Family Medical Leave Act (FMLA) Policy

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Policy Code: 
3205
Approval Authority: 
Chancellor
Policy Type: 
University Policy
Policy Owner: 
Administration and Finance
Responsible Office: 
Human Resources - 828.251.6605

I.  Purpose

The Family and Medical Leave Act (FMLA) of 1993 was passed by Congress to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity; to minimize the potential for employment discrimination on the basis of sex by ensuring generally that leave is available for eligible medical reasons (including maternity-related disability) and for compelling family reasons; and to promote the goal of equal employment opportunity for women and men.

This Act provides reasonable unpaid family and medical leave for the birth of a child and to care for the newborn child; for the placement of a child with the employee for adoption or foster care; and for the care of a child, spouse or parent who has a serious health condition or for the employee’s own serious health condition.  The FMLA provisions for Military Caregiver Leave and Qualifying Exigency Leave for families of covered members is addressed in UNC Asheville’s FMLA Military Caregiver/Qualifying Exigency Leave Policy.

II.  Scope

Eligibility for FMLA leave is extended to EHRA Non-Faculty employees and SHRA employees who are in permanent, probationary, trainee or time limited status, either full-time or part-time (20 hours or more) who:

Have 12 months cumulative service with State government, including temporary [see (1) and (2) Advisory Notes below] and:

  • Have been in pay status at least 1,040 hours during the previous 12 months.

Eligibility for FMLA leave is also extended to temporary, intermittent or part-time (less than 20 hours per week) employees* who:

  • Have 12 months cumulative service with State government, including temporary [see (1) and (2) Advisory Notes below], and;
  • Have been in pay status at least 1,250 hours during the previous 12 months.

* Note: Persons qualifying for Family/Medical leave in this manner will only be entitled to leave without pay.

Advisory Notes: (1) Employment periods prior to a break in service of seven years or more are not counted in determining whether the employee has been employed by the agency for at least 12 months. (2) Time spent in the National Guard or reserves count as time worked to determine eligibility for family medical leave.

III. Definitions

A. Parent - a biological or adoptive parent or an individual who stood in loco parentis (a person who is in the position or place of a parent) to an employee when the employee was a child.

B. Child - a son or daughter who is:

  • under 18 years of age;
  • or, 18 years of age or older and incapable of self-care because of a mental or physical disability

and who is:

  • a biological child,
  • an adopted child,
  • a foster child (a child for whom the employee performs the duties of a parent as if it       
  • were the employee’s child),
  • a step-child (a child of the employee’s spouse from a former marriage),
  • a legal ward (a minor child placed by the court under the care of a guardian), or
  • a child for whom the employee has parental rights, duties and obligations for the child without the legal status of adoption. (i.e. standing in loco parentis).

C. Spouse – A husband or wife recognized by the State of North Carolina. However, for the purpose of this policy, UNC Asheville recognizes domestic partners.  If someone should request FMLA leave for a domestic partner, the individual must present a legal document or written documentation covering residence, and /or facts or circumstances verifying the relationship. Because FMLA leave is not recognized for domestic partners by federal guidelines, denial of leave for domestic partners cannot be grieved.

D. Serious Health Condition – an illness, injury, impairment, or physical or mental condition that involves inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical facility, including any period of incapacity (defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from), or any subsequent treatment in connection with such impairment; or continuing treatment by a health care provider involving one or more of the following:

a period of incapacity as defined above of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also involves:

any period of incapacity due to pregnancy or for prenatal care, even when the employee or family member does not receive treatment from a health care provider during the absence and even if the absence does not last more than three days (prenatal examinations, severe morning sickness)

any period of incapacity or treatment due to a “chronic serious health condition,” even when the employee or family member does not receive treatment from a health care provider during the absence and even if the absence does not last more than three days, which is defined as one of the following:
 
