Family and Medical Leave (FMLA)

Last Updated 01/09
Applies to Administrators and Staff
Related Policies:

Policy

The University provides eligible employees with leave from work consistent with the provisions of the Family and Medical Leave Act of 1993 (FMLA).

Eligibility

An administrator or staff member who (1) has been employed by the University for at least twelve months and (2) has worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave is eligible to apply for FMLA.
An employee does not need 12 consecutive months of employment at the University to meet the 12-month service requirement, except that the University need not count employment periods prior to a break in service of 7 years or more. Only actual hours worked are included to determine eligibility. Vacation, sick and holiday hours paid do not count towards the 1,250 hour requirement. However, military service covered under the Uniformed Services Employment and Reemployment Rights Act (USERRA) will count towards fulfilling both eligibility requirements.

Qualifying Reasons

Eligible employees may take up to 12 weeks of Family and Medical Leave within a rolling 12 month period for the following reasons:

  • The employee’s own serious health condition, including pregnancy and birth-related conditions, that render the employee unable to perform the essential functions of his or her job,
  • The birth of the employee’s child and to care for that child,
  • The placement of a child with the employee for adoption or foster care and to care for that child,
  • To care for the employee’s spouse, child or parent who has a serious health condition,
  • A qualifying exigency that occurs while the employee’s spouse, child, or parent is on active duty or called to active duty status in the National Guard or Reserves.

Time taken to care for a covered service member injured in the line of duty may qualify for FMLA under the Military Caregiver Leave section of this policy.

Definitions

Spouse – A husband or wife as defined or recognized by the State of Indiana.

Parent – A biological parent, adoptive parent, step-parent, or an individual who stood in loco parentis (in place of a parent) to an employee. This does not include “in-laws.”

Child – A biological, adopted , or foster child, a stepchild, a legal ward or a child of an individual standing in loco parentis (in place of a parent) who is under the age of 18 or over age 18, but incapable of self-care because of a mental or physical disability.
For purposes of Military Caregiver Leave and leave qualifying under the qualifying exigency military provision, there is not an age requirement.

Serious Health Condition – An illness, injury, impairment, or physical or mental condition that involves (1) an overnight stay in a hospital or medical care facility and any period of incapacity or subsequent treatment related to the same condition, or (2) continuing treatment by a health care provider. Continuing treatment may be established under any of the following circumstances:

  • Short-term incapacity for more than three full consecutive calendar days that also involves one of the following:

i.Treatment by a health care provider on at least one occasion with a continuing regimen of treatment under the health care provider’s supervision. The visit to the health care provider must be in-person within 7 days of the first day of incapacity.

ii. Treatment two or more times by a health care provider. The first visit to the health care provider must be in-person within 7 days of the first day of incapacity and the second treatment must take place within thirty days of the first day of incapacity and must be determined by the health care provider.

  • Pregnancy or prenatal care;
  • Chronic serious health condition (such as asthma, diabetes, epilepsy) which require periodic visits for treatment by a health care provider at least twice a year;
  • Permanent or long-term incapacity (such as Alzheimer’s, severe stroke, terminal stages of a disease);
  • Absence to receive multiple treatments for restorative surgery after an accident or injury or a condition that would likely result in an incapacity of 3 or more days if not treated (such as cancer, severe arthritis, kidney disease).

Qualifying Exigency– Specific activities arising out of the fact that a covered military member is on active duty, including issues related to short notice deployment, attendance at military events and related activities, arranging for or addressing childcare and school activities (but not routine childcare), making financial and legal arrangements, attending counseling, rest and recuperation with a covered service member, and attending post-deployment activities.

Next of Kin- the nearest blood relative other than the covered service member’s spouse, parent, son or daughter, in a set order of priority, unless another blood relative has been designated as next of kin. This applies to Military Caregiver Leave only.

Duration of Leave

Employees may be granted a maximum of twelve weeks of Family and Medical Leave in any twelve-month period. The twelve-month period is a “rolling” twelve-month period measured backward from the date an employee uses any leave. An employee’s FMLA balance is equal to 12 weeks minus any FMLA time taken during the immediately preceding 12 months.

