Introduction

Employee Eligibility

You are eligible to take FMLA leave if you have worked for UNI for at least 12 months and have at least 1,250 hours of service during the 12 months before your leave begins.

• The 12 months of employment at UNI doesn't need to be consecutive but must have occurred within the prior seven years.
• Paid and unpaid time off is not included in the calculation of the 1,250 hours.

HRS will notify you of your eligibility for FMLA job-protection once we become aware of your leave situation.

Qualifying Reasons

Eligible employees may take up to 12 weeks of FMLA job-protected leave for any one, or more, of the following reasons:

• Your own serious health condition (e.g. illness, injury, impairment, or physical/psychiatric condition) that makes you unable to perform the essential functions of your job. Mental health conditions may also qualify as serious health conditions under the FMLA.
• The birth of a child and/or to bond with your healthy newborn child.
• The placement of a child in your home for adoption and/or foster care and to bond with the newly placed child.
• To care for a child, spouse, or parent with a serious health condition.
• Qualifying exigency leave if your spouse, son, daughter, or parent is a military member on covered active duty or has been notified of an impending call/order to covered active duty.
• Military caregiver leave allows up to a total of 26 weeks in a single 12 month period to care for a covered service member with a serious injury or illness if you are the service member’s spouse, son, daughter, parent, or next of kin.

FMLA Forms

Communication & Notice

Ongoing communication between you, your supervisor, and HRS ensures that the FMLA leave process runs smoothly whether the leave is continuous, intermittent, or on a reduced schedule basis. Notification guidance is noted below.

• Follow your department's normal procedures for requesting leave and provide enough information so HRS may reasonably determine whether your leave qualifies for FMLA protection.
• Give at least 30 days notice before your need for FMLA leave so your supervisor may plan for coverage of your responsibilities in your absence.
• If advance notice of your leave is not foreseeable, inform your supervisor and/or HRS as soon as possible.
• When unexpected leave occurs (e.g. emergency situations), you must inform your supervisor as soon as you can, following your department’s usual call-in procedures.
• Submit an absence request in UNI Works and select the type of leave needed based on your situation so HRS may follow up with you. Refer to the Absence Request Job Aid for additional details on this process.

FMLA Leave Process

Step 1: Notify your supervisor and/or HRS as soon as you know you will need leave. Notice may be given verbally, via email, or through an absence request in UNI Works.

• You do not have to disclose the medical condition but you do need to provide the general reason for your leave and estimated duration of your absence.

Step 2: HRS will send you notification of your eligibility for FMLA leave entitlement within five business days after learning of your leave situation.

• When submitting a request for continuous FMLA leave in UNI Works, you will receive a task in your inbox to complete.
• After submitting the task, HRS will upload the necessary FMLA paperwork and information to your UNI Works profile.
• Alternatively, the FMLA paperwork will be sent to you either via email or through the postal mail.
• If you are not eligible for FMLA leave, you will be provided information about other leave options available to you.

Step 3: If medical certification is requested by HRS, you must return the form, completed by the appropriate healthcare provider, to HRS within 15 calendar days.

• A reminder will be sent to you if certification is not received within 15 days.
• You may be required to correct any deficiencies in your certification before FMLA leave can be approved.
• A second medical opinion may be sought in certain circumstances.

Step 4: HRS will notify you and your supervisor via email notice whether FMLA leave has been approved within five business days of receiving completed certification.

• If approved, FMLA leave may only be taken for the health condition(s) that the healthcare provider identifies on the certification form.
• FMLA leave will be denied if certification is not received after extensions have been provided.
• In certain circumstances, you may be asked to submit recertification for yourself or your family member as frequently as every 30 days in connection with an absence.

Step 5: Once FMLA job-protection has been approved, continuous FMLA leave will display on your absence calendar in UNI Works and will count toward your 12 week annual FMLA entitlement. Use of the intermittent FMLA absence types of time off will also count toward your FMLA entitlement.

• For approved intermittent FMLA absences, reasonable efforts should be made to schedule planned medical treatment for yourself or your family member so as not to unduly disrupt your department’s operations.
• You may be required to provide HRS periodic updates on your leave status and your intent to return to work when on continuous FMLA leave.
• If you are unable to return to work after exhausting twelve weeks of FMLA leave, HRS and your supervisor will evaluate whether additional leave may be granted as a reasonable accommodation under the Americans with Disabilities Act.

