FMLA Policy

• Introduction
• A. Eligibility
• B. The 12-Month Period
• C. Spousal Coverage
• D. Intermittent Leave
• E. Definitions
• F. Requesting Leave
• G. Proof
• H. Confidentiality
• I. Substitution of Paid Leave
• J. Benefits
• K. Reinstatement
• L. Posting
• M. Advice

 

Introduction

The Family and Medical Leave Act of 1993 (FMLA) applies to all eligible faculty and staff as defined in Section (A).

In summary, FMLA requires that an "eligible" employee must be granted in total up to twelve weeks of unpaid leave during any twelve-month period for any of the following reasons:

1. The birth or adoption of a child or the foster care placement of a child.  FMLA leave must be concluded within twelve months of the birth, adoption or placement of the child;

2. To care for the employee's spouse, child or parent who has a serious health condition;

3. A serious health condition of the employee that makes the employee unable to perform the functions of employee's job.

FMLA does not supersede any University policy or collective bargaining agreement that provides greater family or medical leave rights than the rights established under FMLA.  Conversely, FMLA provides that the rights established for employees under FMLA can not be diminished by any policy or agreement.

The leave granted under FMLA generally is a lesser benefit than that available under various University policies and collective bargaining agreements.  Because the University meets or exceeds FMLA requirements in many respects, this policy designates many existing types of leave as FMLA leave, so that the University leave and the FMLA leave run concurrently.

Officers of Instruction, Research and the Libraries should consult The Faculty Handbook for additional information about types of leave and benefits applicable to their situation.

 

A.  Eligibility

To be eligible for FMLA leave, an employee must have been employed by the University for at least 12 months, and have worked at least 1250 hours during the 12-month period immediately preceding the commencement of the leave.

All periods of time when the employee was on the payroll, including casual and temporary employment, count toward determining whether the employee has been employed for at least 12 months.  Only periods of actual work time count toward the determination of whether the employee has worked at least 1250 hours during the preceding 12 months.  Periods of paid or unpaid leave, holidays, etc. which are not work time for purposes of the Fair Labor Standards Act are excluded.

 

B.  The 12-Month Period

The 12-month period during which FMLA leave is calculated and during which FMLA leave may be taken will be the calendar year (January 1 - December 31).  Under this method of calculation, an employee may take up to twelve weeks of FMLA leave at any time during the calendar year.

 

C.  Spousal Coverage

In the event both spouses are Columbia employees, both spouses may use FMLA leave to a maximum of 12 weeks each.

 

D.  Intermittent Leave

(1) Illness

An employee taking FMLA leave for his/her own serious health condition or to care for a seriously ill spouse, child or parent may take leave on an intermittent basis, or by reducing his/her scheduled work hours.  The employee must provide certification from the health care provider caring for the employee and/or family member that leave must be taken in that manner.  Intermittent leave will be taken in increments of whole hours.

In the event an employee is granted intermittent FMLA leave or a reduced work schedule, due to his/her serious health condition or to care for a seriously ill family member, it is incumbent upon the department to keep track of lost work time and to deduct the time from an existing benefit or from salary, as appropriate.  (See F, Requesting Leave,  (3) Scheduling)

Intermittent leave is limited to the equivalent of 12 weeks work time.  The total number of hours of intermittent leave available to an employee is equal to 12 times the number of hours per week which the employee is normally scheduled to work, less any other FMLA leave taken in the same calendar year.  For example, a 40-hour per week non-exempt employee may take up to 480 hours of intermittent leave, a 35-hour employee may take up to 420 hours, and a 20 hour employee may take up to 240 hours.  Exempt employees should be deemed to work a 35-hour work week for purposes of computing the number of hours of leave available.

 

(2) Birth, Adoption or Foster Care

FMLA  leave for birth, adoption, or foster care placement cannot be taken intermittently or on a reduced schedule of any kind without the written permission of the employee's department.

 

E.  Definitions

(1) "Family Member"

"Family member" is defined in FMLA to include the employee's spouse, son, daughter or parent (but not a parent "in-law").  A "son" or "daughter" is any child under 18 who is the biological child of the employee, who is adopted by the employee, or whom the employee supervises on a day-to-day basis and for whom the employee is financially responsible or who is an eligible dependent under the University's health benefits plan  (e.g., a step child or foster child.)  A "son" or "daughter" is also a child over 18 who is incapable of self-care because of a mental or physical disability.  A "parent" is any biological parent, or any individual who assumed day to day and financial responsibility for the employee when the employee was a child.

Same-sex domestic partners will be treated as the employee's spouse for purposes of this policy, provided that they qualify for benefits coverage under the University's benefits program.

The son or daughter of a same-sex domestic partner of a University employee will be treated as the employee's child for the purposes of this policy, provided that the child qualifies for benefits coverage under the University's benefits program.

 

(2) "Serious Health Condition"

       A.  A serious health condition entitling an employee to FMLA leave means an illness, injury, impairment or physical or mental condition that involves:

            (i) inpatient care in a hospital, hospice or residential medical care facility or a subsequent treatment in connection with such inpatient care; or

            (ii) continuing treatment by a health care provider.

