1. UI Faculty Leave Policies: Self and Family Jan Gorman, Director HR Faculty/Staff Disability Services Lori Cranston, HR Manager Provost HR June 15, 2006

2. Leave Policies FMLA FMLA Biological Birth and Recovery Biological Birth and Recovery Adoption Adoption Foster Care Foster Care

3. FMLA Requires employers to designate qualifying leave as FMLA. Requires employers to designate qualifying leave as FMLA. FMLA covers several types of events that when eligible include, FMLA covers several types of events that when eligible include, –faculty member’s illness, –family member’s illness, and –child’s entry in the home.

4. Implementation No faculty employee is required to request “FMLA Leave” No faculty employee is required to request “FMLA Leave” The department must determine whether FMLA applies and give written notice to faculty member The department must determine whether FMLA applies and give written notice to faculty member

5. FMLA: Objective Authorized leave without ramification Authorized leave without ramification

6. FMLA Benefit Absence is protected Absence is protected –Employer must grant the leave –Faculty return to his/her position or equivalent with same benefit –Health insurance is maintained during any period of unpaid leave

7. FMLA: Faculty Eligibility Must have worked for the UI an aggregate of 12 months in any paid capacity Must have worked for the UI an aggregate of 12 months in any paid capacity Must have worked at least 1,250 actual hours during the preceding 12 months Must have worked at least 1,250 actual hours during the preceding 12 months

8. FMLA: Determining Eligibility 9-month appointment: 9-month appointment: –Hours worked in most recent 12 months (spring and fall semesters) (spring and fall semesters) –Plus summer appointment hours –Less hours charged to absences 12-month appointment: 12-month appointment: –Hours worked in most recent 12 months –Less hours charged to absences

9. FMLA: Amount of Leave Available 12 weeks each calendar year for each eligible faculty member 12 weeks each calendar year for each eligible faculty member –Reduced by FMLA leave used for Child’s Entry to the Home

10. FMLA: Type of Leave Available Continuous or intermittent leave (Intermittent must be arranged with employer) Continuous or intermittent leave (Intermittent must be arranged with employer) Examples: Examples: –12 weeks of continuous leave –Intermittent days/hours for recovery or treatment that requires teaching absence –Reduced work schedule –Possible reduction of effort allocation

11. Care for Spouse, Child or Parent Care and psychological comfort Care and psychological comfort Biological parent or one who functioned as parent Biological parent or one who functioned as parent Biological/foster/step child Biological/foster/step child Excludes in-laws, grandparents, most adult children Excludes in-laws, grandparents, most adult children

12. Employee’s Serious or Chronic Health Condition Inpatient care or Inpatient care or Absence of more than three consecutive days and medical treatment or Absence of more than three consecutive days and medical treatment or Intermittent absences/chronic condition Intermittent absences/chronic condition –periodic visits –extended period –episodic/intermittent/reduced schedule

13. FMLA: Pay Status During Leave FMLA is unpaid leave FMLA is unpaid leave The University implements benefit leave policies concurrently with FMLA The University implements benefit leave policies concurrently with FMLA

14. Documentation: Health Certification Departments should obtain health certification (Use Form) Departments should obtain health certification (Use Form) –Explains medical need for leave. –Explains type of leave event-family, self –Duration of leave. –Frequency of absences (intermittent). (Use Health Certification Guidelines)

15. Documentation: Release to Work Release to work is required for absences of 10 consecutive days or more (use form). Release to work is required for absences of 10 consecutive days or more (use form). Information is limited to ability to perform essential functions of the job. Information is limited to ability to perform essential functions of the job.

16. Communication Limited between employee and employer (weekly). Limited between employee and employer (weekly). Employers cannot have direct communication with treating practitioner regarding the leave. Employers cannot have direct communication with treating practitioner regarding the leave.

17. After the Leave Restored to same or equivalent position. Restored to same or equivalent position. Restored to benefits for which employee was eligible prior to leave. Restored to benefits for which employee was eligible prior to leave.

18. Renewing FMLA On exhaustion of current Health Certification On exhaustion of current Health Certification Annually Annually

19. Charging Absence to FMLA Following designation of absence as FMLA Following designation of absence as FMLA

20. Scenario: Faculty Member’s Illness Your 9 month faculty member has MS and is absent from work for medical appointments. He may need to have leave the full spring semester. What leave might is available? What leave might is available? What documentation is required from him What documentation is required from him and you? and you? What do you need to communicate to him What do you need to communicate to him and when? and when?

21. Scenario: Caring for an Elderly Parent -- Long Distance Caregiving Your 9 month faculty member has an aging, single parent living outside of the Iowa City area. The parent has been diagnosed with cancer and will be receiving chemotherapy treatments for one month. The treatments will cause the parent to become ill and weak. Care is needed. The faculty member is teaching 2 classes, writing an article and advising 2 students who are in the preparation stages of their dissertations. Problem solve this situation: What leave is to be used? What documentation is to be completed and shared? What communication must be conducted?