  • treatment two or more times (within 30 days of the beginning of the period of incapacity and the first visit must take place within seven days of the first day of incapacity) by a health care provider, by a nurse or physician’s assistant under the direct supervision of a health care provider, or a provider of health care services (e.g., physical therapist) under orders of, or on referral by a health care provider, or;
  • treatment on a least one occasion resulting in a regime of continuing treatment (the first visit must take place within seven days of the first day of incapacity) under the supervision of the health care provider (course of prescription medication, i.e., antibiotic, or therapy requiring special equipment to alleviate the health condition, i.e., oxygen);
  • requiring periodic visits (at least two visits per year) for treatment by a health care provider, or by a nurse or physician’s assistant under the direct supervision of a health care provider, continuing over an extended period of time (including recurring episodes of a single underlying condition), and  which may cause episodic rather than continuing period(s) of incapacity (e.g., asthma, diabetes, epilepsy, etc.);
  • incapacity for a permanent or long-term condition for which treatment may not be effective (Alzheimer’s, a severe stroke or terminal stages of a disease) multiple treatments for restorative surgery or incapacity for serious conditions that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment (chemotherapy, radiation, dialysis, etc.);
  • in case of a member of the Uniformed Services, “serious injury or illness” means an injury or illness incurred by the member in line of duty on active duty in the Uniformed Services that may render the member medically unfit to perform the duties of the member’s office, grade, rank or rating.
  • in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or reserves) at any time during a period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation or therapy, “serious injury or illness” means a qualifying (to be defined by the Secretary of Labor) injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.

Advisory Note: Treatment includes, but is not limited to, examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations. Ordinarily, unless complications arise, the following are examples of conditions that do not meet the definition:  common cold, flu, ear aches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, cosmetic treatments, etc. The following may meet the definition if all other conditions of this section are met:  restorative dental or plastic surgery after an injury or removal of cancerous growths, mental illness, or treatment from substance abuse.

E. Health Care Provider - a Doctor of medicine or osteopathy who is authorized to practice medicine or surgery in the State of North Carolina, or any other person determined by statute, credential or licensure to be capable of providing health care services which include:

  • Physician assistants, Podiatrists, Dentists, Clinical psychologists, Clinical social workers, Optometrists, Nurse practitioners, Nurse midwives, and Chiropractors
  • Health care providers from whom state approved group and HMO health plans will accept certification of a serious health condition to substantiate a claim for benefits
  • Foreign health care providers in the above stated areas who are authorized to practice in that country and who are performing within the scope of the laws of that country
  • Christian Science practitioners listed with First Church of Christian Scientists in Boston, MA. (Note: In this situation, the employee cannot object to an agency requirement to obtain a second or third certification other than a Christian Science practitioner.)

F. Workweek - the number of hours an employee is regularly scheduled to work each week, including holidays.

G. Reduced Work Schedule - a work schedule involving less hours than an employee is regularly scheduled to work.

H. Intermittent Work Schedule - a work schedule in which an employee works on an irregular basis and is taking leave in separate blocks of time, rather than for one continuous period of time, usually to accommodate some form of regularly scheduled medical treatment.

I. 12-Month Period - the 12-month period measured forward from the date any employee’s family and medical leave begins.

J.  Leave Coordinator – a Human Resources Representative assigned to coordinate the university’s leave program.

IV. Policy

Under this policy, employees may use paid leave, leave without pay, or donated voluntary shared leave (for approved recipients only) for absences from work due to childbirth, adoption or foster care placement, or a serious health condition of an employee or an employee's spouse, child or parent. An employee shall, if at all possible, give his/her supervisor at least 30 days advance notice of the need for leave, subject to the actual date of birth. If 30 days notice is not possible, an employee should give written notice of the need for leave as soon as possible.

An employee's job and benefits are protected while an employee takes leave under this policy, whether taken as vacation leave, sick leave, voluntary shared leave, leave without pay or any combination.

It is the responsibility of the University to designate leave (either paid or unpaid) as FMLA leave based on information provided by the employee. The University will also initiate FMLA leave if an employee has been absent due to an eligible FMLA qualifying reason for a period of 10 or more workdays.

Employees should refer also to the Family Illness Leave, Voluntary Shared Leave, and Leave without Pay policies.

A. Eligible Qualifying Conditions

When an employee is out of work due to illness or other apparent qualifying condition (on paid or unpaid leave) but has not given notice of the need for FMLA leave, the supervisor shall, after a period of 10 workdays, request that the employee provide sufficient information to the Leave Coordinator in Human Resources so the coordinator can establish whether the leave is for an FMLA-qualifying reason. This requirement does not preclude the department from requesting the information sooner, or at any time an extension is requested (e.g. such as when the employee requests an extended leave.)

