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Family and Medical Leave Act (FMLA)
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What is FMLA?
Family and Medical Leave (FMLA) applies when an eligible faculty
or staff member takes time off from work for his or her own serious
health condition** or for other "types
of leave covered" (below). The employee, supervisor, and University
are required to follow FMLA policy. FMLA is federal legislation
which encompasses USNH policy.
FMLA is an approved absence available to eligible faculty or staff
members for up to twelve weeks per year. A year is defined as a
"rolling" 12-month period measured backward from the date an employee
uses any FMLA leave. All leave under FMLA is counted toward the
12-week maximum allowed.
Please note:
- FMLA begins at the time an employee leaves work for reasons
indicated below.
- FMLA applies whether or not a status employee has sufficient
accrued leave to cover the absence.
- FMLA is paid if the employee has sufficient accrued leave to
cover the absence; otherwise it is unpaid (exception: exempt employees
on interim disability or pregnancy-related disability).
- FMLA requires the use of Sick Leave, Annual Leave, Earned Time/Sick
Pool, and/or Leave without Pay, as appropriate.
- The University may require and pay for a second medical opinion
and/or periodic documentation.
Eligibility
Faculty and staff employed in a status or non-status
capacity for at least twelve months in total; and who worked for
at least 1,250 hours during the preceding twelve months are eligible
for FMLA.
To qualify for a military-related FMLA leave, the faculty staff member must be eligible for FMLA leave (see USY V.A.17.1) and must be the spouse, parent, child, or “next of kin” (nearest blood relative) of a member of the US Armed Forces, including the National Guard and Reserves.
Types of Leave Covered
- Birth and first year care of the employee's child
- Placement of a child with the employee for adoption or foster
care
- Employee is needed to care for a spouse, child, or parent, or
same sex domestic partner with a serious
health condition**
- Employee is unable to perform his or her normal work duties
due to a serious health condition (work or non-work related
- An employee is "needed to care for" a family member if that
person requires physical or psychological care
- Military-Related FMLA Leave FMLA leave approved for a faculty/staff member to (1) care for a member of the US Armed Forces who incurred a serious injury or illness in the line of duty while on active duty in the US Armed Forces; or to (2) deal with a “qualifying exigency” arising out of a family member’s active duty service or call to active duty in the US Armed Forces; or any combination of the two, is considered military-related FMLA leave.
Intermittent Leave (FMLA)
If medically necessary for a serious health condition of the employee,
spouse, child or parent, leave may be taken on an intermittent or
reduced service schedule. For example: (1) an employee takes time
off on a regular basis for his or her own doctor's appointment,
or that of a qualifying family member; (2) an employee reduces his
or her schedule due to his or her own or a family member's "serious
health condition", etc.
Accrued Leave Time/Employee's Leave Record
- In cases of leave for the employee's own illness/injury, the employee will be required to use established/accrued paid leave
policies (includes any leave accrued during an FMLA Leave); however, the employee has the option to retain up to the equivalent of 10 Earned Time/vacation days. For PAID leave, regular compensation and benefits will continue with payroll deductions for those benefits for which the employee is currently enrolled.
- For leaves taken to care for family members, an employee may
use Family Leave for up to 10 days (See USY
V.A.11.5.10 for Earned Time use; see USY
V.A.13.2.2 for vacation/personal leave use). Further usage
will require that the employee use accrued Earned Time/vacation
days; however, the employee has the option to retain up to the
equivalent of 10 Earned Time/vacation days.
- The mandatory use of accrued leave time is not applicable if
the absence is due to a workplace injury/illness and is compensated
under workers' compensation. However, per USY
V.A.16.3.1, an employee may elect to supplement workers' compensation
with accrued leave.
- Leave Without Pay. Under FMLA, leave without pay may apply only upon the exhaustion of appropriate leave options, as stated above. FMLA leave is to be recorded on the employee's time and attendance record as "FM". A reduced schedule leave may result in a partial leave (reduction in percent-time). If all or a portion of your leave is unpaid, the following information applies. For unpaid leave of up to 120 days, benefits continue (with the exception of tuition waiver for the employee and accrual Earned Time/annual leave) as long as the employee pays the normal benefits premiums. The USNH Benefits Office will bill the employee for such payment. If the leave extends beyond 120 days, billing includes both the employee and USNH portion of the employee’s benefits premiums. The coverage would lapse if non-payment occurs.
Employee's Responsibility
Faculty and staff must provide advance notification and certification.
When possible, the employee is required to notify his or her supervisor
at least thirty (30) days in advance when the leave is foreseeable.
When unforeseen events require FMLA leave, employees must give notice
as soon as practicable, ordinarily within one or two working days.
A faculty/staff member is responsible for the following:
- Provide a 30-day notice to your supervisor of the need to take
FMLA leave, when it is foreseeable, i.e., planned medical treatment.
- Provide notice as soon as practicable, ordinarily within 1-2
working days, when unforeseen events require a leave request.
- Consult with supervisor and making reasonable efforts to schedule
time away so as not to unduly disrupt the department's operation,
if the request is for intermittent leave.
- Complete Request
for Leave of Absence form and giving it to your supervisor
for approval.
- Have the University's Certification
of Health Care Provider form completed.
