Family Medical Leave Act (FMLA)
General Information
- Family and Medical Leave Act and Military Leave - Summary of Final Regulations Effective January 16, 2009
- FMLA Regulation Changes Effective January 16, 2009
Definition
The Family Medical Leave Act (FMLA) is a federal law that provides up to 12 weeks of leave each calendar year for the employee’s own serious health condition, birth and first year care of a child, adoption or foster placement, and/or care of spouse, child, or parent with a serious health condition.
“Serious health condition” means an absence (incapacity) for illness, injury impairment, or physical or mental condition that involves-inpatient care, more than three day absence plus treatment, pregnancy, treated chronic conditions, supervised long term conditions, or multiple treatments.
Eligibility
To be eligible for FMLA leave, the employee must have worked for The University of Iowa for an aggregate total of 12 months. The twelve months does not have to be continuous employment and worked at least 1250 actual hours in the immediate preceding 12 months prior to the absence.
Protections
During FMLA leave the employee’s health insurance benefits are maintained and the University maintains its regular contribution to health insurance coverage when the employee is in either paid or unpaid status. On return from FMLA leave the employee returns to the same or an equivalent position and the same benefits for which s/he is eligible prior to the leave.
Designation
The law requires the University to treat all qualifying absences as FMLA leave and provide the employee with written notice of the designation of this leave as FMLA. Most absences require an employee provide the employer a Department of Labor Health Certification completed by the health care provider.
Taking FMLA Leave
FMLA leave may be taken as continuous leave or intermittent leave in any increment of time up to the maximum 12 weeks (480 absent hours) per calendar year. Intermittent leave may also be used as a reduced schedule (i.e., four hours a day). A 30-day advance notice is requested when possible.
Paid vs. Unpaid Leave
FMLA does not provide paid leave. Employee wages during FMLA covered absences are provided according to University policy and collective bargaining agreement requirements. Employees eligible for FMLA will use applicable University leave benefits concurrently with FMLA.
Examples:
- Biological mother during parental leave on six weeks recovery from birth uses sick leave and FMLA.
- An employee (male or female) on adoption of a child uses five days adoption leave (sick leave) and FMLA.
- An employee uses up to 40 hours (in accordance with employee’s FTE percent) Family Caregiving Leave (sick leave) and FMLA to provide care and necessary attention to an ill/injured family member.
The State of Iowa requires contract-covered Merit employees to use paid leave prior to unpaid leave.
Examples:
- Sick leave is used for personal illness followed by vacation then unpaid leave.
- Vacation is used after exhaustion of emergency medical leave followed by unpaid leave.
Contract-covered Merit employees may reserve two weeks vacation prior to using unpaid leave. All other faculty and staff may elect to use vacation, sick or unpaid leave for personal medical absence in any chronological order.