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Statement of Policy
The Family and Medical Leave Act is a federal regulation
that grants eligible employees the right to take 12 workweeks
of job-protected leave over a 12-month period for FMLA-covered
medical and family reasons. This policy is effective
as of April 15, 2005. FMLA leaves that were approved
under the prior FMLA policy and that are in effect on April
15, 2005, will be honored until October 15, 2005, at which
time all FMLA leaves will be governed by this policy.
Reason for Policy
This policy and the Family and Medical Leave Act Faculty
and Staff Guidelines (Appendix E) describe the circumstances
in which FMLA leave may be taken, notice provisions, medical
certification requirements, coordination with other types
of leave, reinstatement issues, and other issues related
to FMLA leave.
Who Should Know This Policy
- President
- Provost
- Associate and Vice Provosts
- Chancellors
- Vice Chancellors
- Vice Presidents
- Deans
|
- Faculty
- Directors/Department Heads/Chairs
- Administrative and Professional Staff
- Clerical and Service Staff
- Supervisors
- Human Resources Staff
- Business Office Staff
|
Related Documents
See Appendices.
Contacts
West Lafayette Campus —
| • ADA/Leaves/CDL
Program Consultant |
(765) 494-0269 |
| • Employee Relations
Secretary |
(765) 494-1679 |
| • Physical Facilities
Human Resources Team |
(765) 494-1421 |
| • Housing and Food
Services Human Resources Team |
(765) 494-9418 |
| • Information Technology
Employee Relations Consultant |
(765) 496-7261 |
| • HR Manager for
Advancement |
(765) 494-0542 |
| |
|
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| Calumet Campus |
Director of Human Resources |
(219) 989-2254 |
| North Central Campus |
Director of Human Resources |
(219) 785-5300 |
| Fort Wayne Campus |
Director of Human Resources |
(260) 481-6677 |
Table of Contents
Statement of Policy
Reason for Policy
Who Should Know This Policy
Related Documents
Contacts
Table of Contents
Definitions
Exclusions
Procedures
Special Situations
History
Official Documentation
Forms
Appendix
Definitions
Eligible employee
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An employee who has been employed by the University
for at least 12 months, consecutively or non-consecutively,
and has worked at least 1,250 hours during the 12-month
period preceding the date FMLA leave commences. |
Family and Medical
Leave Act
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The Family and Medical
Leave Act of 1993, 29 or FMLA U.S.C. § 2611 et.
seq.
|
Family member
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A son, daughter, spouse, or parent (see respective
definitions). |
| Health care provider |
A
doctor of medicine or osteopathy who is authorized
to practice medicine or surgery by the State in which
the doctor practices; or others capable of performing
health care services, including: a) podiatrists, dentists,
clinical psychologists, optometrists, and chiropractors
(limited to treatment consisting of manual manipulation
of the spine to correct a subluxation as demonstrated
by X-ray to exist) authorized to practice in the State
and performing within the scope of their practice as
defined under State law; b) nurse practitioners, nurse-midwives,
and clinical social workers who are authorized to practice
under State law and who are performing within the scope
of their practice as defined under State law; c) Christian
Science practitioners listed with the First Church
of Christ Scientist in Boston, Massachusetts; d) any
health care provider from whom the University or the
University's group health plan's benefits manager will
accept certification of the existence of a serious
health condition to substantiate a claim for benefits;
and e) a health care provider as defined above who
practices in a country other than the United States,
who is licensed to practice in accordance with the
laws and regulations of that country and who is performing
within the scope of his or her practice as defined
by law. |
| Human Resources |
The campus human resources department or the appropriate
human resource service team (West Lafayette). |
Intermittent leave
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FMLA leave taken in separate blocks of time due to
a single qualifying reason. |
Parent
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The biological parent of an employee or an individual
who stands or stood in loco parentis to an
employee when the employee was a child. The
term does not include parents "in-law". |
Reduced schedule leave |
A leave schedule that reduces an employee's usual
number of working hours per workweek, or hours per
workday. |
| Serious health condition |
An
illness, injury, impairment, or physical or mental
condition that involves a) inpatient care (i.e.,
an overnight stay) in a hospital, hospice, or residential
medical care facility, including any period of incapacity
(for purposes of this policy, defined to mean inability
to work, attend school, or perform other daily regular
activities due to the serious health condition, treatment
therefor, or recovery therefrom), or any subsequent
treatment in connection with such inpatient care; or
b) continuing treatment by a healthcare
provider.