An eligible employee may use FMLA leave for any of the following reasons:

  • The birth of a child and to care for the child following birth, so long as the leave is taken within 12 months of the birth of the child.
  • To care for a child placed with an employee for adoption or foster care, so long as the leave is taken within 12 months of the placement.
  • To care for an employee's child, spouse or parent, where that child, spouse or parent has a serious health condition.
  • Because an employee has a serious health condition that makes the employee unable to perform the essential functions of his/her position.

B. Benefits Provided

The University will maintain its contribution to an employee's health insurance coverage under the State Health Plan for the duration of the employee’s FMLA leave at the level and under the conditions that coverage would have been provided had an employee not taken leave. Coverage is maintained even if the employee uses leave without pay for some or all of the leave period. However, the employee continues to be responsible for providing all employee contributions for employee and/or dependent coverage under the State Health Plan and for any other benefits that are continued during FMLA Leave.

An employee will be reinstated to the same position he/she held when the leave began, or one of similar classification, pay, benefits and other conditions of employment. All benefits (e.g., leave earnings, retirement service credit) will continue to accrue during any period of paid leave. However, no benefits will accrue during any period of leave without pay.

C. Length of Leave

An eligible employee may apply for up to 12 work weeks of FMLA leave under this policy in any 12-month period.  The 12 months are measured backward from the last date the employee uses any FMLA leave.  The amount of time left to the employee is the balance of the 12 weeks that was not used in the past 12-month period. 

On each day of the year, the amount of FMLA leave for an eligible employee is calculated by how much of the 12-week entitlement was consumed during the 12 months before that day.  12 work weeks of leave do not need to be consecutive. A work week consists of the number of hours an employee is regularly scheduled to work each week. A reduced or intermittent work schedule during the period of FMLA leave may result in an employee receiving FMLA for more than 12 calendar weeks but for the equivalent time. However, it is important to note that an hour of absence that qualifies for coverage under FMLA reduces the employee’s available FMLA time by one hour.

After a request for FMLA leave is approved, periods covered by paid leave, leave without pay (including leave without pay while drawing short-term disability benefits), and voluntary shared leave will be counted toward the 12 work weeks of leave to which an employee is entitled under this policy.

Advisory Note: FMLA leave due to birth, adoption, or foster care placement qualifies for the full 12 work weeks of FMLA coverage, regardless of any period of physical disability. FMLA leave due to a serious health condition is limited to the timeframe indicated by the health care provider on the Medical Certification Form. Therefore, some serious health conditions may not require or be eligible for an FMLA leave of 12 weeks.  Voluntary shared leave may be an option during the period of documented disability; see the Voluntary Shared Leave policy for additional information.

An employee who needs to be absent from work beyond the 12 work week period covered by the FMLA (or for an employee who is not covered by this policy), and does not have paid leave available, may request leave without pay. Leave without pay is administered under the university’s Leave Without Pay Policy. An employee on a leave without pay not administered under the FMLA Leave policy who participates in the State Health Plan is required to pay the full premium (including the University's contribution) in order to continue health insurance coverage during the period of leave without pay.

D. Leave options

An employee has several options for taking leave under this policy, including vacation leave, sick leave, bonus leave, other accumulated time off, approved donations of voluntary shared leave, and leave without pay. In some cases, the specific situation will limit the options available. Please note the following two stipulations when planning for paid and unpaid leave:

Compensatory Time Off - If an employee is scheduled for a period of FMLA leave, all accrued compensatory time off  must be taken prior to using other paid leave for the absence.

Advisory Note:  “Compensatory time off” includes compensatory leave for overtime and straight time, gap hours, on-call compensatory time, holiday compensatory time and travel compensatory time.

Voluntary Shared Leave - If approved, shared leave is available only for serious health conditions lasting 20 consecutive work days or more. Shared leave may be used by both parents and applied to the period of physical disability of the mother for a birth; however, shared leave cannot be used for the "bonding" period associated with the birth, nor can it be used for leave associated with adoption or foster care placement.

Birth of a Child - For the birth of a child, an employee may choose to exhaust all or portions of available compensatory time, vacation leave, bonus leave, voluntary shared leave and/or sick leave or go on leave without pay. These options are available to both parents. However, sick leave and/or donated voluntary shared leave may be used by the parent(s) only during the period of the mother's physical disability prior to and following the birth of a child.

An employee shall, if at all possible, give his/her supervisor at least 30 days advance notice of the need for leave, subject to the actual date of birth. If 30 days notice is not possible, an employee should give written notice of the need for leave as soon as possible.

