14.0 FAMILY AND MEDICAL LEAVE ACT - PERSONAL/FAMILY
14.1 Purpose
14.2 Guidelines14.2.1 Eligibility14.3 Resources
14.2.2 Paid Leave
14.2.3 Intermittent Leave or Reduced Work Schedule
14.2.4 Certifying the Need for Leave
14.2.5 Returning From FMLA
14.0 FAMILY AND MEDICAL LEAVE ACT (FMLA) - PERSONAL/FAMILY
14.1 Purpose
To provide eligible (through FMLA) employees up to 12 weeks per year of unpaid family or medical leave for the birth of a child or the placement of a child with the employee for adoption or foster care, because the employee is needed to care for a family member (child, spouse, or parent) with a serious health condition, or because the employee's own serious health condition makes them unable to do their job. Staff employees FMLA is based on calendar year (Jan-Dec). Faculty FMLA is based on a "rolling" year - measured forward from the date the employee is approved for FMLA.
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14.2 Guidelines
These guidelines apply to full-time and part-time faculty and staff as well as wage employees as eligible.
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14.2.1 Eligibility
Employees who have been employed by the State for at least 12 months and have worked at least 1,250 hours during the 12 months immediately preceding the start of the leave (applications are required and are available on the Human Resources web page).
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14.2.2 Paid Leave
Employees have the option of using applicable accrued leave while on FMLA.
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14.2.3 Intermittent Leave or Reduced Work Schedule
- When medically necessary because of an eligible employee's own serious health condition or the serious health condition of a child, spouse, or parent, employees may take intermittent leave or work a reduced schedule, not to exceed 480 hours for full-time employees.
- Intermittent leave permits the employee to take leave periodically for a few hours a day, or for a few days at a time, on an as-needed basis.
- Reduced schedule permits the employee to reduce the number of hours worked per workweek or per workday.
- The agency can temporarily transfer an employee to another position that better accommodates the intermittent leave or reduced schedule as long as the new position carries equivalent pay and benefits.
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14.2.4 Certifying the Need for Leave
A health care provider's certification of the medical condition of the person affected is required. This must include the date when the serious condition began, the probable duration of the condition, and the following as applicable:The employee should provide certification in advance of the requested leave with as much notice as possible. When that is not possible, certification must be provided reasonably soon after the leave begins.
- A family illness request requires a statement that the employee is needed to care for a child, spouse or parent, and must include the estimated time needed.
- A personal illness request requires a statement that the employee is unable to perform the essential functions of the job as defined by the Americans with Disabilities Act.
- An intermittent leave or reduced schedule request necessitated by an employee's own health condition must include a statement of the medical necessity for the leave and the expected duration.
- An intermittent leave or reduced schedule requested for the care of an employee's family member requires a statement that the employee's leave is "needed to care for" the family member, the expected duration, the expected treatment dates and the schedule of intermittent leave or reduced leave. The term "needed to care for" includes:
- medical certification provisions for physical and/or psychological care. This could include providing transportation to the doctor. It could also include providing comfort and reassurance to someone receiving inpatient care.
- Employee may be needed to fill in for others who are caring for the family member, or make arrangements for changes in care, such as transfer to a nursing home.
- An intermittent or reduced schedule of leave for birth, adoption or foster care of a child is subject to approval by the department head. If requested, the employee's work schedule must be discussed and developed by the employee and the department, maintaining the plan at the department.
- When an employee is on intermittent leave for an indefinite time, re-certification of medical condition is required every six months.
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14.2.5 Returning From FMLA
Employees are normally reinstated to the position held when the leave began. If the previous position has been filled, employees are entitled to an equivalent position that requires comparability and corresponding duties, terms, conditions, and privileges of the employee's previous position. Employees may be required to report periodically on their status and intent to return to work. They may also be required to provide health care certification that they are able to return to work.
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14.3 Resources