Family & Medical (FMLA) Leave
Policy 4.6.1
Effective December 1995
Last Revised March 2006
Responsible University Officer Vice President for Human Resources
Responsible Office: Office of Human Resources
Table of Contents
Policy Statement
The University of Minnesota provides for a leave under the
Family Medical Leave Act (FMLA) for eligible employees and is obligated by
federal law to do so when the situation warrants. The Official Language in this policy contains specific
information on how this leave is to be applied.
Reason for Policy
To provide a FMLA leave in accordance with federal
regulations.
Who Should Know This Policy
All employees in the following groups:
- Police (LELS)
- Crafts and Trades Workers (Trades Umbrella Contract)
- Service Maintenance and Labor (TEAMSTERS Local 320
- Health Care Non-Professional (local 1164 AFSCME Council 6)
- Nurses
- Clerical and Office (Locals 3800 and 3801 AFSCME Council 6)
- Technical (Locals 3937 and 3801 AFSCME Council 6)
- Faculty
- UMD Faculty (UEA)
- Graduate Assistants, Academic Undergraduate Student Employees, Post Baccalaureate
Professional Degree Students and Trainees
- Academic Professional and Administrative
- Non-Instructional Professional
- Non-Academic Supervisors
Also included are Confidential and
Managerial employees. (NOTE: For purposes of the FMLA leave, bargaining unit
represented employees are first covered by their contracts.)
Responsible administrators, direct
supervisors, and all other administrators and/or faculty whose decisions impact
the above listed employee groups.
Official Language
The following Family
and Medical Leave Act (FMLA) policy for the University of Minnesota is based on
federal legislation:
A. Purpose
FMLA is intended to
allow employees to balance their work and family life by taking reasonable
unpaid leave for a serious health condition, for the birth or adoption of a
child, and for the care of a child, spouse, registered same-sex domestic partner
provided for by the University, or parent who has a serious health condition.
The Act is intended 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.
B. Eligibility
Employees are eligible if they have worked at the University
for at least 12 months (not required to be consecutive) and worked at least
1,250 hours in the 12 months preceding the commencement of the leave. Eligible
faculty and staff are able to use up to a total of 12 weeks of leave in any
fiscal year with proper medical documentation for the following types of
absences:
- An employee's
own serious health condition
- The serious health
condition of an employee's immediate family member
- Caring for a
newborn or newly-placed adopted child or foster child
C. Benefits Reinstatement
An
employee returning to work following an FMLA leave will be able to return to the
same job or an equivalent position. Any benefits, seniority, etc., in place
immediately before the leave will be reinstated provided that the employee
returns to work the first work day following the end date of the FMLA leave or
any approved leave up to 30 days following the FMLA leave.
D. Benefits/Other Leave Programs
An employee is required to use,
concurrently with the FMLA leave, the following paid leaves in the order listed:
(1) sick leave available for use, as defined by the contract, rule, or policy
governing the
reason for the leave, then (2) vacation leave, in excess of
10 days, to which the employee is entitled.
E. Critical Information for Responsible Administrators/Supervisors
Responsible administrators/supervisors must provide employees FMLA
documentation within two days of an employee requesting a leave qualifying under
FMLA or immediately if the employee is placed on a FMLA leave without a specific
request. FMLA documentation provides the specific obligations and expectations
of a FMLA leave and any consequences of failure to meet the obligations. The
FMLA emphasizes record keeping and notifying employees of their rights. The law
requires that specific "payroll" information be recorded and
maintained on individuals who take FMLA leaves. This data is subject to audit by
the Department of Labor.
F. Bargaining Unit Contracts
For purposes of the FMLA leave, bargaining unit represented employees are first
covered by their respective contracts. FMLA language in labor agreements:
- Unit 3 Service
Maintenance & Labor (Teamsters Local 320)
- Unit 6 Clerical
& Office (Locals 3800 and 3801 AFSCME Council 6)
- Unit 7 Technical
(Locals 3037 and 3801 AFSCME Council 6)
- Unit 9 University
Education Association (UEA) - UMD Faculty
G. Graduate
Assistants
Under federal law,
you may be eligible for up to twelve weeks' absence during a fiscal year for:
- Parental Leave
- Childbirth
and/or care of the newborn
- Placement of an
adopted or foster child
- Family Medical
Leave
- Care of a close
family member (spouse/registered same-sex domestic partner/child*/parent)
with a serious health condition
- Personal Medical
Leave
- A serious health
condition that prevents you from performing your job
Eligibility requires
that you have worked at least 1,250 hours
in the twelve months preceding the leave and that your earliest date of
employment at the University occurred at least twelve months prior to the leave
date. Requests for family or medical leave should be submitted to your
supervisor. Be aware that your
supervisor can place you on an FMLA leave, if appropriate, without your
requesting such a leave. You may
obtain more information about the Family and Medical Leave Act from your
department office or your unit's Human Resources Office.