Adoption - For the adoption of a child, an employee may choose to exhaust all or a portion of available compensatory time, vacation leave, bonus leave, and/or may choose to exhaust up to 30 days of sick leave, or go on leave without pay. Voluntary shared leave donations are not allowed for adoptions.

An employee shall, if at all possible, give the supervisor at least 30 days advance notice of the need for leave, subject to the actual date of adoption. If 30 days notice is not possible, an employee should give written notice of the need for leave as soon as possible.

Foster Care of a Child -  For the foster care of a child, an employee may choose to exhaust all or a portion of available compensatory time, vacation leave, bonus leave or go on leave without pay. Use of sick leave and/or shared leave donations are not allowed for foster care placements.

An employee shall, if at all possible, give his/her supervisor at least 30 days advance notice of the need for leave, subject to the actual date of placement. If 30 days notice is not possible, an employee should give written notice of the need for leave as soon as possible.

Serious Health Condition of an Employee’s Child, Spouse or Parent (Other Than Birth) -

For the serious health condition of an eligible employee's child, spouse or parent, an employee may choose to exhaust all or a portion of accrued compensatory time, sick leave, vacation leave, and/or bonus leave, or go on leave without pay.  Note:  compensatory time must be exhausted before using other types of leave.

For planned medical treatment necessitated by the child’s, spouse’s or parent’s serious health condition, the employee should make a reasonable effort to schedule treatment to minimize the disruption to the department’s operational needs. If practicable, an employee should give at least 30 days advance notice of the need for leave.

Serious Health Condition of an Employee - For the serious health condition of an eligible employee, the employee must exhaust all accrued compensatory time and/or sick leave before he/she uses other types of paid leave, or goes on leave without pay; however, the employee may choose to use vacation/bonus leave in lieu of sick leave. 

If an employee's absence due to his/her serious health condition extends beyond the required 60-day waiting period for short-term disability, the employee may choose to exhaust the balance of his/her available leave or to begin drawing short-term disability benefits, if the employee is eligible and has been approved for the Disability Income Plan.  It is highly recommended that the employee review disability leave options with the Leave Coordinator before making a decision to exhaust leave.

For planned medical treatment necessitated by the employee’s serious health condition, the employee should make a reasonable effort to schedule treatment to minimize the disruption to the department’s operational needs. If practicable, an employee should give at least 30 days advance notice of the need for leave.

E.  Reduced or Intermittent Work Schedule

The employee’s supervisor must approve an employee’s medically certified request for a reduced or intermittent work schedule if the serious health condition for which the request is made is a serious health condition as defined in the FMLA Policy.

If a reduced or intermittent work schedule is foreseeable based on planned medical treatment, the supervisor may temporarily reassign an employee to a vacant position with the same pay and benefits which better accommodates the reduced or intermittent work schedule. The employee is entitled to be reinstated to his/her former position, or equivalent, once the reduced or intermittent work schedule and/or temporary reassignment has ended.

If an employee works a temporarily reduced or intermittent schedule and does not use paid leave to bring the number of paid hours up to the normal schedule, the department must inform the employee that the schedule reduction will result in the employee earning leave at a reduced rate.

Reduced Work Schedule - A work schedule of fewer hours than an employee is regularly scheduled to work. For example: A full-time employee requests a schedule of 30 hours a week, rather than 40 hours a week, for a certain period of time.

Intermittent Work Schedule - A work schedule in which an employee is not at work every scheduled work day, but works on an irregular basis, usually to accommodate some form of regularly scheduled medical treatment or for a chronic serious health condition. Note:  Employee benefits may be affected if compensated hours are reduced below 30 hours per week, or less than half of the monthly work schedule. The employee should consult with the Leave Coordinator for more details.

F. Notice of Eligibility for FMLA Leave

When an employee requests FMLA leave, or when the University knows that an employee's leave may be for an FMLA-qualifying reason, the employee must be notified of the employee's eligibility to take FMLA leave within five business days of receipt by the Leave Coordinator, absent extenuating circumstances. Employee eligibility is determined (and notice must be provided) at the commencement of the first instance of leave for each FMLA-qualifying reason in the applicable 12-month period. All FMLA absences for the same qualifying reason are considered a single leave and employee eligibility as to that reason for leave does not change during the applicable 12-month period.

If the employee is not eligible for FMLA leave, the notice must state at least one reason why the employee is not eligible. Notification of eligibility may be oral or in writing.