Returning to Work

When you return from medical leave for your own health condition, you must present a release from your healthcare provider prior to your anticipated return date.

• The work release should address the particular serious health condition that caused your need for leave and your ability to perform your essential job functions.
• For continuous leaves of absence approved by HRS, you or your supervisor will need to request that you be returned from leave in UNI Works.
• Login to UNI Works and locate the Menu → Absence → Request → Request Return from Leave of Absence
• Your return to work documentation may be uploaded along with the request.
• HRS will notify your supervisor of any temporary work restrictions advised by your healthcare provider to determine if UNI is able to accommodate your return to work.
• If your restrictions cannot be accommodated, you may be required to remain on medical leave until the restrictions are modified or you are fully released back to work.
• UNI has the right to require a second opinion or fitness for duty exam if there are concerns regarding the return to work parameters.
• You are not allowed to take more FMLA leave than is necessary to resolve the circumstances for which you needed leave.

Note: If you have physical restrictions upon returning to work and need to access alternative parking spaces on campus, you may apply for temporary accessible parking privileges at the Department of Public Safety Parking Division. In most cases, you will need to provide a doctor’s note to support your request.

Eligible Spouses Combined Limitation

When spouses work for UNI and each spouse is eligible for FMLA leave, they are limited to a combined total of 12 weeks of leave in a 12 month period for the following reasons:

• the birth of a child and bonding with the newborn child
• the placement of a son or daughter with the employee for adoption or foster care and bonding with the newly-placed child
• the care of their own parent with a serious health condition
• military caregiver leave (combined limitation of 26 weeks)

FMLA leave reasons not subject to the combined limitation include:

• care of a spouse or child with a serious health condition
• the employee's own serious health condition
• qualifying exigency leave

If only one spouse employed by UNI is eligible for FMLA leave entitlement, that individual is entitled to the full 12 weeks of leave for the reasons noted above. The combined limitations do not apply to two employees working for UNI who are not legally married.

Pregnancy and Parental Leave

Birth of a Child

• Eligible pregnant employees approved for FMLA leave may take medical leave for prenatal care and incapacity related to pregnancy and for their own serious health condition following the birth of a child.
  • The medically necessary postpartum healing period is typically six to eight weeks, depending on the type of delivery. This period of time must be taken as a continuous block of leave.
  • Remaining FMLA leave entitlement may be taken for bonding with the healthy newborn child after the employee is released to return to work by their healthcare provider. Leave for bonding may be taken intermittently when requested and approved by HRS.
• FMLA-eligible employees who are non-birthing parents may use FMLA leave for the birth of a child, to bond with a newborn child, and/or to care for their spouse who is incapacitated due to pregnancy or child birth.
• FMLA leave entitlement for birth and bonding reasons expires 12 months after the newborn child's date of birth.
• Pregnant employees who are not eligible for FMLA leave entitlement will still be granted an unpaid leave of absence for up to eight weeks, as required by doctor’s orders. HRS will request medical documentation to support this type of leave.
• Non-birthing parents who are not eligible for FMLA leave may still request to use vacation time, compensatory time, or available family caregiving leave for the birth of their child and/or to care for their spouse with approval from their supervisor.
• The catastrophic leave program may be accessed in situations where the birthing parent does not have enough paid time off accruals to cover a leave of absence due to temporary pregnancy-related disability and/or medically necessary postpartum recovery.

Adoption and Foster Care Placement

• FMLA-eligible employees are entitled to up to 12 weeks of leave for placement of a child in the home for adoption or foster care.
• Leave may be taken before the actual placement of a child in their home if an absence from work is required in order for the placement to proceed.
  • Examples: attend counseling sessions, appear in court, consult with an attorney or adoption agency, submit to physical examination, or travel to complete adoption before the actual date of placement.
• Time off work to bond with a child after placement with the employee must be taken as a continuous block of leave unless UNI agrees to allow intermittent leave.
• FMLA leave entitlement for adoption or foster care expires 12 months after the date of placement.
• Employees who are not eligible for FMLA leave entitlement may also request leave for the adoption and/or foster care process with approval from their supervisor.