Leave for a newborn child or for adoption or foster care placement of a child must be complete within twelve months of the birth, adoption or placement. The leave cannot be taken intermittently or on a reduced schedule unless both the department and the individual agree on the schedule of intermittent or reduced leave.

Leave for a serious health condition (for a seriously ill child, spouse or parent or the employee’s own condition) may be taken intermittently or on a reduced schedule but only if certified by a health care provider as needed for medical reasons.

Employees are obligated to remain in contact with their supervisors regarding their status during the FMLA leave as frequently as the supervisor deems appropriate and necessary under the circumstances. Employees must keep their supervisors informed about the day they intend to return to work. For employees who are approved for intermittent FMLA leave, such contact must be made every day that the employee intends to use intermittent leave. For employees on an approved FMLA leave that extends more than 30 days, such contact must be made at a minimum of every 30 days. Failure to keep the department updated may result in corrective action.

The employee must make reasonable efforts to schedule the intermittent leave so as not to disrupt the operation of the department. The University may temporarily transfer employees to an available alternative position if an employee needs intermittent leave or leave on a reduced leave schedule that is foreseeable based on planned medical treatment for the employee, a family member, or a covered service member, including during a period of recovery from one’s own serious health condition, a serious health condition of a spouse, parent, son or daughter, or a serious injury or illness of a covered service member, or if the University agrees to permit intermittent or reduced schedule leave for the birth of a child or for placement of a child for adoption or foster care. In such cases, the alternative position shall have equivalent pay and benefits.

Pay During FMLA Leave

The Family and Medical Leave Act provides for unpaid leave time. The University requires employees to use available paid sick time, personal days and vacation days first for their own serious health condition, to the extent available, before the leave becomes unpaid. The following table indicates the use of paid time during leaves. Paid time is based on scheduled work hours.

Paid Time Required

Reason for leave Sick Personal Vacation
Employee’s Own Serious Health Condition X X X
Birth of a Child ( Mother) X ** X X
Adoption, Foster Care Placement, or Care for newborn (Mother) X X
Adoption, Foster Care Placement, or Birth/Care of a Child (Father) X X
Serious Health Condition of Spouse, Child or Parent X*** X X
Workers’ Compensation Optional Optional Optional
Military Qualifying Exigency X X
Military Caregiver Leave X X

Personal Days can only be used if time is available in an employee’s sick bank.
*Sick days until released from physician.
***Five (5) days off accumulated sick leave is available for family illness.

Any leave time approved as FMLA, whether paid or unpaid, is counted as part of the twelve-week Family and Medical Leave period. Time off for Worker’s Compensation is counted as FMLA.

Reinstatement

Before an employee can return from a leave for their own serious health condition, the employee must present a certification from their health care provider that they are fit-for-duty and able to return to work.

An employee returning from an approved Family and Medical Leave will be restored to the same position that the employee held when the leave started, or to an equivalent position, with equivalent benefits, pay and other terms and conditions of employment. Any employee who chooses not to return to work upon release by their physician will be considered to have resigned their position effective the last day of the leave.

Extended Medical Leave

Any medical leave beyond the duration of an unpaid FMLA is considered an extended leave. Extended leave is unpaid and is only available for employees on leave due to their own serious health condition. An employee may continue to use any available paid sick or vacation time during the extended leave. When an employee goes on an unpaid extended leave, the department may post the employee’s position.
Employees returning from an extended unpaid leave are not guaranteed a position. However, they will be considered for any available position for which they are qualified at the time of release to return to work.
An employee who is not released to return to work by a health care provider within one year from the beginning of any medical leave will be separated from the University.

Military Caregiver Leave

FMLA provides up to 26 weeks of leave in a single 12-month period to an employee who is the spouse, son, daughter, parent, or next of kin of a covered service member. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty and is undergoing medical treatment, recuperation, or therapy; or is otherwise in outpatient status; or is on the temporary disability retired list.