A serious health condition involving continuing
treatment by a health care provider includes
any one or more of the following:
- A period of incapacity (i.e., inability to work,
attend school, or perform other regular daily activities
due to the serious health condition, treatment therefor,
or recovery therefrom) of more than three consecutive
calendar days, including any subsequent treatment
or period of incapacity relating to the same condition,
that also involves:
- treatment two or more times by a health care
provider, by a nurse or physician's assistant
under direct supervision of a health care provider,
or by a provider of health care services (e.g.,
physical therapist) under orders of, or on
referral by, a health care provider; or
- treatment by a health care provider on at
least one occasion which results in a regimen
of continuing treatment under the supervision
of the health care provider.
- Any period of incapacity due to pregnancy, or for
prenatal care.
- Any period of incapacity or treatment for such
incapacity due to a chronic serious health condition. A
chronic serious health condition is one which:
- requires periodic visits for treatment by a health care provider,
or by a nurse or physician's assistant under direct supervision of
a health care provider;
- continues over an extended period of time (including recurring
episodes of a single underlying condition); and
- may cause episodic rather than a continuing period of incapacity
(e.g., asthma, diabetes, epilepsy, etc.)
- A period of incapacity that is permanent or long-term
due to a condition for which treatment may not be
effective. The employee or family member must
be under the continuing supervision of, but need
to be receiving active treatment by, a health care
provider. Examples include Alzheimer's, a
severe stroke, or the terminal stages of a disease.
- Any period of absence to receive multiple treatments
(including any period of recovery therefrom) by a
health care provider or by a provider of health care
services under orders of, or on referral by, a health
care provider, either for restorative surgery after
an accident or other injury, or for a condition that
would likely result in a period of incapacity of
more than three consecutive calendar days in the
absence of medical intervention or treatment, such
as cancer (chemotherapy, radiation, etc.), severe
arthritis (physical therapy), or kidney disease (dialysis).
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| Son or daughter |
A biological, adopted, or foster child, a legal ward,
or a child of a person standing in loco parentis ,
who is under 18 years of age or is 18 years of age
or older and incapable of self-care because of a mental
or physical disability. |
| Spouse |
A husband or wife as defined or
recognized under State law for purposes of marriage
in the State where the employee resides, including
common-law marriage in states where it is recognized.1 |
1 While
the FMLA definition of "spouse" does not include same-sex
domestic partners, same-sex domestic partners will
be deemed "spouses" for
purposes of this policy pursuant to the Board of Trustees'
September 2002 resolution, which granted benefits to
same-sex domestic partners. |
Exclusions
Employees who have not worked for the University for at
least 12 months and/or have not worked at least 1,250 hours
during the 12-month period preceding the date that FMLA leave
would commence are not eligible for FMLA leave.
Procedures
Introduction
The following provisions summarize the University's policy
on FMLA leave. Due to the complexity of the FMLA and its
interrelationship with the University's other leave policies,
the Family and Medical Leave Act Guidelines (Appendix E),
which more fully explain the rights and responsibilities
of the University and its employees under the FMLA, have
been developed and are periodically updated by the Human
Resources department (West Lafayette). Both this policy and
the guidelines should be consulted when questions arise regarding
FMLA leave.
General Provisions
FMLA-Qualifying Leaves
The University will grant an eligible employee 12 workweeks
of FMLA leave over a 12-month period for the
following reasons:
- because of a serious health condition that
makes the employee unable to perform one or more of the
essential functions of the employee's job, as certified
by his or her health care provider;
- for birth of his or her child;
- for placement with the employee of a child
for adoption or foster care (including related court
appearances, consultations with attorneys, and counseling
sessions);
- to care for a child during the first 12 months
following birth or placement ("bonding" with the child);
or
- if the employee is needed to care for his
or her spouse, child, or parent with a serious health condition,
as certified by the family member's health care provider.
Workweeks
Workweeks will be calculated based on each individual employee's
workweek.
