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Family and Medical - FMLA Leave

Effective: September 2002
Last Updated: May 2008

Responsible University Officer:

  • Vice President for Human Resources

Policy Owner:

  • Director, Human Resources Policy Development

Policy Contact:

Policy Statement

In accord with federal law, the University of Minnesota (University) provides to eligible employees a leave of absence pursuant to the provisions under the Family and Medical Leave Act (FMLA).

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

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. 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.

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.

Provisions and Terms

Scope

This policy governs the provision of FMLA leave to eligible faculty, academic professional and administrative, graduate assistant, professionals-in-training, Civil Service and union-represented staff employees. Employees of the University 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.

For purposes of the FMLA leave, union-represented employees are first covered by FMLA language as stated in their respective collective bargaining 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 and UMC Faculty

Eligibility requires graduate assistants to have worked at least 1,250 hours in the twelve months preceding the FMLA leave and that the earliest date of employment at the University occurred at least twelve months prior to the leave date.

Excluded from coverage under this policy are (1) student employees and (2) "Without Salary" appointments.

Documentation and Record Keeping

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 the 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.

Reason for Policy

The University provides a family and medical (FMLA) leave in accordance with federal regulations. 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, or registered same-sex domestic partner as 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.

Procedures

Forms/Instructions

See Appendices for packet of supporting Forms/Instructions.

Additional Contacts

Subject Contact Phone Fax/E-mail
General Information or Procedural Assistance
  • Primary: Responsible administrator/supervisor
  • Secondary: Local campus, college, or administrative unit HR administrator
  • Other (as needed): Office of Human Resources specialist or consultant
 Office of Human Resources Specialist and Consultant List Office of Human Resources Specialist and Consultant List
Document Processing
  • HRMS Key Contact
  • Office of Human Resources Call Center
 HRMS Key Contact List (pdf)
Employee Benefits Information
  • Employee Benefits Service Center
 612-624-9090, option 2 benefits@umn.edu

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 employee's husband or wife. The University's policy on domestic partners extends the definition to a registered same-sex domestic partner. For definition of registered same-sex domestic partner, see below.
Registered Same-Sex Domestic Partner
Two persons of the same sex who are (1) engaged in a committed relationship and intend to remain together indefinitely; (2) unable to marry each other under MN law; (3) at least 18 years of age and have the capacity to enter into a contract; (4) are jointly responsible to each other for the necessities of life; (5) are not related by blood closer than permitted under MN marriage laws; and (6) registered as same-sex domestic partners with the University.
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
  • Schedule a foreseeable FMLA leave with at least 30 days notice whenever possible, so as not to unduly disrupt the department's operation.
  • Request to be placed on FMLA leave as soon as practical in the case of unexpected disability.
  • Obtain needed medical certification to support any FMLA leave.
Responsible Administrators/Supervisors
  • Administer FMLA leaves.
  • Keep appropriate documentation in accord with the terms of this policy.
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 provisions and requirements.

Appendices

The following documents are a required packet to implement the policy.

Frequently Asked Questions

Related Information

History

Amended:
May 2008 - Policy converted to the new University-wide format for administrative policies.
Amended:
October 2006 - Removed confusing eligibility language under Official Language, Section G, Graduate Assistants.
Amended:
March 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:
Amended:
January 2004 - Minor clarifications in language. Added "Benefits" to Official Language - C. Benefits Reinstatement to clarify the focus of that section.
Amended:
March 2003 - Minor clarifications in language.
Amended:
July 2002 - Minor clarifications in language, additional information added under Frequently Asked Questions
Effective:
April 1995 - 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:
April 1995 - Original FMLA policy for employees covered by a collective bargaining agreement or the date of contract signing.
Effective:
August 1993 - Original FMLA policy for employees not covered by a collective bargaining agreement.

Effective: September 2002

To obtain a copy of a historical policy, e-mail the U Policy Librarian at policy@umn.edu or call 612-624-4372.

Office of Human Resources