Family & Medical Leave Act

Effective June 30, 2024 UNI’s method for calculating the 12-month period changed to a “rolling” method measured backward from the date of an employee’s first use of FMLA leave for any qualifying event. 

Each time an employee takes FMLA leave, they will only be eligible for the remaining balance of the 12-week period not already used in the previous 12 months.

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.

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.

HRS will provide you with the appropriate form needed for your leave reason. 

Ongoing communication between you, your manager, 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 whenever possible before your need for FMLA leave so your manager may plan for coverage of your responsibilities in your absence.
  • If advance notice of your leave is not foreseeable, inform your manager and/or HRS as soon as possible.
• When unexpected leave occurs (e.g. emergency situations), you must inform your manager as soon as you can, following your department’s usual call-in procedures.

To initiate FMLA leave, 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. UNI Works > Absence Request > Continuous Leave of Absence > FMLA Leave> Reason 

Step 1: 

Notify your manager 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.

Per Department of Labor regulation, you are responsible for any fees required by your provider to complete the certification. 

Step 4: 

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

• 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 your request has been approved, "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.
• While on continuous FMLA Leave, you may be required to provide HRS periodic updates on your leave status and your intent to return to work.

If you are unable to return to work after exhausting twelve weeks of FMLA leave, we will evaluate whether additional leave may be granted as a reasonable accommodation under the Americans with Disabilities Act.

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 manager will need to request that you be returned from leave in UNI Works.
  • Your return to work documentation may be uploaded along with the request.
• HRS will notify your manager 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 need accessible parking spaces on campus upon returning to work, please refer to the information about that process outlined on the Parking Division webpage. 

Birth of a Child and Bonding

Pregnant employees approved for FMLA leave may take medical leave for prenatal care, temporary incapacity related to pregnancy, and recovery from childbirth. 

• 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.

FMLA leave may also be taken for bonding with a healthy newborn child and typically follows the postpartum recovery period for birthing parents. 

• Leave for bonding may be taken intermittently when approved by HRS.

Employees who are the non-birthing parent may take FMLA leave for the birth of their child, to bond with their newborn child, and/or to care for their spouse who is incapacitated due to pregnancy or child birth.

Note: FMLA leave for the birth of a child and bonding with a newborn child must be taken within 12 months after the baby's date of birth. 

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 the 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.

Bonding with a newly placed child must be taken as a continuous block of leave unless UNI agrees to allow intermittent leave.

Note: FMLA leave entitlement for adoption or foster care expires 12 months after the date of placement.

Pregnancy Leave

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.
• Accruals may be utilized to remain in paid status during pregnancy leave. 

Parental Leave

Non-birthing parents who are not eligible for FMLA leave may still request time off for the birth of their child and/or to care for their spouse with approval from their manager.

Employees who are not eligible for FMLA leave entitlement may also request time off or leave for the adoption and/or foster care process with approval from their manager.

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.

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 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.

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 > 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. 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.

These time off types draw from your accruals in the same manner as the corresponding time off type. The purpose of identifying them as FMLA is to assist with keeping track of your FMLA leave entitlement. 

1Q: Does the Family & Medical Leave Act guarantee paid time off?

1A: The FMLA statute only mandates that employers provide unpaid leave to eligible employees; however, UNI Policy 4.49 requires employees to use accrued paid time off prior to taking unpaid FMLA leave.

2Q: I have been at UNI for a year but I only work part-time. Am I eligible for FMLA leave?

2A: To be eligible for FMLA, you must have worked at least 1,250 hours during the 12 months prior to the start of your need for leave, which equates to approximately a 60% work schedule. You should contact HRS with questions regarding your eligibility for FMLA leave entitlement.

3Q: I work only during the academic year when classes are in session. How does FMLA leave apply if my absence starts or ends when classes are not in session and I am not required to report to work?

3A: Any break in your normal work schedule of one week or more when you would not otherwise be expected to report to work, does not count against your FMLA entitlement. You also would not be required to use accrued paid time off during that time.

4Q: If there is a paid holiday during my FMLA leave is that day counted as part of my leave?

4A: If a holiday falls during a week of continuous FMLA leave, the full week is still counted as FMLA leave; however, you are not required to use paid sick time off for the holiday.

5Q: Do I have to give UNI my medical records in order for FMLA leave to be approved?

5A: You do not have to provide medical records; however, your healthcare provider will need to complete the appropriate medical certification form if requested by HRS. You must return this form within 15 calendar days after you receive it.

6Q: Does my manager have access to the FMLA paperwork submitted by my healthcare provider?

6A: FMLA certification forms are kept confidential in HRS and are not provided to managers.

7Q: Am I allowed to work from home during approved FMLA leave?

7A: We ask that employees not perform work on behalf of the University during approved FMLA leave of absence. However, if your healthcare provider believes you are able to carry out some of your job responsibilities during your recovery period, you need to provide a medical release completed by your healthcare provider to HRS. The release should indicate the date you may resume work related tasks, the number of work hours each day or week, and other relevant work restrictions.

8Q: Can my manager require me to work from home during FMLA leave?

