Operating Procedures for FMLA Leaves

These procedures supplement the standard on Family and Medical Leaves (S-26). Please refer to the standard for contacts and definitions.

Effective Date: January 2, 2024

Employee Request for FMLA Leave

An employee will notify their supervisor and Human Resources of the need to request FMLA leave as soon as possible. If the leave is foreseeable, the employee will give at least 30 days’ advance notice of the need for leave, when practicable. If the leave is unexpected, the employee or their representative will provide notice no later than two (2) days after returning to work. Absent such notice, the employee is not entitled to the protections of the FMLA.

When a supervisor learns of an employee’s absence or need for leave due to the employee’s hospitalization, surgery, or three (3) consecutive days of absence due to a Serious Health Condition, the supervisor will notify Human Resources and, if they are in contact with the employee, advise them to contact HR as well.

Human Resources will provide the employee or their representative with the required forms. A completed Family and Medical Leave Act Request and Notice Form and Medical Certification must be submitted to Human Resources within 15 days of receipt.

If the FMLA leave is foreseeable, based on planned medical treatment, an employee will make a reasonable effort to schedule the leave so as not to unnecessarily disrupt the department’s operations.

If an employee has been approved for FMLA leave and takes leave for an FMLA reason but does not specify that the time is part of their approved FMLA leave, the employee must notify their supervisor within two (2) 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.

Designation of Leave

Human Resources will determine whether the employee is eligible for FMLA leave. If the employee is eligible, Human Resources will review the completed forms to determine whether the event qualifies for designation as FMLA leave. Human Resources, working with the employee’s supervisor, will provide the employee with timely notification of the determinations.

Intermittent and Reduced Schedule FMLA Leave

An Eligible Employee may take Intermittent or Reduced Schedule Leave:

To care for or bond with a newborn Son or Daughter or a newly placed adopted or foster Son or Daughter, subject to approval by the employee’s supervisor.
For treatment of an Eligible Employee’s or qualifying family member’s Serious Health Condition by or under the supervision of a Health Care Provider.
For treatment or recovery from an Eligible Employee’s or qualifying family member’s Serious Health Condition or a Covered Servicemember’s Serious Injury or Illness.
To care for a qualifying family member with a Serious Health Condition or a Covered Servicemember with a Serious Injury or Illness, including, but not limited to, providing needed psychological comfort to the family member or Covered Servicemember.
For periods of an Eligible Employee’s or family member’s incapacity or if the employee is unable to perform the essential functions of their job because of a Serious Health Condition even if not receiving treatment.
For leave due to a Qualifying Exigency.

Intermittent Leave (but not Reduced Schedule Leave) may also be used for:

Periodic medical appointments for treatment of a Serious Health Condition (e.g., chemotherapy).
Periodic occurrence of a Serious Health Condition (e.g., severe morning sickness).

An Eligible Employee will consult with their supervisor when scheduling Intermittent Leave in order to prevent unnecessarily disrupting the department’s operations.

The University may temporarily transfer an Eligible Employee to another position for which they are qualified with equivalent pay and benefits that better accommodates the Intermittent or Reduced Schedule Leave when the need for leave is foreseeable based on planned medical treatment, or if the employee’s supervisor authorizes the leave for the purpose of bonding with a newborn Son or Daughter or a newly placed adopted or foster Son or Daughter, subject to the restrictions of the Americans with Disabilities Act and the FMLA.

Certifications

For each of the three certifications listed below, the fully completed certification must be returned to Human Resources within 15 calendar days of the date that the certification is delivered to the employee, unless it is not practicable to do so under the circumstances despite the employee’s diligent, good faith efforts. If the employee fails to submit the certification or submits an incomplete certification, the leave or continuation of leave may either be delayed until the completed certification is submitted or denied. 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.

Human Resources will give an employee seven (7) calendar days to resolve any deficiency in a certification, unless it is not practicable under the circumstances despite the employee’s diligent, good faith efforts. Granting an extension to this time limit will be at the discretion of Human Resources.

A designated Human Resources professional, or a Health Care Provider representing the University, may contact the individual's Health Care Provider to clarify and authenticate an incomplete and/or insufficient certification.

Medical Certification: If FMLA leave is due to a Serious Health Condition of an employee or their Spouse, Son, Daughter, or Parent, the employee is required to furnish medical certification of the Serious Health Condition. The certification must be completed and signed by the Health Care Provider for the individual with the Serious Health Condition.
Certification for Leave Taken Because of a Qualifying Exigency: If leave is taken due to a Qualifying Exigency arising out of the Covered Active Duty or call to Covered Active Duty status of a Covered Military Member, the Eligible Employee is required to furnish a completed Certification of Qualifying Exigency for Military Family Leave. The employee will be required to provide written documentation confirming a Covered Military Member’s Covered Active Duty or call to Covered Active Duty status. If the Qualifying Exigency involves meeting with a third party, Human Resources may contact the individual or entity with whom the employee is meeting for the purpose of verifying a meeting or appointment schedule and the nature of the meeting. Human Resources may also contact an appropriate unit of the Department of Defense to request verification that a Covered Military Member is on Covered Active Duty or call to Covered Active duty status.
Military Caregiver Leave Certification: If FMLA leave is taken to care for a Covered Servicemember with a Serious Injury or Illness, the Eligible Employee must furnish a Certification for Serious Injury or Illness of Covered Servicemember, completed by an authorized Health Care Provider of the Covered Servicemember.

