Department of Human Resources

EMPLOYEE RESPONSIBILITIES DURING FAMILY AND MEDICAL LEAVE

***Eligible employees are entitled to up to a total of 12 workweeks per fiscal year of Family and/or Medical leave. Any Family or Medical leave you take is counted in this total.

Medical Certification:

If you take medical leave for your own serious health condition or to care for the serious health condition of your child, spouse or parent, you are required to submit a medical certification from a health care provider:
* The initial medical certification will be due 15 calendar days after the request for medical leave.
* A medical certification supporting the leave may be required every 30 days.

If you do not provide the medical certification as requested, leave may be denied until it is provided.

At its discretion, the University may require a second independent medical opinion. This will be at the employer's expense. If the medical opinion sought by the employer differs from the medical certification from your health care provider, the employer may, at its own expense, require the opinion of a third health care provider chosen by you and the Director of the UMD Department of Human Resources. The third opinion will be binding.

If you take family leave for the birth or adoption or placement in your home of a foster child you will be required to provide certification of birth, adoption or foster care placement.

Relationship to Paid Leave:

You will be 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, followed by (2) vacation leave, in excess of 10 days, to which you are entitled. If you are eligible for paid disability leave of your illness or disability, you may use paid disability leave during any portion of your Family or Medical leave.

Insurance Coverage:

During your Family or Medical leave, the University will pay its share of the health care coverage it provides. You are to pay your portion to maintain your coverage.

If you normally pay a portion of the premiums for your health insurance, these payments will continue during the period of FMLA leave. While on paid leave, your premiums will continue to be paid through payroll deduction. If at any time your leave is unpaid, Employee Benefits will bill you directly for your contribution toward the premiums. (Contact the Employee Benefits office at 1-800-756-2363 for details of how to pay for this coverage during any unpaid leave time.)

You have a 30-day grace period in which to make premium payments. If timely payment is not made, your group health insurance may be canceled; Employee Benefits will notify you in writing at least 15 days before the date that your health coverage will lapse.

If you have life and disability coverage, these benefits may be continued during the period of FMLA leave. While on paid leave, your premiums will continue to be paid through payroll deduction. If at any time your leave is unpaid, Employee Benefits will bill you directly for your premium payment. Premiums will be due no later than the end of each pay period.

If you do not return to work following approved FMLA leave for a reason other than: (1) the continuation, recurrence, or onset of a serious health condition which would entitle you to FMLA leave; or (2) other circumstances beyond your control, you may be required to reimburse the University for its share of health insurance premiums paid on your behalf during your FMLA leave. It is expected that you would return to work at the conclusion of your FMLA leave unless other approved arrangements are made with your responsible administrator/supervisor.

"Fitness for Duty" Certification:

If you take Medical leave for your own serious health condition, the University will follow current policies and contracts in requiring medical certification from your health care provider that you may return to duty before you actually return to work. In this case, you will not be reinstated to your position until you submit the medical certification.

Restoration:

At the end of your leave, you will be reinstated to your former position or, if it is not available, to a position that has equivalent benefits, pay and other terms or conditions of employment.

You will retain all of the employment benefits which you accrued before your leave.

Restoration for Key Employees:

If you are among the highest paid 10% of employees in the organization, you are considered a "key employee." Key employees may be denied restoration if the organization determines that it would cause substantial and grievous economic injury to the operations of the organization. You will be notified in writing if this is the case and advised of your rights concerning health care coverage and any related issues.

Additional Information:

If the circumstances of your leave change and you are able to return to work earlier than the date you indicated, you should notify us at least two (2) work days prior to the date you intend to report for work; otherwise your return to work date may be delayed.

If you have questions about your rights and responsibilities, please contact UMD Department of Human Resources at 726-6520.

***Eligibility: Employees are eligible if they have worked for a covered employer for at least one year, and for 1,250 hours over the previous 12 months.