8A: We cannot require that you perform work during an approved medical leave since that time off is meant to help you address the circumstances of your leave. In general, minimal tasks such as completing a timecard or responding to an email request for general information wouldn't be of concern. However, tasks that relate to your regular job duties or that require a significant amount of time should not be asked of you.

9Q: Can UNI contact me to make inquiries about my leave during my absence?

9A: HRS may contact you to see how you are doing; assess possible accommodations needed upon your return; and to confirm whether your return to work date is or is not on target. Your manager may also check in with you to see how you are doing or to request general information readily accessible to you related to department operations (i.e. location of keys, passwords, contact info, etc.)

10Q: Can UNI require me to return to work before I exhaust my FMLA leave?

10A: You may be required to return to work if you no longer have a serious health condition as defined by FMLA or if you fail to fulfill your obligation to provide supporting medical certification. We cannot require you to return to work early by offering you a light duty assignment.

11Q: Can I return to work before my 12 weeks of FMLA entitlement is over?

11A: Yes. If your leave is due to your own serious health condition, you must have a medical release from your healthcare provider allowing you to return 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.

12Q: Are there any restrictions on how I spend my time while on FMLA leave?

12A: UNI does not restrict how you spend your time while on FMLA leave unless the reason for the leave no longer exists; you have failed to provide requested medical certification; or if the reason for the leave has been misrepresented.

13Q: Can UNI refuse to grant me FMLA leave?

13A: Yes, if you are not eligible for FMLA leave or if the reason for leave does not qualify under the FMLA. FMLA leave may also be denied if you fail to provide necessary paperwork to qualify your leave under FMLA.

14Q: Does FMLA leave cover visits to a physical therapist, if my doctor prescribes the therapy?

14A: If your FMLA leave request is approved and your healthcare provider refers you to physical therapy for continuing treatment, this type of intermittent leave would be covered. Absences for this reason would be recorded as "FMLA Medical Appointment" when completing your timecard.

15Q: I am expecting a baby this year and I have lots of paid time off accrued. Can I use sick time for the entire 12 weeks of my maternity leave?

15A: You may use sick time off only during the period that your physician certifies that you are unable to work because of the pregnancy and/or delivery. Any leave beyond that period must be taken as vacation, compensatory time off or leave without pay.

16Q: Can the University count leave due to pregnancy complications against the 12 weeks of FMLA leave for the birth and care of my child?

16A: Yes. If you are an eligible employee and pregnancy complications prevent you from working, that leave time may be counted as part of the total 12 weeks of FMLA leave entitlement for the calendar year.

17Q: Can the University count time on maternity leave as FMLA leave?

17A: Yes. Maternity leave for the birth of a child would be considered qualifying FMLA leave and will be counted as part of the 12 weeks of leave entitlement.

18Q: Who is considered an immediate 'family member' for purposes of taking FMLA leave?

18A: An employee's spouse, children and parents are immediate family members for the purposes of FMLA. The term parent does not include a parent 'in-law.' The term children does not include children over the age of 18 unless they are "incapable of self-care" because of a mental or physical disability.

19Q: I am a Merit employee. Will I receive my salary increase on my normal anniversary date even though I am on FMLA leave?

19A: You might not. Unpaid FMLA leaves of 30 calendar days or more will cause the University to adjust the merit increase date. This new merit increase date will become the employee's permanent date.

20Q: Will I receive my scheduled July 1 salary increase while I am on an FMLA leave?

20A: Yes. Employees on FMLA leave are eligible to receive all across-the-board salary increases that are not contingent upon an anniversary date or performance appraisal.

21Q: What happens to my benefits if I am on unpaid FMLA leave?

21A: During the 12 weeks of FMLA leave, UNI is required to continue to pay the university share of the health, dental, vision, life and long term disability insurance premiums. If you are on unpaid FMLA leave, you will be directly billed for your portion of the health, dental, and/or vision premiums.

If you have a flexible spending account (FSA) and are in FMLA unpaid status, contributions to the account will cease until you return to work. You also will not accrue sick or vacation time off during unpaid FMLA leave.

22Q: Can UNI cancel my coverage if I can't afford to pay my share of health and dental premiums while on unpaid FMLA leave?

22A: UNI must send you notice in writing at least 15 days before the date that your coverage will lapse. If the premium is still not paid 30 days after the date the premium was due, your coverage will be cancelled.

23Q: Does UNI have to continue my other benefits while I am on unpaid FMLA leave?

23A: FMLA statute only requires that the University continue your health and dental insurance. Please review the I Need to Take a Leave webpage for additional information.

24Q: Can the University fill my position while I am away on FMLA leave?

24A: Based on department staffing needs, a temporary employee may be hired to fulfill your job duties while you are on leave. Once you return from leave, you are entitled to your same job or an equivalent position with no loss of pay or status. An "equivalent position" is defined as a position in the same job location, with the same shift or equivalent work schedule, requiring substantially equivalent skill, effort, responsibility and authority and having the same pay and benefits.

25Q: If UNI has a layoff while I am on FMLA leave and my job would have been affected by the layoff, will I still have the entitlement to the same or equivalent position at the end of my leave?

25A: No. FMLA leave does not offer you any greater job protection than you would have had if you had not taken a leave.