       B. A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:

           (i) A period of incapacity (i.e., inability to work, attend school or perform regular daily activities) of more than three consecutive calendar days and any subsequent treatment or incapacity relating to the same condition.  This period of incapacity must also involve:

• treatment two or more times by a health care provider; or
• treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the provider's supervision.

          (ii) Any period of incapacity due to pregnancy or prenatal care;

          (iii) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:

• requires periodic visits with a health care provider;
• continues over an extended period of  time; and
• causes occasional rather than continuous periods of incapacity (e.g. asthma, diabetes, epilepsy, etc.)

         (iv) A period of incapacity which is permanent or long term due to a condition for which treatment may not be effective, provided the employee is under the continuing supervision of a health care provider (e.g., Alzheimer's, stroke, terminal stage of a disease).

          (v) Any period of absence to receive multiple treatments (including a period of recovery therefrom) by a health care provider either for restorative surgery, or for a condition which, if untreated, would likely result in a period of incapacity for more than three consecutive days (e.g., chemotherapy, dialysis, physical therapy).

      C. A serious health condition does not include cosmetic treatments or cosmetic surgery unless hospitalization is required.  Common colds, flu, headaches, earaches, routine dental treatments, and similar conditions are not serious health conditions for FMLA purposes.  Treatments such as use of over-the-counter medications or bed rest, which can be initiated without visiting a physician, are generally not serious health conditions.

(3) "Health Care Provider"

Health Care Provider is defined as any physician, podiatrist, dentist, clinical psychologist, optometrist, nurse or mid-wife who is authorized to provide health care and is acting within the scope of his or her duties.  The rules also include "any health care provider that is recognized by the employer or accepted by the employer's group health plan (or equivalent program)".  Further, the rules specifically include clinical social workers as health care providers.

 

F. Requesting Leave

Officers of Instruction, Research and the Libraries must request FMLA leave through their department chairs and deans, who will forward the request, and if necessary, a Personnel Action Form, to the Vice Provost for Academic Administration for authorization. Officers of administration and support staff must request FMLA leave through their supervisors, who will forward the request to department administrators for record-keeping purposes and, if necessary, completion and submission of the Personnel Action Form.

The following leaves will automatically be designated as FMLA leave whenever an employee makes an application for leave for FMLA-covered purposes:

1. Salary continuation for officers, and sick leave (paid or unpaid) for support staff, which exceeds seven calendar days. Worker compensation and disability are included within this provision.

2. Personal leaves of absence without pay when used for FMLA purposes, regardless of duration.

3. Medical leaves for officers of instruction, research and the libraries.

4. Child care leaves, whether paid or unpaid.

5. All intermittent leave, when used for purposes of the employee's own illness or to care for a relative with a serious health condition.

6. Vacation or personal time when used for FMLA purposes.

7. Parental Work Load Relief for officers of instruction, research and the libraries.

Attached to this policy is a copy of U.S. Department of Labor Form WH-381, which must be used to designate leave as FMLA leave. A copy of the form must be provided to the employee, and a copy must be attached to the Personnel Action Form, when applicable. Form WH-381 also may be accessed from the Department of Labor website at US Department of Labor Form WH-381. Adobe Acrobat 3.0 will automatically download to computers which do not have that software installed, in order to permit printing of the form.

Once an employee has exhausted the available FMLA leave in a calendar year, the remaining leave is not considered FMLA leave.

The designation of whether leave is FMLA leave or not should be made BEFORE the leave commences, or the leave may not qualify as an employee's FMLA entitlement. However, if the University has insufficient information to designate FMLA leave before or during the leave, a post-leave retroactive designation can be made if the determination is made within two business days after the employee's return to work.

(1) Foreseeable Leaves

If the need for FMLA leave is foreseeable, the employee should provide notice to the supervisor at least 30 days in advance. If proper prior notice is not given, leave may be denied unless there is a reasonable excuse for the delay. If otherwise qualifying FMLA leave is denied for lack of notice, the University may designate leave to start 30 days after proper notice is given.

(2) Leaves Not Foreseeable

If the need for family or medical leave is not foreseeable, notice must be given by the employee as soon as possible and practicable. Except in the case of extreme medical emergencies, employees are expected to advise their supervisor as soon as they know of the need for and expected duration of leave, and generally within two business days of the time they know of the need for leave. Notice may be given by telephone, e-mail, fax, or other similar methods.

(3) Scheduling

If the leave is for the planned medical treatment of the employee or a family member, or requires intermittent or reduced schedule leave, employees may be required by their supervisor to arrange a particular schedule or to reschedule appointments or treatments, subject to the consent of the health care provider.

(4) Denial Of Leave

An employee's failure to provide reasons sufficient to qualify for FMLA leave will result in the denial of the leave.

 

G.  Proof

Medical certification will be required from a health care provider in all cases involving either FMLA leave to care for a seriously ill spouse, child, or parent, or FMLA leave due to an employee's serious health condition.  At a minimum, a diagnosis and the underlying medical facts supporting the diagnosis, the plan of treatment and the prognosis of the illness and response to treatment are required.  The University also reserves the right to contact the health care provider for clarification.

