Employee leave may consist of paid leave accruals (ie sick leave and vacation), FMLA, unpaid leave as an accommodation under the ADA, or other as specified according to university policy and practice.

HR Representatives are responsible for assisting employees in understanding types of health-related absence, as well as how to apply accruals, monitor absence and communicate with employees and supervisors of necessary leave-related information, as well as manage any related medical documentation. Seek assistance from Senior HR Leadership and Faculty Staff Disability Services for questions regarding the information provided.

Employees earn leave accruals in order to remain in pay status when absent. Some leaves are concurrent, such as FMLA or parental leave with sick leave, vacation, or family caregiving leave. There are two categories of leave earned, vacation and sick leave, however they may be used for varying reasons described below.

Employees are encouraged, and in some cases required, to stay in paid status. Unpaid absence prior to exhaustion of leave accruals may not be considered reasonable and should be reviewed by the departmental HR Representative, with assistance from Senior HR leadership and/or FSDS prior to decision (Exception: FMLA unpaid). Please refer to any applicable collective bargaining agreements and/or Operations Manual policy for further information regarding requirements in use of accruals.

Sick leave is earned at 12 hours per month for all full-time employees (excluding academic faculty), as long as an employee is in paid status each day of the month, and accruals are pro-rated for those with less than 100% position appointment and those with at least one full work day in unpaid status. For more information regarding sick leave and possible FMLA eligible events, see the section titled FMLA.

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Vacation

Parental Leave

Adoption Leave

Employees are eligible for up to 5 days of adoption leave (taken from sick leave accrued) for activities related to placement of child in the home, typically occurring immediately following adoption.

Organ Donation/Bone Marrow Donation

Employees are eligible for paid leave for bone marrow donation, up to 5 working days, and organ donation, up to 30 days.

Organs are described as lung, liver, pancreas, kidney, intestine, or other organ that requires the continuous circulation of blood to remain useful for purposes of transplantation.

Other University Approved Leave Use

Family Medical Leave Act (FMLA)

The following are the responsibilities of the department in each event that may be eligible for FMLA. Refer to the index for further information regarding employee eligibility and qualifying health conditions, as this information is provided in more detail in other sections.

• If the employee is FMLA eligible, and there is not sufficient information to determine absence eligibility, the department must provide 15 calendar days to return the appropriate certification form. See templates and forms for the appropriate certification form. Include a job description or essential/marginal job function analysis to assist the healthcare provider in determining if leave is necessary or if restricted work is possible.

• If approved, the department must identify specific dates or duration and frequency approved, not to exceed December 31 of the current year. Any leave extending past 12/31 must be recalculated for eligibility the following year (exception: FMLA approval for rolling calendar year events such as FMLA bonding or military family member injury).

• If no information is provided within 15 calendar days, FMLA consideration should be denied.

• If the information is provided but insufficient, the department must provide seven additional calendar days to return additional information for consideration and identify what information is needed for further consideration. A highlighted copy of the health certification may be beneficial. If the information is still insufficient or is not received, FMLA should be denied with another Designation Notice.

• The department must notify an employee if a release to work must be provided before return to work, and this must be requested at the time of FMLA Designation, and identified on the Designation Notice. The completed release document is to be received up to two days prior to return to work. A release to work is required for hospitalizations, continuous absences of 10 days or more and may be required for other absences.

• The department is responsible for notifying employees prior to exhaustion of FMLA, paid sick/vacation accruals, and/or approved unpaid medical leave. Templates are available in the Templates/Forms section.

• In all circumstances it is the employing department’s responsibility to designate FMLA leave, identifying specific leave approval and pay status options to the Employee and Supervisor. Supervisor communication should only include information specific to approval/denial, duration/frequency of absence and payroll information. Multiple health conditions cab be numbered (ex: Condition 1, 2) for ease of supervisor tracking. Supervisors should not have access to diagnosis information, and should discourage return of medical documentation to anyone other than Human Resources.

• During FMLA leave the employee’s health insurance benefits are maintained, regardless of pay status, and the University continues its regular contribution to health insurance coverage. 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. Employees will not be reinstated if the term of the previously held position expired or if there has been a University approved lay off due to a reduction in force or reorganization during the period of absence. However, employees maintain the same rights with respect to such actions, absent the leave.
  
  

For basic information related to qualifying absence under FMLA, use the link titled FMLA Toolbox. Additionally, below are specific reasons for absence to consider in making a decision related to FMLA approval once employee eligibility has been determined.

Pregnancy/Childbirth

An eligible pregnant mother, spouse or partner (defined as spouse of the birth mother, either married or common law, or a domestic partner that is registered with UI Benefits), he/she is entitled to FMLA to:

• attend prenatal care appointments,
• care for a pregnant partner if she is incapacitated,
• be present at the birth of the child, care for a partner following the birth of the child, and to have bonding time with the child following the birth.
• Absence from work is typically a continuous leave. Once an employee returns to work, authorization from the department is required for a reduced schedule for bonding, as long as it is authorized within one year of birth.

If the employee is the eligible biological father of the child but not a spouse or domestic partner, he is entitled to FMLA absence for:

• birth of the child and
• bonding time with the child for up to one year following the birth.
• Only the spouse or registered domestic partner is entitled to take FMLA leave to care for an expecting or recovering mother following birth.
• FMLA for prenatal, birth, or recovery needs are based on calendar year eligibility. FMLA for bonding time is calculated on a rolling calendar year beginning with the child’s birth. For specific questions regarding calendar vs. rolling calendar year, contact Senior HR leadership or FSDS.
• If both employees work at the University of Iowa then they must share up to 12 weeks of FMLA for bonding time following birth, rather than receiving up to 12 weeks individually.
• A course is available on ICON for detailed information related to the parental leave policy, adoption leave, and overlap with Family Medical Leave Act (FMLA) is available by logging into Self Service, clicking on My Training, Available ICON courses, and then Parental Leave.