Employee Rights & Protections

• FMLA leave status does not protect you from actions that would have affected you if you were not on FMLA leave.
  • Example: if your shift is cut, overtime hours reduced, or position is eliminated, you would not be able to return from FMLA leave to your same position.
• While on FMLA leave, you are entitled to any unconditional pay increases that may have occurred during your FMLA leave period.
  • Pay increases based on periodic performance reviews and seniority may be delayed by the amount of unpaid FMLA leave utilized.
• Upon return from FMLA leave, you will be reinstated to the same or equivalent position with equivalent pay, benefits, and other employment terms and conditions.
• If you are unable to perform the essential functions of your position upon return from leave, UNI is not required to reinstate you to your previous position.
• UNI will not use FMLA leave as a negative factor in any employment action, including promotions, or otherwise discriminate against any individual for exercising their rights to such leave.

Benefits Continuation

During approved FMLA leave, UNI must maintain your health and dental insurance coverage on the same terms as if you had continued to work

• If you are on unpaid FMLA leave for a full calendar month, you must make arrangements to pay the employee share of insurance premiums owed if you choose to maintain those benefits.
• UNI must send you notice in writing at least 15 days before the date that your coverage will end if you do not make payment.
  • If the premium is still not paid 30 days after the date the premium was due, your coverage will be canceled.
• If you do not return to work after FMLA leave entitlement is exhausted, UNI may exercise its right to recover any premium amounts paid unless you are unable to return because of a serious health condition or some other factor beyond your control.
• Once you return from FMLA leave, all benefits will be reinstated with no change in coverage.

FMLA Covered Workers' Compensation

FMLA leave entitlement will run concurrently with a workers' compensation absence when the injury or illness is one that meets the criteria for a serious health condition and the employee is FMLA eligible.

• Because workers' compensation leave is paid, UNI cannot require you to use your accrued paid time off for this type of leave, as noted by FMLA policy.
• Under a workers' compensation claim, light or restricted duty assignments may be substituted for your regular job if approved by the healthcare provider and if the University has suitable assignments available.
• You have the right to decline a restricted duty assignment; however, in that case you may no longer be eligible for workers' compensation payments.

FMLA Absence Reporting

The University's FMLA policy requires employees to use sick, vacation, or other available paid time off concurrently when approved for FMLA job-protected leave.

Continuous FMLA Leave

When requesting continuous FMLA leave in UNI Works, find the Absence icon from the Menu, then select Request Absence > Select Date Range > Continuous Leave of Absence > FMLA > Next > Reason > Submit. After you submit the request, a documentation process will be initiated in UNI Works that requires action from you so be sure to check your My Tasks box. Once continuous FMLA leave is approved, you will also need to submit requests for Time Off on concurrent days of your leave in order to receive your regular pay.

Intermittent FMLA Absences

The FMLA time off types identified below should only be used if you are approved for intermittent or reduced schedule FMLA leave by Human Resource Services. These time off types draw from your accruals balance but the FMLA designation assists with keeping track of your FMLA leave entitlement. When requesting time off for your FMLA approved reason, use the appropriate FMLA absence type related to your situation.

• FMLA Sick - Use of sick accruals for time off related to an employee’s own serious health condition.
• Keep in mind that you will have to select "reasons" for FMLA Sick when entering the requested number of hours.
• FMLA Vacation - Use of vacation accruals for your own serious health condition when no sick time off is available; to bond with a newborn child, adopted child, or child placed with you for foster care; or to care for a family member with a serious health condition.
• FMLA Family Caregiving - Use of the portion of sick accruals designated for the care of an ill or injured family member when concurrently approved for FMLA leave. For more information see Family Caregiving FAQ.
• FMLA Banked Holiday - Previously earned Banked Holiday hours used for FMLA covered absences.
• FMLA Comp Time Used - Previously earned compensatory time used for FMLA covered absences.
• FMLA Unpaid Time - Job-protected unpaid time off when accruals are exhausted..

Additional Resources

Manager Resources

UNI Works Manager Job Aid: Leave of Absence
Manager's Role in FMLA Leave
UNI Policy 4.49 FMLA Leave
FMLA Employer Guide
DOL FMLA FAQ
FMLA Employee Protections

Frequently Asked Questions

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