The University reserves the right to request recertification. The employee must provide recertification at the employee’s expense within 15 calendar days of the University’s request.

Second and Third Medical Opinions

If Human Resources doubts the validity of a medical certification, it may require, at the University’s expense, that the employee obtain a second opinion from a University-designated Health Care Provider not regularly employed by the University. If the opinions of the employee’s and the University-designated Health Care Providers differ, the University may require, at its expense, a third, final and binding opinion from a Health Care Provider selected jointly by the University and the employee. Human Resources will provide a copy of the second and third medical opinions to the employee within five (5) business days of the employee’s request. The employee will be provisionally entitled to FMLA leave pending receipt of the second and third medical opinions.

The University will reimburse the employee or family member for any reasonable out-of-pocket travel expenses incurred to obtain a second or third opinion.

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 Eligible Employee for the following types of paid leave:

Worker’s Compensation: If an Eligible 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 Eligible Employee's FMLA leave is due to their own Serious Health Condition or a Family Member's Serious Health Condition and the employee has available, unused paid sick leave, the employee must use the paid sick leave during the FMLA leave, unless prohibited by law. The employee’s FMLA leave and the paid sick leave will run concurrently.
Paid Vacation Leave: Upon exhausting all available paid sick leave, an Eligible Employee may choose to use accrued, paid vacation during an FMLA-qualifying leave. The employee's FMLA leave and vacation leave will run concurrently.
Paid Personal Business Leave: Upon exhausting all paid sick leave, an Eligible Employee who is also eligible for paid personal business leave under the Leaves of Absence (VI.E.2) policy may choose to use paid personal business leave during FMLA leave. The employee's FMLA leave and paid personal business leave will run concurrently.
Paid Parental Leave: If an Eligible Employee’s FMLA leave is due to the birth of a Son or Daughter or the placement of an adopted or foster Son or Daughter under the age of 18, paid parental leave must be used within the first 12 months, as defined and interpreted in the Paid Parental Leave Policy (VI.E.3).FMLA leave and paid parental leave may run concurrently or the paid parental leave may be used independently of FMLA, depending on the timing of the individual’s circumstances. The Eligible Employee will work with Human Resources to determine the appropriate use of leave time available.

Coordination of FMLA Leave with Other Laws

Absences from work covered under other federal, state, or local family and medical leave laws will run concurrently with leave under FMLA and will not exceed 12 workweeks of leave unless required by law.

When an Eligible Employee uses paid sick leave, vacation, personal business, or paid parental leave in conjunction with approved FMLA leave and they receive pay through any other paid family and medical leave law, the total of the payments will not exceed 100% of the employee's normal pay from the University.

Extension of Leave

If an Eligible Employee must take more FMLA leave than originally anticipated, they will notify the supervisor as soon as practicable (normally within two business days of learning of the circumstances necessitating the extension). The employee will be asked to provide documentation from their Health Care Provider to support the extension. An employee who exhausts FMLA leave may be entitled to additional leave under the Americans with Disabilities Act. The employee will contact Human Resources to determine their eligibility for an accommodation.

Return-to-Work Statement

If FMLA leave is due to the Eligible Employee's Serious Health Condition, they will present a return-to-work statement to their supervisor or Human Resources upon returning to work. The statement must specify whether the employee is able to work and any 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 Eligible Employee’s return to their regular schedule from Intermittent or Reduced Schedule Leave.

An Eligible Employee who is able to return to work prior to the expiration of FMLA leave will notify their supervisor immediately but in any event within two business days of foreseeable changed circumstances. The employee’s Health Care Provider must complete a return-to-work statement that the employee will provide prior to or upon returning to work.

Reinstatement

Except as provided in the following three paragraphs, an Eligible Employee will be reinstated to the same position they 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.

The University’s obligation to restore the Eligible 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) if the employee informs the University of their intent not to return to work at the expiration of the FMLA leave; 3) if the employee fails to return to work at the expiration of the FMLA leave; or 4) if the employee continues on leave after exhausting FMLA leave entitlement in the 12-month period unless the employee is entitled to other job-protected leave.
An Eligible Employee who exceeds their 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 University may limit the reinstatement of Key Employees. Notice of such limits must be given at the time the leave is requested.

Group Health Insurance

The University will continue to pay its share of the cost of an Eligible Employee's group health insurance during FMLA leave, unless the employee notifies the University in writing to cancel coverage. If an employee gives unequivocal notice of intent not to return to work, the University’s obligations under FMLA to maintain health benefits will cease, subject to applicable restrictions under the law. 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 their share of the premium. If the employee fails to pay their share of the premium, the University reserves the right 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.

History and Updates

January 2, 2024: Operating procedures separated from policy. Clarified how employees request FMLA leave and how FMLA leave coordinates with other university leave. Added section on Coordination of FMLA Leave with Other Laws.