Family and Medical Leave (FMLA) - Faculty

Process for Faculty

Eligibility

In order to qualify to take family and medical leave under this policy, the faculty member must meet both of the following conditions:

The faculty member must have worked for the institution at least 12 months, or 52 weeks. The 12 months (or 52 weeks) need not have been consecutive.
The faculty member must have worked at least 1,250 hours during the 12-month period immediately preceding the date the leave would begin.

Type of Leave Covered

Basic Leave Entitlement

for incapacity due to pregnancy, prenatal medical care or child birth;
to care for the faculty member’s child after birth, or placement for adoption or foster care;
to care for the faculty member’s spouse, domestic partner, son, daughter or parent, who has a serious health condition;
for a serious health condition that makes the faculty member unable to perform the his/her job.

Employee Rights Under the FMLA

Military Family Leave Entitlements

Eligible employees whose spouse, son, daughter or parent is on covered active duty or call to covered active duty status may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is:(1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness*; or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.*

*The FMLA definitions of “serious injury or illness” for current service members and veterans are distinct from the FMLA definition of “serious health condition”.

Ordinarily, FMLA leave will run concurrently with any applicable paid leave to which the faculty member may be entitled. Staff members who work less than 100 percent of a full work schedule will have their leave eligibility prorated to reflect their actual work schedule (i.e. a staff member who normally works 3 days per week will be eligible for up to 12 weeks based on the number of hours typically worked during those three days). The institution will measure the twelve (12) month period as a rolling twelve months measured backwards from the date the faculty member’s FMLA leave is to begin. Note that in the case of leave in connection with the birth, adoption or foster care placement of a child, or for the care of a parent with a serious health condition, where spouses or same sex domestic partners are employed by the University the spouses or same sex domestic partners are entitled to a combined total of 12 weeks’ FMLA leave for these reasons.

Job and Benefits Protection

Generally, an employee who takes leave is entitled to be reinstated to his or her previous position or an equivalent position with equivalent benefits, pay and other terms and conditions of employment. An "equivalent position" is one with the same pay, benefits, and working conditions, including privileges, prerequisites, and status, in the same geographical area. An employee is entitled to be returned to the same shift or an equivalent schedule, and have the same opportunity for bonuses, profit sharing, and other non-discretionary pay.

Under the "key" employee exception, the institution does not have to guarantee job restoration if the employee is a salaried employee who is one of the highest paid 10% of all employees within 75 miles of the worksite and job restoration for that employee will cause "substantial and grievous" economic injury to the operations of the institution.

FMLA leave can be either compensated or unpaid. During an FMLA leave, employees must utilize their sick time and short-term disability benefits if the leave is covering their own serious health condition. After all sick and short-term disability benefits are used, all accrued vacation and personal time will be applied. If the employee utilizing FMLA leave is out to care for the faculty member’s spouse, child, or own parent who has a serious health condition all accrued vacation and personal time will be applied in conjunction with this leave. Any leave that is not covered by compensable time, will not be paid.

Parental Leave

Please refer to the Faculty Parental Leave Policy.