*The definition of
child; here includes the adoptive, biological, or foster child of the graduate
assistantıs registered same-sex domestic partner.
Related Information
Required
documentation: Copies of required documentation may be printed from the Forms
section of this policy.
Other Policy Sources:
Specific contract, policy, or rule language pertaining to leaves for an
employee. Refer to those that are applicable to specific employee group.
Statutes:
29 U.S.C. Sec. 2601 et. seq. Also relevant are federal regulations issued
by the U.S. Department of Labor.
Contacts
Information: Contact
your supervisor or campus, collegiate or administrative unit human resources
administrator first, your central human resources specialist or consultant as
appropriate.
Document Process:
Contact Human Resources Management System (HRMS) Call Center (625-2016).
Employee Benefits:
should call 612-624-9090 and press '2' for the Employee Benefits Service Center.
History
| Edited 10/23/2006: |
Removed confusing eligibility language under Official Language, Section G, Graduate Assistants. |
| Edited
3/19/2004: |
Clarification
in language with relation to use of sick and vacation leave, updated HRMS
information and minor edits, and clarifications made. Two new forms added:
|
| Edited 1/14/04: |
Minor clarifications
in language. Added "Benefits" to Official Language - C. Benefits
Reinstatement to clarify the focus of that section.
|
| Edited 3/11/03: |
Minor clarifications in
language. |
| Amended 7/22/02: |
Minor clarifications in
language, additional information added under Frequently Asked Questions |
| Effective 04/06/95: |
Final rules issued by the
Department of Labor. Major changes include:
1. Redefinition of serious illness and other terms, e.g., health care provider,
and
2. Requiring FMLA documentation be given to faculty and staff within two
business days of request or immediately upon notification of FMLA leave instatement
without employee request. |
| Effective 02/05/94: |
Original FMLA policy for
employees covered by a collective bargaining agreement or the date of contract signing. |
| Effective 08/05/93: |
Original FMLA policy for
employees not covered by a collective bargaining agreement. |
Definitions
| Authorized Health Care Provider: |
A
doctor of medicine or osteopathy who is authorized to practice medicine or
surgery by the state where they practice. The definition also includes:
podiatrists, dentists, clinical psychologists, optometrists, chiropractors
(related to spinal manipulation), nurse practitioners, nurse-midwives,
clinical social workers, and Christian Science practitioners. These
professionals must be performing "within the scope of their practice
as defined under state law." |
| Employee's Parent: |
A
biological parent or an individual who stands or stood in loco parentis to
an employee when the employee was a child. |
| Employee's Son or Daughter: |
The
biological, adoptive, or foster son or daughter, a stepchild, or a legal
ward of the employee or a child of a person standing in loco parentis who
is under the age of 18 or 18 and older and incapable of self-care because
of a mental or physical disability. The University's policy on domestic
partners extends the definition of son or daughter to include those of
registered same-sex domestic partners. |
| Employee's Spouse: |
The
University defines the term domestic partner as referring to two persons
of the same gender, age 18 or older, who are unrelated by blood closer
than permitted by the state of Minnesota marriage laws. The persons declare that they are each other's sole domestic
partner and that they are responsible for each other's welfare. This definition is intended to cover same-sex relationships
– people who are partners and not roommates. Domestic partnership is defined as two individuals of the same
gender who are in a committed relationship of an indefinite duration, who
support each other, and whose relationship resembles a mutually exclusive
partnership as that of marriage. |
| FMLA Conditions: |
"Serious
Health Condition" means an illness, injury, impairment, or physical
or mental condition that involves one of the following:
1. Hospital
Care: Inpatient care (i.e., an overnight stay) in a hospital, hospice, or
residential medical care facility, including any period of incapacity or
subsequent treatment in connection with or consequent to such inpatient
care.
2. Absence Plus
Treatment: A period of incapacity of more than three consecutive calendar
days (including any
subsequent treatment or period of incapacity relating to the same
condition), that also involves:
- Treatment
two or more times by a health care provider, by a nurse or physician's
assistant under direct supervision of a health care provider, or by a
provider of health care services (e.g., physical therapist) under
orders of, or on referral by, a health care provider, or
- Treatment by
a health care provider on at least one occasion which results in a
regimen of continuing treatment under the supervision of the health
care provider.
