Family and Medical Leave Act (FMLA), Compliance With

Scope

Employees

Policy Statement

The University and its employees have all of the rights and responsibilities established by the Family and Medical Leave Act (FMLA) to the extent provided by law. The FMLA provides that an eligible employee is entitled to a total of twelve workweeks of leave during a twelve-month period for one or more of the following reasons:

an employee's own serious health condition that makes the employee unable to perform his or her job (including absences covered by Workers' Compensation, NYS Disability, and paid sick days);
care of a spouse, child, or parent who has a serious health condition; and/or
care of a newborn child or a child placed with the employee for adoption or foster care (within twelve months of the birth or placement).

The University uses a "rolling" twelve-month period measured backward from the date an employee requests FMLA leave to determine an employee's leave entitlement. Employees who are granted FMLA leave will be returned to their previous position, or to an equivalent position upon their return. The same group health benefits will be provided during the leave that were provided before the leave; employees who are responsible for a portion of the required contributions must continue to make those payments. If an employee's portion of the required contribution is more than 30 days late, coverage may be canceled if payment is not received after adequate notice has been provided. FMLA leaves are unpaid except to the extent expressly provided otherwise in this Policy.

Eligibility:

Employees are eligible for FMLA leaves if they have been employed by the University for twelve months and have worked 1250 hours or more during the twelve-month period immediately preceding the leave.

Health Condition:

The FMLA leave related to the serious health condition of an employee or a family member may be scheduled on an intermittent or reduced schedule basis when medically necessary (e.g., to receive recurring physical therapy or chemotherapy treatment). However, an employee taking leave on an intermittent or reduced schedule basis may be temporarily assigned to another position with equivalent pay and benefits that better accommodates the leave.

In the case of leave related to the serious health condition of the employee or a family member, the employee must make a reasonable effort to schedule planned medical treatments so as not to unduly disrupt the operation of the University and, if possible, must request a leave for planned medical treatments at least 30 days in advance, or as close to 30 days as possible. Employees may be asked to provide medical certification of the serious health condition requiring the leave.

When leave is taken because of the serious health condition of the employee or a family member, the employee must (except as may otherwise be required by applicable law):

use as part of the leave any accrued sick time; and
use accrued vacation benefit time to which the employee is otherwise entitled (i.e., use up allowable paid and unpaid leave days concurrently).

Child Care:

In the case of leave related to care of a newborn or child placed with an employee for adoption or foster care, the employee must make the leave request at least 30 days in advance, or as close to 30 days as possible. If both parents work at the University, they are entitled to a combined total of 12 weeks leave in the twelve-month period immediately following the birth or placement of the child.

When leave is taken to care for a newborn or child placed with a staff employee for adoption or foster care, the staff employee must use any accrued paid vacation benefit time to which he or she is otherwise entitled as part of the leave, i.e., must use up allowable paid and unpaid leave days concurrently.

Policy Administration

Human Resources

Date: February 1993

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