(Notifications referred to in this section are generated by the Leave Coordinator in the Human Resources Department.)

If, at the time an employee provides notice of a subsequent need for FMLA leave during the applicable 12-month period due to a different FMLA-qualifying reason, and the employee's eligibility status has not changed, no additional eligibility notice is required. If, however, the employee's eligibility status has changed, the Leave Coordinator must notify the employee of the change in eligibility status within five business days, absent extenuating circumstances.

The Leave Coordinator shall provide written notice detailing the specific expectations and obligations of the employee and explain any consequences of a failure to meet these obligations. This notice shall be provided to the employee each time the eligibility notice is provided. If leave has already begun, the notice should be mailed to the employee's address of record. Such specific notice must include, as appropriate:

That the leave may be designated and counted against the employee's annual FMLA leave entitlement;

Requirements for the employee to furnish certifications;

The employee's right to substitute paid leave;

Requirement for the employee to make any premium payments to maintain health benefits and the arrangements for making such payments.

The employee's rights to maintain benefits during the FMLA leave and to be restored to the same or an equivalent job upon return from FMLA leave. 

Advisory Note:  An equivalent job is a job that has like status and pay as the job the employee held when they began FMLA leave. It is not required to be in the same work unit or department as long as the seniority, status and pay are the same.

The employee's potential liability for payment of health insurance premiums paid by the university during the employee's unpaid FMLA leave if the employee fails to return to work after taking FMLA leave.

G. Designation of FMLA Leave

It is the responsibility of the Leave Coordinator in Human Resources to:

Determine whether the employee is eligible for FMLA leave;

Determine that leave requested is for a FMLA qualifying reason, and

Designate leave, whether paid or unpaid, as FMLA leave even when an employee would rather not use any of the FMLA entitlement.

Note:  Notifications referred to in this section are generated by the Leave Coordinator.

The Leave Coordinator must give notice of the designation to the employee within five business days, absent extenuating circumstances. The notice may be oral or in writing, but must be confirmed in writing no later than the following payday.

If the Leave Coordinator determines that the leave will not be designated as FMLA-qualifying (e.g. the employee is not eligible, the leave is not for a reason covered by FMLA or the FMLA leave entitlement has been exhausted), the Leave Coordinator must notify the employee of that determination.

Designating FMLA leave is based on the certified reason(s) for the leave, not the employee’s election or reluctance to use FMLA leave or to use all, some, or none of his/her accrued leave. The University’s designation must be based on information obtained from the employee or an employee’s representative (e.g., spouse, parent, physician, etc.).

If the University requires the employee to present a fitness-for-duty certification to be restored to employment, the Leave Coordinator must provide notice of such requirement with the designation notice.

The Leave Coordinator must notify the employee of the amount of leave counted against the employee's FMLA leave entitlement.

The University may retroactively designate leave as FMLA leave with appropriate notice to the employee provided that the University's failure to timely designate leave does not cause harm or injury to the employee. In all cases where past leave would qualify for FMLA protections, the University and employee can mutually agree that leave be retroactively designated as FMLA leave.

If an eligible employee’s absence that begins as other than FMLA leave and later develops into an FMLA qualifying absence, the entire portion of the leave period that qualifies under FMLA will be counted as FMLA leave.

H.  Secondary Employment

If FMLA leave is being taken because of an employee’s serious health condition, the employee may engage in secondary employment if, and only if:

  • the employment has been approved in accordance with Secondary Employment Policy, and;
  • The employment does not involve performing duties that violate the restrictions issued by the physician during periods of FMLA leave. 

Violation of this policy will result in the revocation of FMLA leave and may lead to disciplinary action, up to and including dismissal.

V. Procedure

An eligible employee and his/her supervisor should review the Family & Medical Leave, Family Illness Leave, Voluntary Shared Leave, and Leave without Pay policies to understand the applicability of these programs to the employee's specific situation. Please note that military caregiver leave and qualifying exigency leave for families of covered members are addressed in the FMLA Military Caregiver/Qualifying Exigency Leave Policy

A. How to Apply for FMLA Leave

FMLA leave for adoption or foster care placement requested under this policy must be supported by reasonable proof (e.g., documentation from the licensed adoption agency or relevant court documents).