Adoption/Foster Care Placement

If eligible, employees are entitled to take FMLA absences for:

• Placement activities if the absence is required for the placement of the child to proceed.
• Employees are also entitled to take up to 12 weeks of FMLA for bonding with the child, and this is available for up to one year following the entrance of the child in to the home. Therefore, FMLA for bonding time is calculated on a rolling calendar year based on the date the child entered the home.
• Absence from work is typically a continuous leave. Once an employee returns to work, authorization from the department is required for a reduced schedule for bonding as long as it is authorized within one year of birth.
• If both employees work at the University of Iowa then they will share up to 12 weeks of FMLA for bonding time following birth, rather than receiving up to 12 weeks individually.
• Adoption leave may also be available and is concurrent with FMLA as applicable. See Types of Leave for more information regarding adoption leave.
• A course is available on ICON for detailed information related to the parental leave policy, adoption leave, and overlap with Family Medical Leave Act (FMLA) is available by logging into Self Service, clicking on My Training, Available ICON courses, and then Parental Leave.

If eligible, employees may be entitled to up to twelve (12) weeks of absence for incapacity and/or treatment for a covered health condition. Absence from work may be a continuous leave, reduced schedule, or intermittent. FMLA defines a health condition as:

• An illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.
• Other serious health conditions include incapacity and treatment, chronic conditions, permanent or long term conditions, or conditions requiring multiple treatments.
• Absence from work may be continuous or intermittent.
• Use the Health Certification Checklist, also available in templates and forms, to determine if there is sufficient information available to determine if the health condition is qualified for FMLA absence.

If eligible, employees may be entitled to up to twelve (12) weeks of FMLA to care for a spouse, parent, or child with a serious health condition. Absence from work may be a continuous leave, reduced schedule, or intermittent.

FMLA defines health condition in the same manner as an employee health condition

• an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.
• Other serious health conditions include incapacity and treatment, chronic conditions, permanent or long term conditions, or conditions requiring multiple treatments.
• Absence from work may be continuous or intermittent.
• Use the Health Certification Checklist, to determine if there is sufficient information available to determine if the health condition is qualified for FMLA absence.

Under FMLA eligible family members include:

• a spouse recognized by Iowa law for purposes of marriage including common law, domestic partners of the same and opposite gender registered with University Benefits;
• a parent, including, biological, step, adoptive, foster, or an individual that functioned as the parent;
• a son or daughter under the age of 18, including biological, adopted, step or foster child, or legal ward. Children over 18 with a disability may also be eligible. If a family member is not eligible for FMLA, please see family caregiving leave for additional considerations.

Military Family Member Injury

FMLA for this reason allows for up to 26 weeks of absence during a 12 month period to care for an Armed Forces family member who has a serious injury or illness incurred while on covered active duty.

• FMLA eligibility for this reason is calculated on a rolling calendar year basis, beginning with the need for absence.
• Absence can be a continuous leave, reduced schedule, or intermittent and is implemented concurrently with the twelve (12) weeks of leave to care for a spouse, child or parent, if applicable.
• If 12 weeks of FMLA has been exhausted for the calendar year, an eligible employee must still be granted up to 26 weeks of leave for this reason if medically necessary.

Under FMLA eligible family members include:

• a spouse recognized by Iowa law for purposes of marriage including common law, domestic partners of the same and opposite gender registered with University Benefits;
• a parent, including, biological, step, adoptive, foster, or an individual that functioned as the parent;
• a son or daughter under the age of 18, including biological, adopted, step or foster child, or legal ward. Children over 18 with a disability may also be eligible. If a family member is not eligible for FMLA, please see family caregiving leave for additional considerations.
• For military FMLA, next of kin may also be eligible, and is defined as the nearest blood relative other than the covered service member’s spouse, parent, or child.

For determination of a covered injury, the Health Certification Form, is completed by specific health care providers and is different than the standard family member health certification. A health certification will likely be needed to determine if the family member and injury is eligible for FMLA. Department HR Representatives should refer to Senior HR leadership and FSDS staff for assistance in approving this type of leave.

If eligible, employees may be entitled to up to twelve (12) weeks of FMLA for employees whose family member is called to active duty or is currently serving in active duty. No illness or injury is required under the Exigency Leave provision.

Under FMLA eligible family members include:

• a spouse recognized by Iowa law for purposes of marriage including common law, domestic partners of the same and opposite gender registered with University Benefits;
• a parent, including, biological, step, adoptive, foster, or an individual that functioned as the parent;
• a son or daughter under the age of 18, including biological, adopted, step or foster child, or legal ward. Children over 18 with a disability may also be eligible. If a family member is not eligible for FMLA, please see family caregiving leave for additional considerations.
• For military FMLA, next of kin may also be eligible, and is defined as the nearest blood relative other than the covered service member’s spouse, parent, or child.

Eligible absences must meet one of the following seven criteria:

• Notice of deployment,
• military events and related activities,
• childcare and school activities,
• financial and legal arrangements,
• counseling,
• rest and recuperation, and
• post-deployment activities.

This type of FMLA is not intended to cover the need for childcare on a routine, everyday basis, however may include arranging alternative child care. Department HR Representatives should refer to Senior HR leadership and FSDS staff for assistance in approving this type of leave.

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