1. Risk Management Initiative:
Family and Medical Leave Act and University Paid Parental Leave Module
Office of the Vice President for Ethics and Compliance
Office of the Vice President for Human Resources
Welcome to the Family and Medical Leave Act and University Paid Parental Leave Module offered by the Office of the Vice President for Ethics and Compliance in conjunction with the Office of the Vice President for Human Resources as a part of the Risk Management Initiative. Please feel free to pause this module at any time to review the slide content.
Let’s begin with our learning objectives for this module.

2. Learning Objectives Family and Medical Leave Act (FMLA)
Describe the basic provisions of the University’s policy
Define who is eligible
State examples of serious health conditions
Understand medical certification requirements
Family and Medical Leave Act (FMLA)
Explain the general provisions of the University’s policy
Paid Parental Leave (PPL)
By the end of the session you will be able to describe the general provisions of Purdue’s policy on the Family and Medical Leave Act, which hereafter may be referred to as FMLA. This includes the ability to define who is eligible for FMLA, state examples of FMLA defined serious health conditions and understand the medical certification requirements.
In addition you will be able to explain the general provisions of Purdue’s policy on Paid Parental Leave, hereafter referred to as PPL; this includes the ability to define who is eligible for PPL.
Let’s begin by discussing the general provisions of the FMLA.

3. What are the general FMLA provisions?
Provides 12-weeks unpaid leave of absence for eligible employees for the following reasons:
Serious health condition
Employee’s own
Spouse or same sex domestic partner’s
Parent’s
Child’s
Under age 18
Age 18 or older with a disability defined under ADA and incapable of self-care
Birth, adoption, or foster care placement of a child
Qualifying need arising from the employee’s family member’s status as a covered servicemember on active duty or called to active duty status
FMLA is a Federal law that allows for an unpaid leave of absence for eligible employees for several different reasons.
The first reason is for a serious health condition that is either the employee’s own, the employee’s spouse’s, a parent’s or a child’s condition as certified by a Health Care Provider. A child is considered under age 18 or an adult child 18 or older with a disability defined under ADA and incapable of self-care. We’ll cover more on medical certification later on in this module. FMLA requested for an employee’s own serious health condition must be due to the employee’s inability to perform the essential functions of his orher job. In addition, note that the FMLA does not cover same sex domestic partners. However, the University’s policy goes above and beyond the law to cover same sex domestic partners.
An eligible individual may also take FMLA for the birth or adoption of his or her child, which includes foster care placement.
Additionally, eligible employees may take FMLA designated leave for a qualifying need arising from the employee’s family member’s status as a covered servicemember. A covered servicemember in this case is an individual in the regular Armed Forces, National Guard or Reserves and is on active duty or called to active duty status in support of a contingency operation.
Some examples of a qualifying need include short-notice, deployment, military events and activities, child care and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, additional activities to address other events that arise out of the Covered Military Member's Covered Active Duty or call to Covered Active Duty status, provided the University and Eligible Employee agree that such leave is a Qualifying Exigency and agree to both the timing and duration of such leave.

4. FMLA Provisions (continued)
Provides 26-week unpaid leave of absence for eligible employees to care for a covered servicemember with a serious illness or injury incurred in the line of duty on active duty
In addition to FMLA designated leave for circumstances surrounding a deployment discussed in the previous slide, FMLA provides for military caregiver or covered servicemember leave. The University will grant an eligible employee 26 workweeks of leave to care for a Covered Servicemember with a serious illness or injury incurred in the line of duty on active duty, if the employee is the Spouse, Domestic Partner, Child, Parent, or Next of Kin of the Covered Servicemember.

5. FMLA Provisions (continued)
Provides job protection
Restore job or place in equivalent job
No adverse employment action or retaliation
Is unpaid leave
University policy requires the use of paid leave time
Maintenance of health insurance
Employees required to pay their share of premium
FMLA also provides job protections including job restoration or placement in an equivalent job with equivalent pay, benefits, and other terms and conditions upon return from FMLA designated leave. In addition, FMLA provides for protection against adverse employment action or retaliation for the use of FMLA designated leave.
The University requires the coordination of FMLA leave with other University leaves such as worker’s compensation, paid sick leave, paid vacation leave, paid personal business days or personal holidays and paid parental leave as applicable. Most often, these leaves will run concurrently with FMLA leave and can operate to provide the employees with income during their leave.
Employees must pay their portion of group health insurance premiums while on unpaid FMLA leave. The University will continue to pay its share of the cost of an Eligible Employee's group health insurance during FMLA leave, unless the employee notifies the University in writing to cancel coverage.