3. Pregnancy:
Any period of incapacity due to pregnancy or for prenatal care.
4.
Chronic Conditions Requiring Treatments: A chronic condition which
- Requires
periodic visits for treatment by a health care provider or by a nurse
or physician's assistant under direct supervision of a health care
provider;
- Continues
over an extended period of time (including recurring episodes of a
single underlying condition); and
- May cause
episodic rather than a continuing period of incapacity (e.g. asthma,
diabetes, epilepsy, etc.)
5.
Permanent/Long-Term Conditions Requiring Supervision: A period of
incapacity which is permanent or long-term due to a condition for which
treatment may not be effective. The employee or family member must be
under the continuing supervision of, but need not be receiving active
treatment by, a health care provider. Examples include Alzheimer's, a
severe stroke, or the terminal stages of a disease.
6. Multiple
Treatments (Non-Chronic Conditions): Any period of absence to receive
multiple treatments (including any period of recovery) by a health care
provider or by a provider of health care services under orders of, or on
referral by, a health care provider, either for restorative surgery after
an accident or other injury, or for a condition that would likely result
in a period of incapacity of more than three consecutive calendar days in
the absence of medical intervention or treatment such as cancer (chemotherapy, radiation, etc.) severe arthritis (physical therapy), kidney disease (dialysis). |
Responsibilities
Faculty/Staff:
- Must give the
department at least 30 days notice of the leave, whenever possible.
- Must attempt to
schedule a foreseeable leave so as not to unduly disrupt the department's
operation.
- In the case of
unexpected disability, the employee must make a request as soon as
practical.
- Obtain needed
medical certification to support any FMLA leave.
Responsible Administrators/Supervisors:
- Administer FMLA leaves.
- Keep appropriate documentation (as indicated in Procedures).
Office of Human
Resources:
- Advise
administrators on how to inform employees about FMLA leaves.
- Advise
administrators on how to document all leaves appropriately under the federal
regulation
- Inform employees
of FMLA leave requirements.
Procedures
Leave Requests
Eligible employees
interested in FMLA should:
- Request from
supervisor/appropriate responsible administrator FMLA information and forms (see Forms section below).
- Complete the UM
1515, UM
1602, or UM
1603 form as
appropriate, and return the signed form to the supervisor/responsible
administrator. If the leave is 'foreseeable', the law requires a 30-day advance notice is
requested along with the completed forms. If such a notice is not provided, the leave could be denied.
Timing of Leaves
Eligible employees
may request up to 12 weeks of leave. All employees must return to work not
longer than 30 days following the end of the FMLA leave to retain rights,
benefits, seniority, etc., that were in place immediately before the FMLA leave.
Response to Leave
Requests
Supervisors/responsible
administrators should:
- Provide to
employee requesting information the FMLA documentation within two business
days of a request.
- Maintain
appropriate documentation to support or deny a leave request.
- Require the
employee to use concurrently with the FMLA leave, the following paid leaves
in the order listed:
- sick leave
available for use, as defined by the contract, rule or policy governing
the
reason for the leave, followed by
- vacation leave
in excess of 10 days. to which the employee is entitled.
When Placing
Employee on FMLA Leave Without Specific Request
Supervisors/Responsible
administrators should:
- Notify the
employee that they are being placed on a FMLA leave when appropriate and
provide them with the FMLA documentation (information and forms)
immediately.
- Inform the
employee how their accrued sick leave and vacation time will be used: An employee is required to use concurrently with the FMLA leave, the
following paid leaves in the order listed:
- sick leave
available for use, as defined by the contract, rule or policy governing
the
reason for the leave, followed by
- vacation
leave, in excess of 10 days,. to which the employee is entitled.
Employees should:
- Complete the UM
1515, UM
1602, or UM
1603 form as appropriate, and
return the signed form to the supervisor.
Document
Process Instructions
Leave Documentation:
- Use of paid and
unpaid FMLA leave should be recorded as usual on the VSL computerized or
hard copy vacation/sick leave record.
Document Process:
- Paid and unpaid
leave is to be documented within Human Resource Management System (HRMS).
Manager's Checklist
University Manager's FMLA Checklist (pdf)
Frequently Asked Questions
| 1Q.
What sort of leaves are covered by the FMLA leave? |
1A.
