Department of Human Resources

FAMILY AND MEDICAL LEAVE ACT (FMLA) POLICY

TABLE OF CONTENTS

Who Should Know
Policy Statement
Reason for Policy`
U of M FMLA Policy
Related Information
Definitions
Responsibilities
Procedures

UNIVERSITY OF MINNESOTA
FAMILY AND MEDICAL (FMLA) LEAVE ACT POLICY
Effective: December 7, 1995

1 Police (LELS)
2 Crafts and Trades Workers (TRADES UMBRELLA CONTRACT)
3 Service Maintenance and Labor (TEAMSTERS LOCAL 320)
4 Health Care non-professional (Local 1164 AFSCME COUNCIL 6)
5 Nurses
6 Clerical and office (Locals 3800 AND 3801 AFSCME COUNCIL 6)
7 Technical (Locals 3937 AND 3801 AFSCME COUNCIL 6)
8 Faculty
9 UMD Faculty (UEA)
10.1 Graduate Assistants
10.2 Academic Undergraduate Student Employees
10.3 Post Baccalaureate Professional Degree Students and Trainees
11 Academic Professional and Administrative
12 Non-instructional professional
13 Non-academic supervisors
Non Assigned Confidential
Non Assigned Managerial

(NOTE: For purposes of the FMLA leave, bargaining unit represented employees are first covered by their contracts.)

POLICY STATMENT

The University of Minnesota provides for a leave under the Family Medical Leave Act (FMLA) for eligible employees and is obligated by federal law to do so when the situation warrants. The Official Language in this policy contains specific information on how this leave is to be applied.

To provide an FMLA leave in accordance with federal regulations.

UNIVERSITY OF MINNESOTA FMLA POLICY

The following FMLA Leave policy for the University of Minnesota is based on federal legislation.

a. Purpose:

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 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.

b. Eligibility:

Employee's are eligible if they have worked at the University for at least 12 months and worked at least 1,250 hours in the 12 months preceding the commencement of the leave. 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:

(1) an employee's own serious health condition

(2) the serious health condition of an employee's immediate family member

(3) caring for a newborn or newly-placed adopted child or foster child

c. Benefits Reinstatement:

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 within 30 days following the leave end date.

d. Benefits/Other Leave Programs:

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.

e. Roles of Responsible Administrators/Supervisors and UMD Department of Human Resources:

UMD Department of Human Resources will provide employees an FMLA Leave Information Packet within two days of an employee requesting a leave qualifying under FMLA or immediately if the employee is placed on an FMLA leave without a specific request. The FMLA leave information packet contains all necessary forms and provides the specific obligations and expectations of an FMLA leave and any consequences of failure to meet the obligations.

The FMLA 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. Departmental administrators and/or supervisors are responsible for keeping this payroll information on FMLA leave and ensuring that electronic systems are kept accurate and up to date.

UMD FACULTY OFFICIAL LANGUAGE (UEA)

(Excerpted from the Agreement between the Regents of the University of Minnesota and the University Education Association, July 1, 2006 - June 30, 2009)

604.400 Family and Personal Leaves Without Pay

604.410 Eligibility.

This Section 604.400 applies to all Members in accordance with the Employer's guidelines as stated at www.d.umn.edu/umdhr/fmla/ueacontract.htm except as may be modified by this agreement.

604.420 Coverage.

Upon request, a Member is entitled to a leave of absence without salary for up to twelve months following the birth or adoption of a child or in the case of a child, spouse, parent, parent-in-law, or other dependent as defined in the Internal Revenue Service Code with a serious health problem. A Member is entitled under the same circumstances to an additional unpaid leave of up to twelve months unless the Senior Vice President for Academic Affairs determines after consultation with the Member and h/her Principal Administrator that the leave will create substantial and exceptional hardships for students and other faculty. Except in the case of unforeseen circumstances, a Member requesting leave under this section 604.400 should make the request to the head or chair of h/her department or division at least four months prior to the expected beginning date of the leave. This leave may begin immediately following a disability leave related to childbirth or at the end of a parenthood leave. A Principal Administrator and the Member may agree to shorten or lengthen the duration of the leave or to make the leave part-time.

SERVICE AND MAINTENANCE EMPLOYEES

Article 19, Section 19.6

An EMPLOYEE shall be granted up to twelve weeks unpaid leave for eligible leave requests as provided in the Family and Medical Leave Act. During the period of the leave, the employer shall continue to make the employer's contribution to the employee's health insurance as though the employee were on payroll.

RELATED INFORMATION

a. Information Packets:

Copies of the information packet may be requested from the UMD Department of Human Resources, 726-6520

b. Other Policy Sources:

Specific contract, policy, or rule language pertaining to leaves for an employee. Refer to those that are applicable to the specific employee group.

c. Statutes:

29 U.S.C. Sec. 2601 et. seq. Also relevant are federal regulations issued by the U.S. Department of Labor.

DEFINITIONS

a. 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".

b. 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.

c. Employee's Spouse

The University defines the term domestic partner as referring to two persons of the same gender, age 18 or older, who are unrelated by blood closer than permitted by the state of Minnesota marriage laws. The persons declare that they are each other’s sole domestic partner and that they are responsible for each other’s welfare. This definition is intended to cover same-sex relationships – people who are partners and not roommates. Domestic partnership is defined as two individuals of the same gender who are in a committed relationship of an indefinite duration, who support each other, and whose relationship resembles a mutually exclusive partnership as that of marriage.

d. 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.

e. 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: (1) 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 (2) 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 (a) 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; (b) Continues over an extended period of time (including recurring episodes of a single underlying condition); and (c) 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

a. Faculty/Staff

(1) Must give the department and the Department of Human Resources at least 30 days notice of the leave, whenever possible.

(2) Must attempt to schedule a foreseeable leave so as not to unduly disrupt the department's operation.

(3) Must, in the case of unexpected disability, make a request as soon as practical.

(4) Must, obtain needed medical certification to support any FMLA leave.

b. Responsible Administrators/Supervisors

(1) Notify UMD Department of Human Resources of any impending employee FMLAleave that they are made aware of.

(2) Keep appropriate payroll documentations (as indicated in Procedures).

c. Office of Human Resources

(1) Administer FMLA leaves and maintain appropriate documentation.

(2) Inform employees of FMLA leave requirements.

PROCEDURES

a. Leave Requests

Eligible employees interested in FMLA should:

(1) Request FMLA Information Packet from UMD Department of Human Resources with 30-day advance notice (if the leave is “foreseeable”).

(2) Complete the Release of Employee Information form and forward it, along with the signed Certification of Health Care Provider form, to the health care provider for completion.

(3) Ensure that both forms are returned to UMD Department of Human Resources.

b. Timing of Leaves

Eligible employees may request up to 12 weeks of 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.

c. Response to Leave Requests

Supervisors should:

(1) Direct the employee to request the FMLA Leave Information Packet as soon as the need for FMLA leave is known.

(2) Complete necessary payroll activities and keep necessary records to document time taken off for FMLA leave.

(3) Maintain appropriate documentation on payroll and time taken off for FMLA leave.

d. Placing Employee on FMLA Leave Without Specific Request

Supervisors should:

(1) Notify UMD Department of Human Resources that the employee is being placed on an FMLA leave when appropriate. UMD Department of Human Resources will provide them with the FMLA Leave Information Packet immediately.

(2) Inform the employee how their accrued sick leave and vacation time will be used: An employee is required to use concurrently with the FMLA leave, the following paid leaves in the order listed:

(a) sick leave available for use, as defined by the contract, rule or policy governing the reason for the leave, followed by
(b) vacation leave, in excess of 10 days, to which the employee is entitled

Employees should:

(1) Complete the Release of Employee Information form and forward it, with the signed Certification of Health Care Provider form, to the health care provider for completion.

(2) Ensure that both forms are completed and returned to UMD Department of Human Resources.

e. Document Process Instructions

(1) Leave Documentation: Department administrators and/or supervisors should record use of paid and unpaid FMLA leave as usual on the VSL computerized or hard copy vacation/sick leave record.

(2) Document Process: Paid and unpaid leave is to be documented within Human Resource Management System (HRMS).

Adopted October 1993
Revised August 1996
Reviewed June 2000
Revised January 2005
Revised January 2007

Adapted from the University materials distributed by the University of Minnesota, Office of Human Resources, and updated by the University of Minnesota Duluth, Department of Human Resources, January 1996.