For purposes of Military Caregiver Leave, a “single 12-month period” is defined as a rolling year beginning with the first day of the leave. An eligible employee is entitled to a combined total of 26 weeks of Military Caregiver Leave and leave for any other FMLA qualifying reason in a single 12-month period, provided that the employee may not take more than 12 weeks of leave for any other FMLA qualifying reason during this period. For example, in a single 12-month period, an employee could take 12 weeks of FMLA to care for a newborn child and 14 weeks of Military Caregiver Leave, but could not take 16 weeks of leave to care for a newborn child and 10 weeks of Military Caregiver Leave.

It is the employee’s responsibility to provide complete, sufficient, and timely certification when requesting leave.

Procedures

Request for Family and Medical Leave

The University contracts with a third party, SHPS, which will be known as the Notre Dame FMLA Service Center, to administer its FMLA program for administrators and staff.

The procedures are as follows:

  • To obtain information regarding FMLA leave, employees should contact the Notre Dame FMLA Service Center at 1-800-778-0055 between 8:00 AM and 8:00 PM Eastern Time.
  • Employees should submit completed paperwork by mail or fax to:
  • Notre Dame FMLA Service Center
    P.O. Box 36660
    Louisville, KY 40233
    Fax (502) 297-5345
  • Failure to provide the medical certification within 15 calendar days of the date the employee receives the forms may result in delay or denial of the leave request.
  • The Notre Dame FMLA Service Center will contact the employee directly about the status of the leave.
  • Employees can view leave status, leave history and apply for subsequent leaves or extensions of current leaves on the internet at https://services.shps.net.

Employee Notice Requirements

In the event a Family and Medical Leave is required for planned medical treatment, the course of treatment should be scheduled so as not to unduly disrupt the department’s operations. Employees should consult with their department prior to arranging appointments so that a schedule can be agreed upon that best suits both employee needs and the needs of the department. If the leave is foreseeable, 30 days prior written notice to the University is required. When 30 days notice is not practicable, employees must notify their supervisor as soon as practicable and must comply with the department’s normal call-in procedures. Failure to provide proper notice may result in delay or denial of the leave, and may result in corrective action.

Medical Certification

When a Family and Medical leave is requested because of the employee’s own serious health condition, or the serious health condition of a covered relative, appropriate medical certification as requested by the University must be provided in a timely manner. Failure to provide satisfactory medical certification will result in denial of leave until appropriate medical certification is provided.

The University reserves the right to request and obtain a second opinion of a serious health condition from a health care provider at the University’s expense.

Medical Certification During Extended Leave

Employees on extended medical leave must provide a medical certification to the department or the Office of Human Resources upon request.

*Continuation of Benefits *

During the first six months of a leave, an employee’s benefits will continue as long as the employee makes his/her normal contributions to such benefits. Benefits funded by the University also continue during this period.

The Internal Revenue Code, section 129, does not allow participation in the Dependent Care Flexible Spending Account while on medical leave. Dependent care expenses incurred during a medical leave are not eligible for reimbursement. An employee on an approved medical leave of absence may elect to change his/her Dependent Care election for the balance of the year. This change must be made through the Office of Human Resources.

If an employee’s leave extends beyond six months, the employee’s benefits can continue only if he/she pays the full cost of coverage. In addition, the University will continue to provide base life, long-term disability, and educational benefits. Other benefits do not continue during this time.

An employee paying full cost of the coverage must make regular monthly payments to the Office of Human Resources no later than the 5th day of each month. Failure to make monthly payments will result in termination of the benefits. If an employee fails to return from a leave, he/she may be required to reimburse the University for insurance premiums paid by the University during the leave.

FMLA Tracking Record

Supervisors should complete the FMLA Tracking Record for all paid and unpaid FMLA-qualifying absences, and forward it to the Notre Dame FMLA Service Center.

For further information regarding Employee Rights and Responsibilities under the Family and Medical Leave Act, click here.

FORMS