6. How much leave is granted under FMLA?
12 or 26 workweeks per rolling 12-month period
May not exceed 26 workweeks total
Shared leave when both spouses or partners are employed at Purdue
Intermittent leave or reduced schedule leave
Eligible employees may use up to 12 weeks of unpaid leave per rolling 12-month period. The rolling 12-month period is the 12-month period preceding the date FMLA leave commences. As a note, you may not exceed 26 workweeks of FMLA designated leave. For example, an individual could not take 12 weeks for their own serious medical condition and then an additional 26 weeks to care for a next-of-kin covered servicemember; the individual would only be eligible for 26 weeks total.
When both spouses or partners are employed at Purdue they share 12 workweeks of FMLA designated leave for the birth, adoption, or foster placement of a child, bonding with a child or caring for the employee’s parent with a serious health condition. For example if the birth mother and the father both work at Purdue, the birth mother may choose to take 10 weeks of FMLA designated leave which would leave the father with 2 weeks of FMLA designated leave eligibility.
Eligible employees may take intermittent or reduced schedule leave. Intermittent leave is leave taken in separate blocks of time due to a single qualifying reason. Reduced schedule leave is leave that reduces an eligible employee’s usual number of working hours per workweek or hours per workday.

7. Who is eligible for FMLA?
An employee is eligible for FMLA leave when the individual has:
Been employed by the University for at least 12 months
Worked at least 1,250 hours during the 12 months preceding the start of FMLA leave
AND
There are two parts to FMLA eligibility. First, an individual must be employed by the University for at least 12 months, consecutively or non-consecutively. In considering non-consecutive periods of service, all the time the individual was employed by the University counts towards meeting the 12 month minimum requirement so long as the gap between periods of employment at Purdue is no longer than 7 years.
For example, Sally works for Purdue for 6 months in 2009 and leaves for another job opportunity. She returns to Purdue as an employee 4 years later in The 6 months she worked in 2009 count towards meeting the 12 month requirement for FMLA. She would only have to work an additional 6 months to meet the 12 month requirement.
The second FMLA eligibility requirement is that an individual must have worked for the University for at least 1250 hours during the 12 months preceding the start of FMLA leave. The 1250 hours excludes any paid leave such as vacation or University-designated holidays.

8. What is a serious health condition?
Illness, injury or physical or mental condition that:
Involves in-patient care or
Continuing treatment by a health care provider that includes period of incapacity
Previously we defined the scenarios under which an eligible employee could take FMLA leave. Relevant to those scenarios is the definition of a serious health condition. A serious health condition is an illness, injury or physical or mental condition that involves in-patient care or continuing treatment by a health care provider that includes a period of incapacity. Incapacity is defined as the inability to work, attend school, or perform other daily regular activities due to the serious health condition and related treatment and recovery. We will further define what constitutes in-patient care and continuing treatment in the coming slides.

9. Serious Health Condition – Inpatient Care
An overnight stay in a hospital, hospice, or residential medical facility
Includes any related incapacity or subsequent treatment
Inpatient care is defined as an overnight stay in a hospital, hospice, or residential medical care facility, including any period of incapacity due to the serious health condition, treatment of the condition or recovery from the condition as well as any subsequent treatment.

10. Serious Health Condition – Continuing Treatment
Continuing Treatment by a Health Care Provider due to:
Incapacity Plus Treatment
Pregnancy
Chronic Conditions
Permanent/Long-term Conditions
Absence to Receive Multiple Treatments
A serious health condition that is considered continuing treatment by a health care provider is defined as incapacity plus treatment, pregnancy, chronic conditions, permanent and/or long-term conditions, and absence to receive multiple treatments. Let’s discuss each of these individually.

11. Continuing Treatment – Incapacity Plus Treatment
Incapacity of more than three consecutive, full calendar days that involves either:
Two treatments
first in-person visit within seven days
both visits within 30 days of first day of incapacity
One treatment
in-person visit within seven days
regimen of continuing treatment
e.g., prescription medication
Incapacity plus treatment would be considered a period of three consecutive days of incapacity with the first visit to the health care provider within seven days of the onset of incapacity and a second visit within 30 days of the incapacity. In addition, it includes treatment one time by a health care provider in-person within seven days with a regimen of continuing treatment such as prescription medication, physical therapy, et cetera.
This generally does not cover illnesses such as the common cold, flu, ear aches, upset stomach and routine dental or orthodontia problems.

12. Continuing Treatment- Pregnancy
Incapacity due to pregnancy or prenatal care
Continuing treatment also includes any period of incapacity due to pregnancy or prenatal care. This may include the inability to report to work due to severe morning sickness.

13. Continuing Treatment – Chronic Conditions
Any period of incapacity or treatment due to a chronic serious health condition, which is defined as a condition that:
requires periodic visits to a health care provider for treatment
continues over an extended period of time
may cause episodic rather than continuing periods of incapacity
e.g., asthma, diabetes, epilepsy, migraines
Chronic conditions also fall under continuing treatment. This includes any period of incapacity or treatment due to a chronic serious health condition which requires at least two visits per year for treatment by a health care provider, continues over an extended period of time, or may cause episodic rather than continuing period of incapacity as in asthma, diabetes, epilepsy or migraines.

14. Continuing Treatment – Permanent/Long-Term Conditions
A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective
e.g., Alzheimer’s, severe stroke, terminal stages of a disease
Permanent or long-term conditions such as Alzheimer’s, severe stroke or terminal stages of a disease are considered continuing treatment under FMLA.

15. Continuing Treatment- Absence to Receive Multiple Treatments
For restorative surgery after an accident or other injury, or
For conditions that, if left untreated, would likely result in incapacity of more than three consecutive days
e.g, cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis)
Restorative surgery after an accident or other injury as well as conditions that, if left untreated, would result in incapacity of more than three consecutive full calendar days would fall under the category of absence to receive multiple treatments. For example, chemotherapy or radiation, physical therapy or dialysis.

16. Medical Certification of Serious Health Condition
Within 5 days of a request for FMLA leave Purdue may require supporting health care provider certification.
Certification includes:
Health care provider contact information
The starting date and expected duration
Medical facts
A statement of the need for time off
Information on the ability to perform essential functions
FMLA allows employers, such as Purdue, to require employees to submit certification of the need for FMLA leave. This certification is required when leave is needed for either the employee’s own or a covered family member’s serious health condition or to care for a covered servicemember.
Specifically, within 5 days of an employee’s request for FMLA leave, the University may require that a request is supported by a health care provider’s certification of the health condition of the person affected. The University may also request certification related to servicemember caregiver leave.
The employee is responsible for ensuring that the appropriate certification is submitted to the Leaves Office. The Leaves Office is responsible for reviewing the medical certification documentation to ensure that it contains all of the necessary information and that the requested leave is covered by the FMLA.

17. Medical Certification Documentation
Standard forms available from Leaves Office
In most cases, employees must return form within 15 days
Certification may be required for family military leave
Medical certification forms are available from the University Leaves Office and are also available online. In most cases, the employee must return the completed medical certification within a reasonable time, which the regulations state is 15 days, unless there are unusual circumstances. The University may delay the scheduled leave where the medical certification is not returned within the required time allotment. In cases where the employee fails or refuses to return a certification without good cause, the leave need not be treated as authorized under FMLA.
The Department of Labor has also issued a certification form we may use for requests for family military leave for qualifying reasons. Documentation can be required to support this leave, such as a copy of active duty orders, meeting announcements, documents confirming meetings with a counselor or school official, or a bill for legal services or financial affairs.

18. Medical Certification Clarification
If the certification is incomplete, more information may be requested:
University Leaves Office may contact the health care provider
Clarification within seven calendar days
Privacy requirements must be met
The University may contact the health care provider for clarification or authentication of the certification. This must be done by an HR professional, a management official, leave administrator, or health care provider and not by the employee’s immediate supervisor. If the certification is incomplete, the University can inform the employee in writing, specifying what information is still needed. The employee then has 7 calendar days to correct the deficiencies. There are other privacy requirements regarding medical information that must be met.

19. Medical Certification – 2nd and 3rd Opinions
Leaves Office may request an independent medical examination
University may also request a third opinion
Third opinion is binding and final
University will pay for these opinions
May be requested whether the patient is the employee or a family member
A second opinion may be required whenever there is reason to doubt the validity of the original certification. The University is able to require an independent second opinion from a health care provider of the University’s choosing. This health care provider must not be someone employed on a regular basis by the University.
When the second opinion differs from the first, the University may require the employee to obtain a third opinion. The health care provider for the third opinion is also allowed to be someone designated or approved by the University as long as the employee consents to the designated provider.
The third opinion is considered to be final and binding on both the company and the employee. It overrules earlier opinions. Second and third opinions should only be requested after consultation with human resources.
The second- and third-opinion exams are conducted at the University’s expense and can be requested whether the patient is the employee or a family member. There is an exception to this, however. The University cannot request second or third opinions when the FMLA is taken to provide care for a servicemember who is recovering from an illness or injury suffered while on active duty.
Now that we’ve covered FMLA, let’s move on to discuss Paid Parental Leave.

20. What is Paid Parental Leave (PPL)?
Purdue policy providing parents paid leave due to birth or adoption of a child
No adverse employment action or retaliation for using PPL
Runs concurrently with FMLA
PPL is a Purdue policy providing parents paid leave due to the birth or adoption of a child. This provides additional flexibility and time to bond with a new child as well as the ability to adjust to the new family situation. In addition, PPL provides the opportunity to balance professional obligations.
As with FMLA, the use of PPL will not be considered as a negative factor in employment actions, such as hiring, promotions, and disciplinary actions, or under attendance policies.
PPL runs concurrently with FMLA designated leave.

21. PPL Provisions
If foreseeable, a 30-day notice to supervisor is expected
Supporting documentation must be submitted after the birth or adoption
Legal documentation establishing adoption
Birth certificate or legal document establishing paternity
If foreseeable, a verbal 30-day notice to the supervisor is expected so that workload issues may be dealt with proactively and excessive work demands are not placed on other faculty and staff. Delays in notification might impact payroll and the department’s ability to accommodate intermittent, reduced schedule and flexible PPL.
The University generally requests that supporting documentation be submitted after the birth or adoption. Documentation includes legal documentation establishing adoption or a birth certificate or legal document establishing paternity. Please note that if the employee is eligible for FMLA, then the medical certification/adoption requirements for FMLA will govern.

22. Who is eligible for PPL? All benefits-eligible employees including:
Faculty or Staff
Graduate Staff
Post-Doc
Must be employed a minimum of 12 continuous months, half-time or more at the time of birth or adoption
All benefits-eligible employees who have been employed a minimum of 12 continuous months, half-time or more at the time of the birth or adoption of the child are eligible. This includes faculty, staff, graduate-staff, and post-doctoral students. The policy also applies to individuals in same-sex domestic partnerships. Employees who do not meet the 12-month continuous employment policy criteria at the time of a birth or adoption are not eligible for PPL in connection to that birth or adoption.

23. PPL Allowances Time is based on CUL. 100% CUL allowance is:
240 hours (6 weeks) for all eligible employees
Must be used within the first 12 months following birth, adoption or placement of child
PPL must be used within the first 12 months following birth, adoption or placement of the child. Allowances are based on Capacity Utilization Level or CUL. An eligible employee who is 100 percent full-time equivalency is eligible for 240 hours or 6 weeks of PPL. An eligible employee who is at 75% CUL would be eligible for 180 hours.

24. How may time be used? Continuous Leave Intermittent Leave
Reduced Schedule
May combine with other leave
Note: Intermittent/reduced schedule leave requires supervisory approval.
PPL may be used as continuous leave immediately following the birth or adoption of a child. PPL may also be used intermittently in separate blocks of time or to work a reduced schedule reducing the number of work hours per day or per week. Intermittent or reduced schedule leave may not be taken in increments of less than one hour and are subject to supervisory approval whereas continuous leave, so long as the individual is eligible, must be granted. PPL may be combined with other leave such as sick leave, paid vacation, personal business days or personal holidays. Individuals using PPL should make reasonable effort not to unduly disrupt University operations.

25. Summary Family and Medical Leave Act (FMLA) Paid Parental Leave (PPL)
Federal law requiring employers to:
Grant up to 12 weeks of unpaid leave, 26 weeks under some conditions, for family and medical circumstances
Reinstate employees in the same or equivalent position
Eligible when employed by the University at least 12 months and worked at least 1250 hours during the 12 months preceding the start of leave
Some circumstances require medical certification by a Health Care Provider
Paid Parental Leave (PPL)
University Policy that provides parents flexibility and time off to bond with their new child
Must be used within the first 12 months following birth or adoption
Eligible when employed for one continuous year on at least a half-time basis in a benefits-eligible position
Runs concurrently with FMLA
We’ve covered the provisions of the Family and Medical Leave Act and the Paid Parental Leave policy. In summary, FMLA is a federal law that requires employers to grant up to 12 weeks of leave, under some conditions up to 26 weeks of unpaid leave, for family and medical circumstances and to reinstate the employee in the same or an equivalent position upon conclusion of the leave. An employee is eligible for FMLA when he or she has been employed by the University for at least 12 months and has worked for the University for at least 1250 hours during the 12 months preceding the start of FMLA leave. The University requires FMLA leave certification for the employee’s own serious health condition, a family member’s serious health condition, a qualifying exigency for military family leave and for the serious injury or illness of the covered servicemember for military family leave.
Paid parental leave is a University Policy that is provided to give parents flexibility and time off work to bond with their new child. PPL benefits are provided to an eligible employee during the first 12 months following a birth or adoption. Eligible employees are benefit-eligible employees and post-docs that have been employed for at least one continuous year on at least a half-time basis. PPL runs concurrently with FMLA.

26. Risk Management Employment Claims Initiative
Conclusion
Risk Management Employment Claims Initiative
If you have any questions regarding this training please contact
NOTE: Please be sure to contact to obtain an accessible certification quiz in order to obtain credit for completion.
Thank you!
This concludes the Family and Medical Leave Act and University Paid Parental Leaves Module. As a reminder, there are additional tools and resources on the Risk Management Initiative website. For questions about this training, please contact NOTE: Please be sure to contact to obtain an accessible certification quiz in order to obtain credit for completion. Thank you for your time and consideration.