Family and Medical Leave (FMLA)
Last Updated 07/07
Applies to Administrators and Staff
Related Policies:
Policy
The University provides eligible employees with leave for their own serious health condition; for the birth, adoption or foster care placement of a child; or for the care of a spouse, parent, or child with a serious health condition. All such leaves are consistent with the provisions of the Family and Medical Leave Act of 1993 (FMLA).
Eligibility
Any regular full or part-time administrator or staff member who (1) has been employed for at least twelve months during the period immediately preceding the commencement of the leave and (2) has worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave is eligible to apply for FMLA.
Purpose of Leave
A "Family and Medical Leave" is defined as any period during which an employee is away from work for one or more of the following reasons:
- The employee's own serious health condition, including pregnancy and birth-related conditions,
- The birth of the employee's child and to care for that child,
- The placement of a child with the employee for adoption or foster care and to care for that child, or
- To care for the employee's, spouse, child or parent who has a serious health condition.
Definitions
Spouse - A husband or wife as defined or recognized by the State of Indiana.
Parent - A legal parent or an individual who raised the employee when the employee was a child. This does not include "in-laws."
Child - Any child under the age of eighteen who is the biological child of the employee, who is adopted by the employee or whom the employee supervises on a day to day basis and for whom the employee is financially responsible. This includes any such child eighteen or older and incapable of self-care because of a mental or physical disability.
Serious Health Condition - An illness, injury, impairment, or physical or mental condition that involves (1) an overnight stay in a hospital or medical care facility and any period of incapacity or subsequent treatment in connection with the overnight stay, or (2) continuing treatment by a health care provider. Continuing treatment may be established under any of the following circumstances:
- Short-term incapacity for more than three consecutive days that also involves continuing treatment by a health care provider:
- Pregnancy or prenatal care;
- Chronic serious health condition (such as asthma, diabetes, epilepsy);
- Permanent or long-term incapacity (such as Alzheimer's, severe stroke, terminal stages of a disease); or
- Absence to receive multiple treatments for restorative surgery after an accident or injury or a condition (such as cancer, severe arthritis, kidney disease).
Duration of Leave
Employees may be granted a maximum of twelve weeks of Family and Medical Leave in any twelve-month period. The twelve-month period is a "rolling" twelve-month period measured backward from the date an employee uses any leave. An employee's FMLA balance is equal to 12 weeks minus any FMLA time taken during the immediately preceding 12 months.
Leave for a newborn child or for adoption or foster care placement of a child must be complete within twelve months of the birth, adoption or placement. The leave cannot be taken intermittently or on a reduced time basis unless both the department and the individual agree on the schedule of intermittent or reduced leave.
Leave for a serious health condition (for a seriously ill child, spouse or parent or the employee's own condition) may be taken intermittently or on a reduced time basis but only if certified by a health care provider as needed for medical reasons. In such cases, the University may transfer the employee temporarily to an available alternative position that better accommodates the request, provided that the position has equivalent pay and benefits.
Employees are obligated to remain in contact with their supervisors regarding their status during the FMLA leave as frequently as the supervisor deems appropriate and necessary under the circumstances. Employees must keep their supervisors informed about the day they intend to return to work. For employees who are approved for intermittent FMLA leave, such contact must be made every day that the employee intends to use intermittent leave. For employees on approved FMLA leaves that extend more than 30 days, such contact must be made at a minimum of every 30 days. Failure to keep the department updated may result in corrective action.
Pay During FMLA Leave
The Family Medical Leave Act provides for unpaid leave time, and the University requires employees use available paid sick time, personal days and vacation days first for their own serious health condition, to the extent available, before the leave becomes unpaid. The following table indicates the use of paid time during leaves. Paid time is based on scheduled work hours.
Paid Time Required
| Reason for leave | Sick | Personal | Vacation |
|---|---|---|---|
Employee's Own Serious Health Condition |
X | X | X |
Birth of a Child ( Mother) |
X ** | X | X |
Adoption, Foster Care Placement, or Care for newborn (Mother) |
X | X |
|
Adoption, Foster Care Placement, or Birth of a Child (Father ) |
X |
X |
|
Serious Health Condition |
X*** | X | X |
| Workers' Compensation | Optional | Optional | Optional |
* Personal Days can only be used if time is available in an employee's sick bank.