FMLA leave for medical reasons:

The employee completes a "Medical & Parental Leave Request Form."  This form is available from the Leave Coordinator who will assist in filling out the form.  This form must be reviewed and signed by the supervisor and second level supervisor (as appropriate), then forwarded to the Leave Coordinator in the Human Resources Office (Phillips Hall, Room 116).

The Leave Coordinator will give the employee a “Medical Certification Form” that must be completed, including certification by the Healthcare Provider.  The “Medical Certification Form” does not require supervisor review or signature and should come directly to the Leave Coordinator once completed.  The Leave Coordinator will review any work restrictions with the supervisor and/or the department head.

When a reduced or intermittent work schedule is requested due to planned medical treatment or due to a chronic serious health condition, the tentative date(s) on which treatment is to be given and the approximate duration of treatment and its possible effects on the employee or the circumstances under which the chronic condition will necessitate leave must be included in the physician's certification.

B. Changes or Additions

To make changes or additions to an already submitted medical leave request, complete a new Medical Leave Request Form and check the box marked "Supplement to Previous Request."

C. Additional Medical Certification

In the event department management and/or the Leave Coordinator thinks additional information is needed or has reason to doubt the validity of the employee's first medical certification, the university may require an employee to submit to a second medical examination. The second physician shall be designated by the Leave Coordinator and costs will be paid by the department.

If the second opinion is different from the first certification, the University shall require an employee to be available for a third medical examination. The third physician shall be designated by both the employee and the department, and will be at the department's expense. The third physician's opinion is final and binding on the University and the employee.

The University may require, on a reasonable basis, subsequent re-certifications, of a continuing condition.  The re-certification(s) will be the employee’s expense.

The employee’s failure to provide certification or recertification reasonably required by the University may result in denial of the employee’s request for FMLA leave and/or the employee’s dismissal for unacceptable personal conduct or separation due to continued unavailability for work. Prior to implementation of any of these actions, the Director of Employee Relations will be consulted.

D. Return to Work

During the period of FMLA leave, the University may require reports from the employee at reasonable intervals (generally 30 calendar days or more) on his/her status and intention to return to work. An employee should notify his/her supervisor in writing if he/she will not be returning from leave as planned. Failure to return to work at the end of the scheduled leave may be considered a voluntary resignation.

Written medical certification must be provided  by the medical provider before the employee is permitted to return to work, or when it is determined that the employee will not return to work. 

The Leave Coordinator will require a review of essential job functions by a medical professional to certify that the employee is able to return to work and to perform the essential functions of the position.

If a permanent employee's position has been abolished during the period of Family & Medical Leave due to a Reduction In Force, the employee is not entitled to reinstatement. However, a permanent employee may be eligible for severance pay and layoff priority as provided in the Reduction In Force Guidelines. The University must contact the affected employee as soon as it is known that an employee's position is being eliminated.

If an employee has more than 240 hours of vacation leave (pro-rated for part-time employees) when beginning FMLA leave and returns to work in a new calendar year with a vacation leave balance in excess of 240 hours (pro-rated for part-time employees), the excess will be converted to sick leave upon the employee's return to work.

If an employee returns to work and remains at work for at least 30 calendar days following the end of his/her FMLA leave, the employee will not be required to repay the health insurance premiums provided by the University during the leave. If an employee fails to return at the end of the period of leave or does not remain at work for at least 30 calendar days, the University may recover its portion of the health insurance premiums paid on the employee's behalf unless the failure to return is due to the continuation, recurrence or onset of a serious health condition, or other circumstances beyond the employee's control.

E. Other

If the physician does not release an employee to return to work at the end of FMLA leave or if the employee chooses not to return to work, the employee should contact the Leave Coordinator to review the options that may be available to the employee.

VI. Record Keeping

FMLA leave shall be accounted for separate from Family Illness Leave or any other type of leave or leave without pay. The employee’s supervisor is responsible for communicating with the Leave Coordinator to monitor the length, use, and continuing eligibility of FMLA leave for the employee.

When an employee transfers to another State agency or to another University department, the Leave Coordinator will forward the dates and amount of FMLA leave taken to the hiring agency or department.

All medical documentation, along with a copy of the employee's application for FMLA leave under this policy, will be kept in the Office of Human Resources. Medical documentation under this policy is kept separate from employee personnel files and is confidential. The employee's department may not retain FMLA forms in departmental files – all forms must be filed in the personnel files located in Human Resources.

Associated Forms: