FMLA OVERVIEW AND INSTRUCTIONS

WHAT IS FMLA The Family and Medical Leave Act (FMLA) provides qualified employees with up to 12 weeks of unpaid, job-protected leave per rolling calendar year. It also requires that their group health benefits be maintained during the leave. FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons.

Am I a Qualified Employee? To be eligible for FMLA leave, an employee must have been employed by the University full time for at least 12 months prior to the leave. The employee must have worked for the University a minimum of 1,250 hours during the 12 months prior to the leave of absence.

What Is a Qualifying Event? the birth of the employee’s child or placement of a child through adoption or foster care. the serious health condition of a spouse, a dependent son or daughter, or parent of the employee. a serious health condition of the employee, which makes it impossible for that employee to perform the essential functions of his/her job.

Military Family and Medical Leave An employee is eligible for Military FMLA in the event of: qualifying exigencies arising out of the fact that the employee’s spouse, child, or parent is either on active duty in the Armed Forces or is on call to active duty status as a member of the National Guard or Reserves in support of a contingency operation the serious injury or illness of an employee’s spouse, son, daughter, parent or next of kin, whom is a current member of the Armed Forces, including the National Guard and Reserves, and for whom the serious injury or illness was incurred in the line of duty while on active duty. All eligible University employees may be granted up to twenty-six (26) unpaid weeks of leave during any rolling twelve (12) month period in this situation.

What is the Definition of a Serious Health Condition Under FMLA? When the employee or employee's family member is experiencing one of the following situations: Inpatient (hospital) care, including any period of incapacity after inpatient care, or Continuing treatment by a health care provider that includes one or more of the following: a period of incapacity of more than three consecutive calendar days, and any subsequent treatment or period of incapacity that involves actual treatment by a health-care provider of two or more visits, or one visit plus a regimen of continuing treatment; any period of incapacity due to pregnancy or for pre-natal care; any period of incapacity or treatment for incapacity due to a chronic serious health condition that causes periodic visits for treatment, continues over an extended period of time, and may cause episodic rather than continuing incapacity; a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective; or absences related to treatment for surgery after an injury, or any other condition that would likely result in incapacity absent medical intervention.

How Do I Apply for FMLA LEAVE? Employee (if available) needs to Complete the FMLA Request form prior to the begin date of the leave. If the leave is foreseeable, please submit your request 30 days before your first day of absence. Supervisor needs to complete an Employee Record Form Effective Date, Employee Name, SS # "From" Column completed in full To" Column, only items that are changing (Regular to FMLA status). Comments section: Indicate what type of leave as well as expected return date. Employee needs to forward the applicable Certification of Healthcare provider form to their physician. Because this contains confidential information, the completed form must be sent directly to the Human Resources Department in St. Louis. (FAX (314) 968-6909)

While You Are Out Employees who have accrued sick, vacation, or personal time, are required to use that time during their leave. It the employee fails to return to work for at least 30 days after the leave is completed, the employee will be responsible for repayment of the portion of the benefit premiums which were paid by the University. Enter your time as sick time in ADP. If you run out of sick time, you may use vacation and then personal time. If you are unable to enter your time in ADP, please make sure your eTime supervisor enters this time for you correctly.

Returning From FMLA The employees supervisor must complete an Employee Record Form to change employee status from Leave of Absence to Regular (or termination if employee will not return). Effective Date, Employee Name, SS # "From" Column "To" Column, complete items that are changing. Comments section: indicate "Return from FMLA“ Employees who are on leave due to his or her own serious health condition must submit a Doctor’s Return to Work Certification to the Human Resources Department on or before their return.

If you have any questions regarding FMLA Leave, please contact: Paula Eschmann Benefits Specialist (314) 968-6961 paulaeschmann91@webster.edu