Family and Medical Leave Act

FMLA eLearning Module (myKUMC access required)

Under the Family and Medical Leave Act (FMLA) eligible employees are entitled up to 12 weeks of leave (employees must use any vacation and sick leave that they have available, then any time remaining of the 12 weeks will be unpaid leave) for the following reasons:

• for the birth of a child, or placement of a child for adoption or foster care
• to care for an immediate family member, that is, a spouse, child, or parent, who has a serious health condition; or
• for a serious health condition that makes the employee unable to perform any of one (or more) of his or her essential job duties.

Notice

Military Family Leave

The National Defense Authorization Act for FY 2008 (NDAA) amended the FMLA to provide eligible employees working for covered employers two important new leave rights related to military service:

1. Qualifying Exigency Leave. Eligible employees are entitled to up to 12 weeks of leave because of "any qualifying exigency" arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation.
2. Military Caregiver Leave. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to 26 weeks of leave in a single 12-month period to care for the service member. This military caregiver leave is available during "a single 12-month period" during which an eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave.

Additional information on the amendments and a version of Title I of the FMLA with the new statutory language incorporated are available on the FMLA amendments Website.

An employee's healthcare benefits may be continued during leave and the employee will be reinstated to his or her former position or an equivalent position at the end of the leave. Contact the Benefits Office at 913-588-5087 for more information or for clarification on FMLA policies and procedures.

Eligibility

An employee is eligible for leave if they have been employed:

• for at least 12 non-consecutive months by a covered employer
• for at least 1,250 hours of service during the 12 month period before leave is requested; and
• at a worksite with at least 50 or more employees who work within 75 surface miles of their assigned worksite.

Process

Employees should notify their supervisors when family medical leave is anticipated. The employee may be asked to provide medical certification. Supervisors will provide employees with guidance for any additional requirements. See Forms below.

Definitions

Parent: a parent may be a biological or adoptive parent. An individual who has day-to-day responsibilities to care for and financially support a child is also considered a parent. For example, a grandmother who raised her grandson would be considered a parent under the FMLA, even if she has no formal guardianship or similar papers. A parent-in-law is not a parent.

Spouse: a spouse is a husband or wife recognized under state law for purposes of marriage in the state in which the employee resides. An unmarried domestic partner is not a spouse.

Child: a child is a biological, adopted, or foster child, a stepchild, a legal ward, or child of a person who has day-to-day responsibilities to care for and financially support a child under the age of 18, or over the age of 18 who is incapable of self-care because of a physical or mental disability.

Covered Service Member: A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves.

Serious Health Condition: a serious health condition is: 1) an illness, injury, impairment, or physical or mental condition that requires care in a health care facility (that is, an overnight stay); OR 2) continuous treatment by a health-care provider, such as one of the following: 1) a period of incapacity of more than three consecutive calendar days of absence from work and any subsequent treatment of that incapacity by a health-care provider; 2) continuing treatment or supervision by a health-care provider for a chronic serious health condition; or 3) any period of incapacity due to pregnancy, or for prenatal care.

Continuing Treatment: continuing treatment requires two or more treatments by a health-care provider, or continuing supervision by a health-care provider of a long-term condition.

Medical Certification: Medical certification may include the following information: 1) an explanation of the part of the definition of "serious health condition" that applies to the patient's condition and the medical facts supporting the certification; 2) date of onset and probable duration, including duration of incapacity; 3) whether an intermittent or reduced leave schedule will be necessary, and the duration of such schedule; 4) in the case of an employee's own serious health condition, the health-care provider's statement of the employee's inability to perform his or her essential job functions; and 5) in the case of leave to care for a family member with a serious health condition, a statement by the health-care provider of the care the patient needs, a statement by the employee of the care the employee will provide, and a time estimate of the period of care.

Serious Injury or Illness of Covered Service Member: A serious injury or illness is one that was incurred by a service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of his or her office, grade, rank, or rating.

Forms

Department Checklist - (Web Form)
The department is to complete the FMLA Department Checklist form for each FMLA-qualifying leave of more than three days or each FMLA-qualifying leave due to a chronic condition. Forward the completed form to the Benefits Office at 1044 Delp.

Employee Request Form - (MS Word)
If the time off is more than three (3) days or due to a chronic condition, the employee may complete the Employee Request Form. Forward the completed form to your supervisor/department.

The employee is to submit the following forms when required by KUMC. Forward the completed forms to your supervisor/department.

• Certification of Healthcare Provider for Employee - (PDF)
• Certification of Healthcare Provider for Family Member - (PDF)
• Certification of Qualifying Exigency for Military Family Leave - (PDF)
• Certification for Serious Injury or Illness of Covered Service Member - for Military Family Leave - (PDF)