An FMLA leave would include up to 12 weeks absence in a fiscal year for
any of the following reasons:
- Birth of a
child, and to care for the newborn child;
- Placement
with the employee of a child for adoption or foster care;
- Care for the
employee's spouse, registered same sex domestic partner, child, or
parent with a serious health condition; or
- A serious
health condition that makes the employee unable to perform the
functions of the employee's job.
|
| 2Q.
Who is eligible for family and medical leaves? |
2A.
"Employees" who have completed at least 12 months of service and
worked at least 1,250 hours in the 12 months preceding the commencement of
the leave are eligible. It does not apply to any "employee" who
has worked fewer than 1,250 hours in the last 12 months. (Unpaid leaves
would not count towards hours worked.) |
| 3Q.
What is the maximum leave time allowed under the FMLA leave? |
3A.
A total of 12 unpaid weeks for all FMLA leaves in any fiscal year. If both
husband and wife are employed by the University, they each have a total of
12 unpaid weeks available for FMLA leave purposes in any fiscal year. |
| 4Q.
Are these paid or unpaid leaves? |
4A.
The FMLA leave is unpaid, but the University will continue to make its
contribution to benefits. Employees are obligated to make their
contribution for benefits if they wish to continue them. The University
requires employees to use, concurrently with the FMLA leave, the following
paid leaves in the order listed: (1) sick leave available for use, as
defined by the contract, rule, or policy governing the
reason for
the leave, followed by (2) vacation leave, in excess of 10 days, to which
the employee is entitled. An employee will be paid for the use of any
accrued sick or vacation leave. When paid time is used for an FMLA leave
purpose, it will count toward the 12 weeks of leave entitled under the
FMLA. For instance vacation, sick, or any other leaves will count as part
of the 12 weeks when it is used for a FMLA purpose. |
| 5Q.
Must employees use paid sick leave during a FMLA leave? |
5A.
Available sick leave must be used if current University labor contracts,
rules or policies would permit this – for instance it must be used for
some types of FMLA leave – e.g., sick leave must be used for an absence due
to the employee's serious health condition. |
| 6Q.
Will faculty and staff be required to use up their available paid time
(sick and vacation leave) during their FMLA leave? |
6A.
Yes, the University requires employees to use, concurrently with the FMLA
leave, the following paid leaves in the order listed: (1) sick leave
available for use, as defined by the contract, rule, or policy governing
the
reason for the leave, followed by (2) vacation leave, in excess
of 10 days, to which the employee is entitled. |
| 7Q.
What position does the employee get assigned upon return from an FMLA
leave? |
7A.
Under FMLA, the employee is generally guaranteed the same or equivalent
position upon return to work by the end of the FMLA leave unless that
position has been eliminated through the ordinary course of business,
including, but not limited to layoff, non-renewal or program curtailment.
To ensure a
smooth return to work, the supervisor is to be advised by the employee of
the anticipated return to work in a timely manner.
If an employee
is unable to perform an essential function of the job when the FMLA leave
ends, then the employee has no right to return to a position under the
FMLA. In such cases,
Disability Services should be involved to assess the University's
obligations under disability laws. |
| 8Q.
Do temporary employees have any rights under FMLA? |
8A.
Temporary employees are generally not eligible for FMLA leaves, but may be
eligible if:
- They have
worked (anywhere) at the University of Minnesota for at least 12
months;
- They have
worked at least 1,250 hours in the 12 months immediately preceding the
leave; and,
- Their
appointment has not expired. If the appointment expires or the
position is eliminated during the leave, the employee's employment
will be terminated and the leave will end on the last day of the
appointment.
|
| 9Q.
Will the University of Minnesota contribute towards medical and dental
coverage during a FMLA leave? |
9A.
Yes, if a faculty or staff member was eligible for University
contributions for health premiums immediately prior to the leave, the
University will continue to contribute its share during FMLA leave (up to
12 weeks in any fiscal year) or any paid leave during which the employee
is receiving at least 50% of base pay, whichever would be longer. Paid
leave includes sick leave, parental leave, and vacation. Coverage will be
canceled if employees do not pay their share of the premium or if it is
more than 30 days late. |
| 10Q.
What happens if my appointment ends while I'm on FMLA? |
10A.
If you appointment ends while your are on FMLA:
- Your FMLA
leave ends as of the last day of your appointment; and
- Your medical
and dental subsidy ends as of the last day of the pay period which
includes your last day of your appointment, though your medical
coverage will be in effect through the last day of the month; and
- Any
retirement contributions will cease with your last paycheck; and
- Any service
accruals under MSRS to which you may be entitled will end as of the
last day of your appointment.
|
| 11Q.
