Human Resources Manual

Policy No.: 4-10 This policy applies to:
Policy Name: Family Medical Leave Act (FMLA) Non-exempt staff
Effective Date: 08/01/04   Exempt staff
Revised: 08/19/09  Faculty

Policy

The Family Medical Leave Act of 1993 provides eligible employees with up to 12 weeks of unpaid leave in any 12-month period:

  • For the birth of a child, and to care for the newborn child;
  • For placement of a child for adoption or foster care;
  • To care for the employee’s spouse, child or parent with a serious health condition; or
  • Because of the employee’s own serious health condition including work-related injuries

The general notice of your rights and responsibilities under the Department of Labor Family Medical Leave Act (FMLA) is described in their Notice Poster online at

http://finance.loyno.edu/sites/finance.loyno.edu/files/Updated FMLA POSTER 2016.pdff

Procedure

Eligibility

An “eligible employee” is one who has been employed for at least 12 months and for at least 1,250 hours during the previous 12-month period as of the date the leave is to commence. The 12-month period is a rolling 12 months measured backward from the date of the leave.

Leave for the care of family members or due to the employee’s serious health condition may be taken intermittently or on a reduced leave schedule when medically necessary.

Leave for the birth or placement of a child for adoption may not be taken intermittently or on a reduced leave schedule. Entitlement to leave for birth or placement of a child expires one year after the birth or placement.

Notice

Employees are generally required to provide advance notice of the need for leave. Where leave is foreseeable, the employee must provide 30 days notice before the leave is to begin. If leave is not foreseeable, the employee must provide such notice as is practicable. Where leave is for the care of a family member, or the employee’s own serious health condition, and is foreseeable based on planned medical treatment, the employee must also try to schedule the treatment so as not to unduly disrupt University operations.

Employees and/or supervisors are required to contact the Human Resources Department once a qualifying event has occurred to obtain FMLA forms and provide medical (or other) certification.

Substitution of Paid Leave

Paid leaves used for FMLA qualifying events, such as vacation, sick leave or extended sick leave will run concurrently with FMLA leave.

Job and Benefits Protection

Under FMLA, an employee is entitled to be restored to his or her job, or an “equivalent” position, upon return from FMLA leave. FMLA also protects employees from the loss of any employment benefit accrued prior to the commencement of the leave. An employee may choose to retain group health plan coverage during FMLA leave. If the employee retains benefit coverage, he or she must remit the portion of premiums he or she was paying before the leave.

FMLA obligations end when the employment relationship would otherwise have terminated, such as, if the employee’s position is eliminated in a reduction in force or the employee informs Loyola of his/her intent not to return to work.

When FMLA leave expires, Human Resources will contact the employee and the department supervisor to discuss the employee’s situation and whether there is a reasonable expectation of the employee returning. While there is no guarantee of a position beyond the 12-week FMLA period, the employee may request and the immediate supervisor may recommend to the Vice President of the employee’s division that the position be held open based on legitimate work/staffing considerations for a specified period of time not to exceed 90 days in expectation of the employee returning. In cases of personal illness, the employee will collect Long Term Disability, if eligible, during the extension period.

Sick leave does not accrue and vacation will be prorated upon an employee's return from FMLA leave. Holidays that fall during FMLA leave will be paid at the employee’s current pay status; i.e. 100%, 60% or 0%.

Return to Work

When an employee returns from leave for his or her own serious health condition, he or she will be required to submit certification from physician to Human Resources showing fitness to resume work. If an employee is unable to perform an essential function of the position, then the employee has no right to restoration under FMLA.

For more information . . .

This is a summary of the major provisions of the Family Medical Leave Act. More information is available through the Human Resources Department.