The FMLA entitles eligible employees of covered employers to take paid or unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to twelve workweeks of leave in a 12-month period for.
Family and Medical Leave Act (FMLA) eligibility is determined and confirmed by the Department of Human Resources for all faculty and staff at the University of Kansas Medical Center. Employees and/or departmental personnel that are either requesting or alerted to conditions that may be eligible for FMLA protection are to notify Human Resources, the Department of Employee Benefits at 913-588-5087 immediately following the procedures outlined below.
Notification of a serious personal or family medical illness/injury, parental leave or military leave is to be made by the employee to Human Resources 30 days prior to the qualifying event if possible or as soon as possible thereafter or by the departmental personnel related staff person after an absence of more than three full consecutive days. Human Resources should be provided with the name of the employee and the first day of leave.
To request FMLA, employees must complete the FMLA Employee Request Form as well as one of the following forms that require completion on behalf of the employee and/or health care provider and provide to Human Resources. Failure to do so may jeopardize FMLA eligibility.
Within five business days of receipt, Human Resources will review the materials provided and determine if the condition qualifies for coverage under FMLA. The employee will receive a letter indicating the outcome of the review. A copy of the letter will be sent to the department and retained in Employee Benefits.
The method for determining the 12 month period in which the 12 weeks of FMLA-protected leave entitlement occurs is a rolling 12 month period measured backward from the date an employee uses any FMLA leave.
During the assigned FMLA period, employees are required to deplete all forms of paid leave (sick and vacation) (unless covered by KUMC Short Term Disability) prior to going on a leave without pay status. Time and leave records are to reflect the correct use of leave and should not be allowed to exceed the total number of hours approved under FMLA without approval from Human Resources.
In the event an employee exhausts all paid forms of leave while on FMLA, and their request is approved to continue medical leave for more than 30 days afterward, then the department would process an HRIS form to reflect unpaid leave. The effective date of the unpaid leave is 31 days after the continuation of unpaid leave began. Unpaid leave status must not be entered while an employee is on FMLA.
Employees designated FMLA for medical related conditions will be required to present a fitness-for-duty certification (release to return to work) by his/her health care provider to Human Resources in order to return to work. If such certification is not received in a timely manner, the employee's return to work may be delayed until certification is provided. Excessive delay or continued failure to produce such documentation may result in disciplinary action.
In the event the employee requests additional leave time beyond the FMLA period, such requests must be made to Human Resources prior to expiration of the authorized FMLA period. Approval of such requests shall be appraised including physician certification review and the seeking of approval of the employee's department.
If an employee requests an ADA accommodation, Human Resources will work with the appropriate department to determine if a reasonable accommodation can be available. Employees will receive notification in writing regarding the decision and will be contacted regarding any related benefit impact.
FMLA documents are considered confidential and shall be filed separately from personnel records. Human Resources shall retain such documentation in a secure location for five years from the date of FMLA approval.
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