- For employee's own illness: Take a Certification
of Health Care Provider form to your health care provider,
have it completed and submitted directly to Human Resources
for final approval of the leave. The form is kept in a separate,
confidential medical file in Human Resources.
- For time off to care for an eligible family member:
Have the family member's health care provider complete the
form indicating an estimated amount of time off needed to
provide care (e.g., dates of leave, intermittent leave for
doctor's appointments).
- Update supervisor while on leave of any changes in the leave
dates and/or expected return to work date. Another Certification of Health Care Provider form would be required if the leave
were to extend beyond the health care provider's original anticipated
return-to-work date.
- Return to Work - Provide the supervisor with written medical
authorization to return to work. This medical release is required,
and the employee is not to return to work without it. The medical
statement is to provide the date the employee may return to work
along with any work restrictions (e.g., part time work, physical
restrictions, etc.).
- Designate "FM" on Time & Attendance Record for time away for
FMLA.
- File a claim for short-term disability, if appropriate. This
would be your own personal insurance policy for which you pay
premiums (such as ISI New England, a plan offered through USNH
payroll deductions).
- Apply for the USNH long term disability benefit if applicable.
This is normally done when the employee has been on medical leave
for three months and will continue on medical leave.
- Communicate with the person who oversees your leave record.
Supervisor's Responsibility
The supervisor, in conjunction with Human Resources, is responsible
for communicating and monitoring policy and procedures regarding
leave requests under the Family and Medical Leave Act. Be sure the employee carries out "Employee's Responsibilities".
- Require the employee complete a Request
for Leave of Absence form, supervisor signs, and forwards
to Human Resources.
- Require that the employee have a Certification
of Health Care Provider form completed and submitted directly
to HR.
- Determine work distribution; hire temporary staff if appropriate.
- Monitor employee's leave record and communicate time off to person coordinating leave records for your department. See "Accrued Leave Time/Employee's Leave Record".
- Communicate with your Business Service Center (BSC): regarding:
- Regarding leave and return to work dates.
- Notify the BSC immediately when leave without pay will apply, so that may be processed in a timely manner.
- Stay in contact with the employee and keep current about the status of his/her leave and to confirm return to work date.
For Employee's Return to Work
- Obtain from the employee written medical authorization to return to work. This medical release is required, and the employee is not to return to work without it. The medical statement is to provide the date the employee may return to work along with any work restrictions (e.g., part time work, physical restrictions, etc.).
- Submit the return-to-work authorization to HR by the day the employee returns to work.
- Notify the Business Service Center (BSC) of the employee's return to work, and that the medical return-to-work authorization has been submitted to Human Resources.
- Assist the employee with his/her transition back to work.
Recertification may be requested if:
- Employee requests an extension of leave (from date on original Certification form).
- Circumstances change during illness/injury of the employee or immediate family member.
- 30 days have elapsed since most recent certification.
Certification
of Health Care Provider forms are available from HR and are
to be submitted prior to the start of the leave (medical certification
must be provided no later than 15 days after the leave begins. The
University may require recertification of the serious health condition
of the employee or the employee's family member.
Human
Resources' Responsibilities
- Reviews Request for Leave form, and Certification of Health Care Provider form; determines employee eligibility for FMLA; sends a letter to the employee to confirm the leave; and provides a copy to the supervisor and the Business Service Center (BSC). The BSC then initiates documentation placing the person on FMLA, and returning him/her from leave when HR receives written medical authorization with return-to-work date.
- Retains medical file, separate from employee's personnel file.
Business
Service Center's (BSC) Responsibilities
- Once the BSC receives a copy of HR's letter to the employee confirming FMLA, the BSC initiates a document placing the employee on FMLA. [(There is currently no mechanism for generating an EPAF for partial leave (e.g., intermittent leave).]
- For unpaid leave. When the department notifies the BSC that the employee is to be placed on unpaid leave (or pay deducts), generate appropriate payroll document.
- Return to work. Once the BSC is informed by HR or the supervisor that the employee has submitted written authorization to return to work, the BSC initiates a return-to-work EPAF. If the BSC is informed by the supervisor (rather than HR), they should remind the supervisor to submit the medical authorization to HR for the employee's medical file.
** What
is a Serious Health Condition?
A Serious Health Condition is an illness, injury, impairment, or
physical or mental condition where:
- In-patient care is required (i.e., overnight).
- An individual is incapacitated from daily activities for more than three calendar days and is continually treated by a health care provider. This absence may be less than three days in certain cases (e.g., an employee with asthma may be unable to work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level, or a pregnant employee is temporarily unable to work due to severe morning sickness).
- The continued treatment by a health care professional for a
chronic or long-term health condition or prenatal care is necessary.
Examples of situations which do NOT meet the definition
of "serious medical condition" include:
- routine eye exams
- cosmetic surgery (unless complications develop)
- the common cold
- the flu
- earaches
- upset stomach
- minor ulcers
- minor headaches
- routine dental or orthodontia problems
- periodontal diseases
- An employee's absence due to substance abuse does not qualify unless the employee is receiving treatment for substance abuse by a health care provider.
Please contact UNH Human Resources: 862-0501 (voice), 862-3227
(TTY) for more information.
The above FMLA information is intended to provide a summary
only. Refer to USNH policy on Family
and Medical Leave (FMLA) for complete information.
Other information on FMLA procedures is on HR web site:
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