Twelve-Month Period
The 12-month period will be a rolling 12-month period measured
backward from the date FMLA leave commences.
Twelve-Week Spousal Limitation
A husband and wife who are employed by the University will
be limited to a combined total of 12 workweeks of leave during
the 12-month period if the leave is taken:
- for birth of their child;
- for placement with them of a child for adoption
or foster care;
- to care for a child during the 12 months following
birth or placement ("bonding with the child); or
- to care for the employee's parent (excluding
in-law) with a serious health condition.
Intermittent and Reduced Schedule Leave
FMLA leave may be taken on an intermittent or reduced schedule
basis for certain FMLA-qualifying reasons.
Employee Notice
- An employee will, if possible, request FMLA
leave in writing on the Family and Medical Leave Act
Request and Notice Form, Appendix A. However, FMLA leave
will not be denied if an employee gives his or her supervisor
verbal notice of the need for FMLA leave and the timing
and duration of the leave.
- For foreseeable FMLA leave based on planned
medical treatment, an employee must consult with his
or her supervisor and make a reasonable effort to schedule
the leave so as not to disrupt the University's operations.
- If the FMLA leave is foreseeable, an employee
must give his or her supervisor at least 30 days advance
notice of the need for leave, if practicable.
- If the FMLA leave is not foreseeable, an employee
or his or her representative must give notice of the
need for leave to the employee's supervisor as soon as
practicable ( i.e ., ordinarily within two business
days after the need for leave becomes known).
- If an employee takes leave for an FMLA reason
without notifying the supervisor, the leave has not been
designated by the University as FMLA leave, and the employee
desires FMLA leave, the employee must notify his or her
supervisor within two business days after returning to
work that the leave was taken for an FMLA reason. Absent
such notice, the employee is not entitled to the protections
of the FMLA.
Group Health Insurance
The University will continue to pay its share of the cost
of an employee's group health insurance during FMLA leave,
unless the employee notifies the University in writing to
cancel coverage. If the employee uses paid leave during FMLA
leave, the employee's share of the premium will be deducted
from the employee's pay in accordance with normal practice.
If the FMLA leave is unpaid, the employee must pay his or
her share of the premium. If the employee fails to pay his
or her share of the premium, the University reserves the
right to pay the employee's share of the premium or to cancel
coverage, as permitted by law. If the employee fails to return
to work after the FMLA leave, the University may recover
from the employee the premiums it paid for the employee's
insurance, unless the employee is unable to return to work
due to a serious health condition, or other circumstances
beyond the employee's control.
Medical Certification
- If FMLA leave is due to a serious health
condition of the employee or his or her spouse, child,
or parent, then the employee is required to furnish medical
certification of the serious health condition.
- The certification will be completed and
signed by the individual's principal health care provider.
- The certification must be returned to Human
Resources within fifteen (15) calendar days of the date
that the certification is delivered to the employee, unless
the employee is unable to do so despite his or her good
faith efforts. If the employee fails to submit the certification,
the leave or continuation of leave may be delayed until the
certification is submitted. Further, any absence prior
to the effective date of the certification may be considered
unauthorized. An employee who is absent without
authorization may be disciplined, up to and including termination.
- A health care provider representing the
University may contact the individual's health care provider,
with the employee's permission, to clarify and authenticate
the certification.
- The University reserves the right to request
recertification as described in the Guidelines, Appendix
E.
Return-to-Work Statement
If FMLA leave is due to the employee's serious health condition,
he or she must present a return-to-work statement to his
or her supervisor or Human Resources upon returning to work.
The statement must specify whether the employee is able to
work and any physical or other restrictions on the employee's
ability to work. Reinstatement may be delayed until the employee
submits the statement. A return-to-work statement
will not be required upon an employee's return to his or
her regular schedule from intermittent leave.
Coordination of FMLA Leave With Other University Leaves
The use of other University paid leaves of absence during
an FMLA-qualifying leave will decrease, in whole or in part,
the amount of FMLA leave available to an employee for the
following types of paid leave:
- Worker's Compensation: If an employee
takes worker's compensation leave for an FMLA-qualifying
reason, the employee's FMLA leave and worker's compensation
leave will run concurrently.
