Family and Medical Leave Act
Family and Medical Leave Act (FMLA)
Policy
________________________________________
Document Number: HR--114 Revision #: 1.0
Document Owner: Executive VP Date Last Updated: 08/17/2012
Primary Author: Director of Human Resources Status: Approved
Date Originally Created: 01/12/2012
________________________________________
General Description
Description: Information about the Family and Medical Leave Act (FMLA) relative to HR policy.
Purpose: Delineation of policy.
Scope: All faculty, staff, and administrators
Responsibility: Human Resources
________________________________________
Requirements
Relevant Knowledge: In order to comply with this policy you should know:
Current University policy
Federal statutes
Terms and Definitions: Additional training
Corrective Action
Loss of privilege, general
________________________________________
Policy Provisions
1. Family Medical Leave Act (FMLA)
This section is a summary of the leave policies that apply to faculty and staff under the Family & Medical Leave Act (FMLA). Under the federal law, FMLA leaves may be unpaid leaves, but Cumberland University requires the eligible faculty or staff member to use accrued paid time (vacation and sick time) to help maintain income during periods of illness or family obligations. The Leave taken will count against the faculty/staff member's annual FMLA leave entitlement. The entire FMLA process, including the provision of certifications and recordkeeping should go through the Office of Human Resources.
1.1 Types of Leaves Covered by FMLA
The FMLA covers up to 12 total weeks of leave in a 12-month period for the following situations:
1. A faculty/staff member's own serious health condition, including on-the-job injury or occupational disease covered by workers' compensation
2. The care of a family member (spouse, parent, a minor child, or a child age 18 or older but incapable of self-care) with a serious health condition, and/or
3. The birth, adoption, or foster care placement of a child.
A serious health condition is a physical or mental illness or injury that requires either:
1. Inpatient care in a hospital, hospice, or residential care facility, or
2. Continuing treatment by a health care provider.
1.2 Eligibility for FMLA Leave
To be eligible for FMLA leave, a faculty or staff member must:
1. Have worked at Cumberland University for at least 12 consecutive months or if 9 month employees a year as defined by their letter of appointment, and
2. During that time, worked a minimum of 1, 250 hours at Cumberland University.
1.3 Requesting FMLA Leave
Faculty and/or staff should provide a written request for leave to the Office of Human Resources at least thirty days prior to the anticipated leave date. When the need for leave is not foreseeable, notice of the leave must be given to the Office of Human Resources as soon as practicable, but in most circumstances no later than one or two working days of learning of the need for leave. Cumberland University requires employees to complete FMLA request forms for any illness lasting over five days.
1.4 Certification of FMLA Leave
Where appropriate, the University (at its discretion) requires a certification from a health care provider or the appropriate court documents in the case of adoption or foster care to support the request for leave. In the case of certification for intermittent leave or leave on a reduced work schedule for planned medical treatment, the certification should state the dates on which such treatment is expected to be given and the duration of such treatment.
If an employee has taken leave due to his or her own serious health condition, the University requires the employee to obtain and present a fitness for duty statement from the employee's health care provider certifying the employee is able to return to work. The employee is required to periodically report his/her status and intent to return to work to the Director of Human Resources.
1.5 Health Care Coverage During FMLA Leave
Faculty and staff on leave under this policy will continue to receive coverage under the Cumberland University health care plan at the level and under the conditions that such coverage would have been provide if the affected faculty or staff member had continued working. Faculty and staff paying monthly health insurance premiums for family coverage and/or single payroll co-pays will be required to continue such premiums and/or co-pays either through continued payroll deductions, if paid leave is available, or by making monthly payments. If a faculty or staff member does not return from approved leave at the appropriate time, then the University may require that the faculty or staff member reimburse the University for the cost of health coverage paid by the University on the employee?s behalf while on leave.
The Office of Human Resources should be consulted prior to the commencement of the leave so that appropriate arrangements for the payment of premiums can be established.
1.6 Return from FMLA Leave
On return from FMLA Leave, the employee is entitled to be returned to the same position the employee held when the leave period commenced or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An employee, who is unable to perform an essential function of the position because of a physical or mental condition, including the continuation of a serious health condition, has no right to restoration to another position under the FMLA. The University will fulfill any obligation imposed by the ADA.
1.7 Paid FMLA Leave
FMLA leave will be unpaid unless accrued sick or vacation leave time is available. Employees who are approved for leave under this policy must use all accrued sick and/or vacation time before going to unpaid status.
1.8 Spouses at Cumberland University
If a wife and husband are both employed by the University and they request leave for the birth, adoption or foster placement of a child or the care for a parent with a serious health condition, they are entitled to a combined total of 12 weeks of FMLA Leave in any 12-month period for these purposes.
1.9 Intermittent or Reduced Work Schedule Leave
Intermittent leaves, or leaves on a reduce work schedule, may be appropriate in the case of a faculty or staff member's own serious illness or for the serious illness of a spouse, parent or child. Intermittent leaves or leaves on a reduced work schedule are not available for the birth, adoption, or foster placement of a child.
________________________________________
Performance Evaluation
Performance Metrics: Compliance with standard policy and procedure
Compliance with federal mandate
Consequences: Further training
Loss of privileges
________________________________________
Subject Experts
The following may be consulted for additional information.
Director of Human Resources
Legal Counsel