FMLA Requesting Leave
What are the requirements for an employee to furnish notice of a need for an FMLA leave?
How much FMLA leave may an employee take?
What are an employee's responsibilities when scheduling FMLA leave?
May an employer require additional documentation to receive paid leave?
The Act does not require an employer to provide paid leave for a situation in which the employer would not normally provide paid leave (current contract/policy provisions for paid leave do not change). The Act allows an employee to use paid leave (e.g., vacation or personal) to cover FMLA absences if the employee chooses.
Is a support staff employee required to designate paid leave as FMLA leave and count it against her/his FMLA leave entitlement?
As in the past, support staff members are required to use any accrued sick leave in the case of maternity or their own serious health condition and count it in the 12 weeks of leave permitted under FMLA. Short-term absences that are not serious health conditions do not count toward the 12 weeks of FMLA leave. Use of accrued sick leave, for the serious health condition of a family member (up to the limits specified in bargaining unit agreements), is required and counted toward the 12 weeks of leave permitted under the FMLA. Sick time used for the illness of a family member that is not a serious health condition does not count toward the 12 weeks of FMLA leave.
An employee may choose to use other paid leave (vacation/personal) for all or part of any otherwise unpaid FMLA leave. These hours are counted toward the 12 weeks of leave permitted under the FMLA. If an employee uses paid leave under situations which do not qualify as FMLA leave, the leave does not count toward the 12 weeks of FMLA leave.
Employees may request the use of compensatory time for an FMLA-qualifying absence. If an employee uses compensatory time, the absence may not be considered FMLA leave, even if it is for an FMLA-qualifying reason.
What are the requirements for an employee to furnish notice of a need for an FMLA leave?
An employee must provide her/his department at least 30 days advance notice before FMLA leave is to begin if the need for the leave is foreseeable. If 30 days notice is not practicable due to lack of knowledge as to when leave will be required to begin, notice must be given as soon as practicable. An employee shall provide notice either in person or by telephone, or other electronic means. The department should inquire further of the employee if it is necessary to have more information about whether FMLA leave is being sought by the employee and obtain the necessary details of the leave to be taken. Notice may be given by the employee's family member (e.g., a spouse) if the employee is unable to do so personally. The Notice of Eligibility, Rights and Responsibilities and Designation Notice must be used for an employee's notice of a need for FMLA leave.
How much FMLA leave may an employee take?
An eligible employee is entitled to:
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A total of 12 workweeks of leave during any 12 month period for any one or more of the reasons specified under situations required to grant FMLA leave. This includes "qualifying exigencies" arising out of the military service of a covered family member.
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A total of 26 workweeks of leave during a 12 month period to care for a covered service member with a serious illness or injury. The 12 month period is not defined by the employer under a calendar year or fixed or rolling year, but rather is defined as a rolling year beginning on the first day of leave. If the individual needs to care for more than one service member or the original service member has a subsequent injury, the individual may be entitled to take more than one period of 26 weeks of leave, but the individual cannot take more than 26 weeks for the same illness or injury for a single service member.
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An eligible employee is entitled to a combined total of 26 workweeks of leave for any FMLA-qualifying reason during the "single 12-month period". This 12-month period is defined as beginning on the first day the eligible employee takes FMLA to care for a covered service member and ends 12 months after that date, regardless of the method used by the employer to determine the employee's 12 workweeks of leave entitlement for other FMLA-qualifying reasons (fiscal year, July 1). If an eligible employee does not take all of his or her 26 workweeks of leave entitlement to care for a covered service member during this "single 12-month period," the remaining part of his or her 26 workweeks of leave entitlement to care for the covered service member is forfeited. Thus, for example, an eligible employee may during the "single 12-month period," take 16 weeks of FMLA leave to care for a covered service member and 10 weeks of FMLA leave to care for a newborn child. However, the employee may not take more than 12 weeks of FMLA leave to care for the newborn child during the "single 12-month period," even if the employee takes fewer than 14 weeks of FMLA leave to care for a covered service member.
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Military caregiver leave Leave may be taken for a covered service member defined as either:
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A member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country with a serious injury or illness;
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A member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty with a serious injury or illness;
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Serious injury or illness is defined as either:
- An injury or illness that is incurred 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. Leave can be taken for a covered service member (a) who is on the temporary disability retired list, (b) who is undergoing medical treatment, recuperation, or therapy for the serious illness or injury; or (c) who is assigned to a military medical treatment facility as an outpatient or is otherwise receiving outpatient care at a unit established for members of the armed forces.
- A veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.
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A member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country.
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A member of the reserve components or a retired member of the regular Armed Forces or Reserves.
FMLA leave is concurrent with existing maternity and other paid/unpaid leaves of absence taken for FMLA reasons. For example, employees are not entitled to an additional 12 weeks of FMLA leave for birth of a child after the conclusion of a 12-week maternity leave and 4-week extension have been provided under existing policies/contracts. See the sick leave policy for the complete maternity leave policy.
FMLA leave is not provided beyond an off-date or the end of a temporary appointment.
What are an employee's responsibilities when scheduling FMLA leave?
When planning medical treatment, the employee should consult with the department and make a reasonable effort to schedule the leave so as to minimize disruption of the department's operations, subject to the approval of the health care provider. In the case of a request for intermittent leave or leave on a reduced leave schedule, the employee and department shall attempt to work out a schedule which meets the employee's needs and minimizes disruption of the department's operations, subject to the approval of the health care provider.
May an employer require additional documentation to receive paid leave?
Departments may require an employee to provide a physician's statement in accordance to the appropriate collective bargaining agreement and university sick leave and Family Medical Leave Act policies.