- Paid Sick Leave: If an employee's FMLA leave
is due to his or her own serious health condition or a
family member's serious health condition and the employee
has accrued, unused paid sick leave, the employee must
use the paid sick leave during the FMLA leave. On
a fiscal-year basis, employees may take a maximum of 10
days of paid sick leave to care for a family member with
a serious health condition. The
employee's FMLA leave and the paid sick leave will run
concurrently.
- Paid Vacation Leave: Upon exhausting all paid
sick leave, an employee has the right to use accrued,
paid vacation during an FMLA-qualifying leave. The
employee's FMLA leave and vacation leave will run
concurrently.
- Paid Personal Business Days (Faculty, Continuing
Lecturers, and Administrative and Professional staff only):
Upon exhausting all paid sick leave, a faculty member,
a continuing lecturer, or an administrative or professional
staff member has the right to use paid personal business
days during FMLA leave. The employee's FMLA leave
and paid personal business days will run concurrently.
- Paid Personal Holiday (Clerical and Service
staff only): Upon exhausting all paid sick leave, a
clerical or service employee has the right to use a paid
personal holiday during FMLA leave. The employee's
FMLA leave and paid personal holiday will run concurrently.
University
Designation of Leave
It is the University's responsibility to designate leave
as FMLA leave, and to give the employee timely notice of
the designation.
Reinstatement
Except as provided in the following three paragraphs, an
employee will be reinstated to the same position he or she
held when FMLA leave began or to an equivalent position with
equivalent pay, benefits, and other terms and conditions
of employment, provided the employee can perform the essential
functions of the position.
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The University's obligation to restore the
employee to the same or an equivalent position ceases:
1) if and when the employment relationship would have
terminated if the employee had not taken FMLA leave;
2) the employee informs the University of his or her
intent not to return to work at the expiration of the
FMLA leave; 3) the employee fails to return to work at
the expiration of the FMLA leave; or 4) the employee
continues on leave after exhausting his or her FMLA leave
entitlement in the 12-month period.
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An employee who exceeds his or her FMLA
leave and remains off work under a non-FMLA leave is not
entitled to reinstatement to the same or an equivalent
position under the FMLA. The employee's right to reinstatement
will be controlled by the non-FMLA leave policy.
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The University may deny reinstatement to
any salaried employee who is among the highest paid 10
percent of all individuals employed by the University if:
1) the denial is necessary to prevent substantial and grievous
economic injury to the operations of the University; and
2) the University notifies the employee of its intent to
deny leave on such basis at the time the University determines
that such injury would occur, and, if the employee is on
leave, the employee elects not to return to employment
after receiving such notice.
No Negative Action
FMLA leave will not be used as a negative factor in employment
actions, such as hiring, promotions, disciplinary actions,
or under attendance policies.
Confidentiality
All medical information relating to FMLA leaves, whether
verbal or written, shall be kept confidential to the maximum
extent possible. All medical documents including, but not
limited to, medical certifications must be maintained in
confidential, secure files separate from personnel files
within Human Resources.
Guidelines
All medical guidelines relating to FMLA leaves will be developed
by the Human Resources department (West Lafayette) and updated
from time to time as necessary.
Questions
Questions regarding the foregoing policies should be directed
to Human Resources.
Special Situations
Any questions or concerns related to special situations
should be directed to Human Resources.
Responsibilities
| Person |
Responsibility |
| Employee |
See FMLA Employee Checklist (Appendix C) |
| Supervisor |
See FMLA Procedures & Responsibilities for Supervisors,
Business Offices, or Human Resource Services (Appendix
D) |
| Human Resources |
Answer questions and
review paperwork to ensure that procedures are being
followed |
History
Modification of Titles:
Amended:
Supercedes: Executive Memorandum C-30,
and a portion of Executive Memorandum C-47
Official Documentation
The Family and Medical Leave Act of 1993, Title 29, Part
825 of the Code of Federal Regulations
Forms
In support of this policy, the following forms are included:
| Name |
Number |
| Faculty and Staff Record of FMLA Leave |
Form 33FMLA (Appendix
F) |
| Family and Medical Leave Act Request
and Notice |
Appendix A |
| FMLA Medical Certification Form |
Appendix B |
Appendix
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