue University Board of Trustees resolution of September 2002, whereby benefits have been granted to same-sex domestic partners.  While the federal regulation’s definition of ‘spouse’ does not include same-sex domestic partner, same sex domestic partners will be considered ‘spouses’ for purposes of the University’s new FMLA policy.

We have also eliminated the use of three University leave forms, namely the Form 33 (Request for Approval from Campus Duty), the Form 33CS (Request for Leave of Absence for Clerical and Service Staff), and the Form 33A (Request for Approval of Absence from Campus Duty).  We have replaced these forms with new forms, namely the HRS Form 33F (Request for Sabbatical, Research, Outside Activity Leave or Change in Duty Station), the HRS Form 33ABSENCE (Request for Absence from Campus), and the HRS Form 33FMLA (Faculty and Staff Record of FMLA Leave).  These new forms, as well as the new FMLA policy, are accessible on the Web.

Leave forms

FMLA policy

For any questions about the new FMLA policy or the new leave forms, you may contact Pat D. Russell, ADA/Leaves/CDL Program Consultant, at 49-40269 or prussell@purdue.edu, or your Human Resources team.

- Pat Russell
Employee Relations