Certification must be provided within 15 days, unless it is not practical under the circumstances.  Departments should utilize the attached form for Certification of Health Care Provider, U.S. Department of Labor Form WH-380.   Form WH-380 also may be accessed from the Department of Labor website at US Department of Labor Form WH-380.

Adobe Acrobat 3.0 will automatically download to computers which do not have that software installed, in order to permit printing of the form.  

Documentation provided by the employee must be attached to the PAF by the department.  If an employee wishes to maintain the confidentiality of the documentation, the employee may submit the documentation directly to the Director of Employee and Labor Relations, Mail Code 7710, in the case of officers of administration and support staff, or to the Vice Provost for Academic Administration, Mail Code 4326, in the case of officers of instruction, research and the libraries.  These officials will review the documentation at the time that they approve the PAF.

The University at its sole discretion may require a second opinion from an independent medical provider selected by the department with the expenses borne by the department where the employee works.  If the opinions of the employee's and the department's health care providers differ, then the department can require a third opinion at the department's expense which can be issued by a mutually agreed health care provider.

 

H.  Confidentiality

The University will keep confidential all information relating to requests for FMLA leave.  This information will only be disclosed to those with a need to know, and will be used only to make decisions in regard to the provisions of this policy.

 

I.  Substitution of Paid Leave

Paid leave may be substituted for unpaid leave, as described below.  If paid leave is substituted, it replaces the equivalent unpaid leave time.

Prior to the commencement of FMLA leave, an employee may elect to substitute earned vacation or personal time for otherwise unpaid FMLA leave, or the University may require an employee to use leave as set forth below, up to the full amount such accrued leave.

Paid sick leave may only be used in the case of leave for an employee's illness or serious health condition (including childbirth).

Employees must use available paid sick leave for their own medical condition.  Employees will not be required to use vacation or personal leave unless such leave would be forfeited under the University's personnel policies or applicable labor agreement.

 

J.  Benefits

(1) The University is required to maintain its contribution toward medical coverage for up to the 12 weeks of FMLA leave at the same level as if the employee were actively at work.  If employee contributions are required also, such contributions remain the employee's responsibility for payment.  At the employee's option, payment may be made either in advance, in a lump sum, or monthly, during the leave.

Contributions for the pension plan and tax-deferred annuities will continue to be made during periods of paid FMLA leave, but will not be made during periods of unpaid leave unless specified by collective bargaining agreement.  FMLA leave, whether paid or unpaid, will count toward vesting of pension benefits.

(2) Employee contributions as outlined above may be made for continuation of any combination of the following:

     a.  medical insurance
     b. dental insurance
     c.  USA (medical)
     d.  USA (dependent care)
     e.  life insurance
     f.  disability insurance

Employees paying for coverage continuation on a monthly basis will be required to pay on the first of each month for that month's coverage.  A thirty-day grace period will be allowed for late payment.  At the expiration of such grace period, one reminder notice will be sent to the employee's last known address.  If payment is not received within 45 days from the first date for that payment, coverage will be canceled, effective as of the due date.

(3) If medical coverage is canceled, restoration of coverage will be available:

    a. retroactively, if all due premiums are paid;

    b. prospectively, upon the employee's return to active status, or upon resumption of current premium payments.

In the event an employee does not return to active status upon expiration of the leave, including any extensions, Columbia will endeavor to recoup from the employee the premiums paid for coverage continuation paid on the employee's behalf.   The University will waive its right to recoup premiums in the case of the employee's death or total and permanent disability.

(4) Any questions regarding health coverage during FMLA leave should be directed to the Benefits Office at 870-2615 or the Health Sciences Human Resources Office at 305-3819.

All FMLA leave must be recorded by the department administrator.  Leaves which require a Personnel Action Form will be denoted as FMLA leave in the comments box.  Intermittent leave without pay for salaried employees will be handled through use of the ZT form.

Employees represented by labor organizations which provide benefits through union benefit funds should direct questions to the Office of Employee and Labor Relations at 870-2801.

(5) Unpaid FMLA will not be considered "time worked" for purposes of computing overtime under the Fair Labor Standards Act, except to the extent required by University policy or collective bargaining agreements.

 

K.  Reinstatement

(1) Employees taking leave for a serious health condition will be required to obtain medical clearance from their health care provider prior to returning to work.  The University may require additional clearance from University Health Services.

(2) Upon return to active status, an employee who has been on FMLA leave is required to be reinstated in the same position or a position of equivalent grade and salary, unless the employee would have been terminated in the absence of any leave (e.g. layoff or termination of temporary appointment).

 

L.  Posting

The attached Family and Medical Leave Act Notice should be conspicuously posted on all bulletin boards normally used for such required postings.

 

M.  Advice

Please contact Employee and Labor Relations at 870-2801 or Health Sciences Personnel Office at 305-3819 in connection with all FMLA type leave requests to ensure consistent compliance.