Family Medical Leave Act (FMLA) Procedures

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.

Definition of Employee Eligibility for FMLA

  • Employed by the State of Kansas/University of Kansas Medical Center (KUMC) in a regular or limited term position for at least 12 months within the last seven years.  If the employee has had a break in service that lasted seven years or more, the time worked prior to the break will not count unless the break in service is due to service covered by the Uniformed Services Employment and Reemployment Rights Act (USERRA); and
  • Employed by the State of Kansas/Medical Center for at least 1,250 hours within the 12 month period immediately preceding the FMLA qualifying event.

Definition of a Qualifying Event

  • Birth and care of a newborn child.
  • Placement of a child through adoption or foster care.
  • Serious illness or injury rendering an employee unable to perform the duties of his/her job.
  • Care for an employee's family member (parent, spouse, son or daughter under 18 or over 18 if qualifying) with a serious illness or injury.
  • A qualifying emergency which occurs while the employee's spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation to manage the service member's affairs.
  • Care for a covered service member who has suffered a serious injury or illness in the line of duty if the employee has a qualified family relationship with the covered service member or had an injury or illness that existed before the beginning of the member's active duty and was aggravated by service in the line of duty while on active duty.

Notification of Potential Need of FMLA Leave

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.

Determining 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.

Record FMLA Time

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.

Leave Without Pay and FMLA

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.

Prepare for the Employee's Return

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.

Employee Is Unable to Return to Work after FMLA Period

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 Document Retention

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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Last modified: Jun 03, 2015