What period constitutes a "year" for the purposes of FMLA leave? |
11A.
The "year" used by the University under the FMLA is the fiscal
year from July 1 to June 30. |
| 12Q.
May an employee drop optional insurance coverages during FMLA leave? |
12A.
Yes, an employee may drop optional life and disability coverages during an
FMLA leave. Coverages will be reinstated without evidence of good health
at the end of the 12 week leave, or when the employee returns to active
employment, whichever is sooner. If the leave extends beyond approved FMLA
leave, and lasts longer that 12 months, coverages may be reinstated with
evidence of good health or at the next available open enrollment. If the
employee chooses not to continue life or disability coverage, and the
employee should die or become disabled when coverages are not in force, no
benefits are payable for that disability or death. |
| 13Q.
What happens if a faculty or staff member gives notice of intent not to
return? Are their benefits terminated? |
13A.
Yes, as long as the notice is "unequivocal." One form of an
unequivocal notice is when the employee submits a written letter of
resignation. The individual has the option to continue coverage through
COBRA following termination of employment. |
| 14Q.
What about transferring a staff member to another position? |
14A.
An employer may temporarily transfer a staff member to an alternative
position in order to accommodate intermittent absence or a request for a
reduced schedule, provided that it provides "equivalent pay and
benefits." The law does not specify that the staff member be assigned to
equivalent duties in these cases. The Americans with Disabilities Act may
provide additional requirements which must be considered on a case by case
basis. |
| 15Q.
What rights do employees have? |
15A.
The employee has the right to be free from discrimination and the right to
return to the same or equivalent position following an FMLA leave. The
employee may challenge the employer's actions if these rights are not
provided. |
| 16Q.
What kind of medical documentation is required? |
16A.
Medical documentation for FMLA leave is needed to certify a serious health
condition. It will also generally be required for absences of 4 days or
longer if continued treatment is needed. Recertification may be required
every 30 days. (Employees may be required to provide earlier and more
frequent documentation under University policies related to absences, e.g.
negotiated contracts.) The Certification of Health Care Provider form may
be used to document whether or not there is a serious health condition,
the estimated time that the employee will be absent, and, in the case of a
FMLA leave, whether or not the employee is the only person available to
care for the sick or injured family member. The employee should return the
FMLA certification form as part of the request for leave 30 days prior to
the leave when possible. This form should also be used to confirm the
employee's ability to return to work. If any private medical information
is written by the health care provider on the standard form, the form must
be sent to Disabilities Services for filing to avoid violating the Data
Practices Act. |
| 17Q.
When does the University contribute to the health insurance of eligible
employees who are on sick leave or vacation or on any type of paid or
unpaid leave? |
17A.
The University will continue contributions for health insurance for
eligible employees on leave of absence if they meet at least ONE of the
following requirements:
- The employee
is on any leave during which they are receiving full pay.
- The employee
is on an approved FMLA leave.
- The employee
is on a partial leave during which they work at least half-time (20
hours per week).
|
| 18Q.
Can an employee request sick leave or vacation for a serious health
condition and NOT count this toward the 12-week FMLA period? |
18A.
No, such a request should automatically count as FMLA leave. The
supervisor should record such vacation or sick leave as "FMLA" and
document it within HRMS. All documentation should be completed at the time
of advance leave request when the leave is "foreseeable" and within
the first week of the begin date of the leave when there is an
"unforeseeable" leave. Under both situations, the employee must
receive the FMLA documentation. |
| 19Q.
Is an employee eligible for a new 12 weeks of FMLA leave on/after July 1
of each year? |
19A.
Yes, 12 weeks of leave are available each fiscal year for eligible
employees who provide appropriate medical documentation. |
| 20Q.
How does the FMLA leave eligibility apply to graduate assistants and
professionals-in-training (95xx job codes) appointees? |
20A.
Graduate assistants and professionals-in-training (95xx job codes)
appointees are eligible for FMLA leave if they meet the 1,250 hours and 12
month employment eligibility requirements. |
| 21Q.
What happens if a holiday falls during the 12 week FMLA unpaid leave? |
21A. A holiday during a week of FMLA unpaid leave has no effect. The week is still counted as one week of FMLA leave. |
| 22Q.