** Sick days until released from physician.
*** Five (5) days off accumulated sick leave is available for family illness.
Any leave time approved as FMLA, whether paid or unpaid, is counted as part of the twelve-week Family and Medical Leave period. Time off for Worker's Compensation is counted as FMLA.
Reinstatement
Before an employee can return from a leave for their own serious health condition, the employee must present a certification from their health care provider that they are fit-for-duty and able to return to work.
An employee returning from an approved Family Medical Leave will be restored to the same position that the employee held when the leave started, or to an equivalent position, with equivalent benefits, pay and other terms and conditions of employment. Any employee who chooses not to return to work upon release by their physician will be considered to have resigned their position effective the last day of the leave.
Extended Medical Leave
Any medical leave beyond the duration of an unpaid FMLA is considered an extended leave. Extended leave is unpaid and is only available for employees on leave due to their own serious health condition. An employee may continue to use any paid sick or vacation time during the extended leave. When an employee goes on an unpaid extended leave, the department may post the employee's position.
Employees returning from an extended unpaid leave are not guaranteed a position. However, they will be considered for any available position for which they are qualified at the time of release to return to work.
An employee who is not released to return to work by a health care provider within one year from the beginning of any medical leave will be separated from the University.
Procedures
Request for Family and Medical Leave
The University contracts with a third party, SHPS, which will be know as the Notre Dame FMLA Service Center, to administer its FMLA program for administrators and staff.
The procedures are as follows:
- To obtain information regarding FMLA leave, employees should contact SHPS at 1-800-778-0055 between 8:00 AM and 8:00 PM Eastern Time.
- Employees should submit completed paperwork by mail or fax to:
Notre Dame FMLA Service Center
P.O. Box 36660
Louisville, KY 40233
Fax (502) 297-5345
- Failure to provide the medical certification within 15 calendar days of the date the employee receives the forms may result in delay or denial of the leave request.
- The Notre Dame FMLA Service Center will contact the employee directly about the status of the leave.
- Employees can view leave status, leave history and apply for subsequent leaves on the internet at https://services.shps.net.
In the event a Family and Medical Leave is required for planned medical treatment, the course of treatment should be scheduled so as not to unduly disrupt the department's operations. Employees should consult with their department prior to arranging appointments so that a schedule can be agreed upon that best suits both employee needs and the needs of the department. If the leave is foreseeable, 30 days prior written notice to the University is required. When the need for leave is not foreseeable, employees must notify their supervisor as soon as possible.
Medical Certification
When a Family and Medical leave is requested because of the employee's own serious health condition, or the serious health condition of a covered relative, appropriate medical certification as requested by the University must be provided in a timely manner. Failure to provide satisfactory medical certification will result in denial of leave until appropriate medical certification is provided.
The University reserves the right to request and obtain a second opinion of a serious health condition from a health care provider at the University's expense.
Medical Certification During Extended Leave
Employees on extended medical leave must provide a medical certification to the department or the Office of Human Resources upon request.
Continuation of Benefits
During the first six months of a leave, an employee's benefits will continue as long as the employee makes his/her normal contributions to such benefits. Benefits funded by the University also continue during this period.
If an employee's leave extends beyond six months, the employee can continue his or her benefits only if he/she pays the full cost of coverage. Other benefits do not continue during this time.
An employee paying full cost of the coverage must make regular monthly payments to the Office of Human Resources no later than the 5th day of each month. Failure to make monthly payments will result in termination of the benefits. If an individual fails to return from a leave, he/she may be required to reimburse the University for medical insurance premiums paid by the University during the leave.
FMLA Tracking Record
Supervisors should complete the FMLA Tracking Record for all paid and unpaid FMLA-qualifying absences, and forward it to the Notre Dame FMLA Service Center.