If an individual has been employed by the University for at least 9 months
and has provided an average of 20 hours or more per week but has not been
here for the 12 months of service, can that individual take a leave that
is covered under FMLA? |
22A.
No. An employee must meet
both eligibility requirements in order to qualify. |
| 23Q.
Can an administrator place an employee on FMLA leave if the employee fails
to request the leave? |
23A.
Yes, an administrator/supervisor should place all employees on FMLA who
meet the eligibility requirements. FMLA Leave documentation must be sent
immediately (preferably certified, U.S. mail) to inform the employee that
they are being placed on FMLA leave. |
| 24Q.
Can an administrator deny a FMLA leave even if the employee meets the
eligibility requirements and has a serious health condition? |
24A.
Yes, if an employee fails to request a "foreseeable" leave
appropriately, or fails to provide an appropriate medical certificate,
FMLA leave may be denied. These
individual circumstances should be discussed with Human Resources. |
| 25Q.
Can time spent as a student employee be combined with that of civil
service (or any other employee group, i.e. academic, bargaining unit
represented, etc.) appointment to fulfill the eligibility requirement of
at least 1250 hours and twelve months? |
25A.
Yes, provided all of the employment at issue has been within the
University. |
| 26Q.
Are registered same-sex domestic partners included under the FMLA leave
policy? |
26A.
Yes. Please refer to the "Definitions"
section to see how same-sex domestic partners are included under the FMLA
leave policy. |
| 27Q.
Is Workers Compensation leave counted simultaneously with that of FMLA
leave? |
27A.
Yes. |
| 28Q.
Is FMLA leave determined by weeks or days of portions thereof? For example, if an employee is on a 50 percent time appointment and
begins an FMLA leave, is the FMLA leave period 12 weeks or 24 weeks? |
28A.
The FMLA leave period is defined in weeks, e.g. 12 weeks. The FMLA leave period is prorated based on the employee's
percentage appointment, e.g. 12 weeks at 50 percent time for employees
appointed on 50 percent time appointments. |
| 29Q.
How do you calculate intermittent leave? |
29A.
To track intermittent leave, hours must be counted. As an example, an employee with a 100 percent time
appointment, who is on intermittent leave is entitled to the hour
equivalent of 12 weeks at 100 percent time (480 hours). |
| 30Q. When should an employee's absence be designated as FMLA leave? |
30A.
Designation of absences as FMLA leave should occur as soon as possible. As soon as the unit determines that the employee is eligible and
that the absence qualifies for FMLA leave, the unit should notify the
employee that the leave is being designated as FMLA leave. Sometimes, because information has not been shared quickly, the
absence won't be designated as FMLA leave until the employee actually
returns to work. |
| 31Q.
If FMLA leave is taken for the birth or placement of a child, when must
the leave be concluded? |
31A.
An employee's FMLA leave taken for the birth or placement of a child
must be completed by the end of the 12-month period that begins on the
date of the birth or placement. |
| 32Q.
In a situation of parental leave where both parents are employed at the
University, how much parental leave is allowed under FMLA? |
32A.
Each parent shall be entitled to 12 weeks of FMLA leave for the birth or
adoption of a child assuming each otherwise meets FMLA eligibility
requirements. When both
parents work in the same department/division, the responsible
administrator may exercise discretion in approving timing of the leaves to
address resources and work coverage of the department/division. |
| 33Q. What is the impact of the FMLA policy on employees with registered
same-sex domestic partners at the University? |
33A.
Registered same-sex domestic partners are not covered by federal law. However, the University Administrative policy on FMLA extends the
FMLA coverage to include same sex domestic partners. Therefore, a
University employee could be entitled to leave to care for their partner,
but this time would not count against their FMLA entitlement as calculated
under federal law. |
| 34Q.
Can an employee use compensatory time in conjunction with an FMLA leave? |
34A.
An employee on FMLA leave may use compensatory time, if usage is approved
by the responsible administrator. Compensatory time should either be used at the
beginning of the FMLA eligible absence or at the ending of the FMLA eligible
absence. FMLA leave usage should not be interrupted by the use of
compensatory time. Use
of compensatory time is not counted against the employee's FMLA leave
entitlement. Compensatory
time is not a form of accrued paid leave that an employer can require an
employee to use in conjunction with an FMLA leave. In contrast, the University requires an employee to use,
concurrently with the FMLA leave, the following paid leaves in the order
listed: (1) sick leave available for use, as defined by the contract, rule
or policy governing the
reason for the leave, followed by (2)
vacation leave in excess of 10 days. to which the employee is entitled. |
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