Family Medical Leave

Publication: Faculty Handbook, Staff Handbook

Policy Statement

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

• Twelve workweeks of leave in a 12-month period for:
  • the birth of a child and to care for the newborn child within one year of birth;
  • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • to care for the employee’s spouse, child, or parent who has a serious health condition;
  • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
  • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
• Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

Policy Procedures

Staff Eligibility

An employee must be routinely scheduled for twenty-five or more hours per week to be eligible and must have worked for Carolina University for at least twelve months.

In order to qualify as having a serious illness, the employee, or the person for whom the employee is intending to provide care, must be required to stay at least one night in the hospital or require continuing treatment by or under the supervision of a medical doctor or other appropriate health care worker.

A certification from the medical doctor is required for the employee’s personal illness and must include the date the problem began, an assessment of the need for hospitalization, and a statement that the employee cannot perform the functions of his/her particular job.

The potential leave – maximum twelve weeks* – will be without pay, unless the employee has accumulated PTO or unless the employee’s illness qualifies for the Extended Illness policy previously described. In such cases, paid time will be applied first and will count as part of the maximum twelve weeks leave time. Holidays occurring during the period of leave will not be granted. Any loss of time or reduction of normal work hours will be counted as part of the potential twelve weeks leave.

In the event of childbirth, either parent may be granted leave, but only one may be granted the leave if both are employed by the University.

The employee taking the leave will be granted his/her same job or an equivalent one upon his/her return. His/her pay will not be reduced unless there has been a general reduction during his/her absence.

The University will continue to pay its share of health-benefit costs while the employee is on leave, however, the employee must maintain his/her timely contribution to the health insurance plan and to any other plans which the employee normally contributes in order for them to remain in force. The University will maintain its normal contributions to any plan that was in force at the time of leave, but it will not pay for any portion of the employee’s obligation.

The employee is requested to provide a thirty-day notice of any intent to take a family or medical leave, if foreseeable.

Faculty Eligibility

For faculty employed for at least 12 months who have worked 1,250 hours during the 12 months prior to leave, up to 12 weeks of unpaid leave of absence during a 12-month period for certain faculty or medical reasons. These reasons are (1) the birth or placement for adoption or foster care of a child; (2) the employee's own serious health condition; or (3) to care for a spouse, child, or parent with a serious health condition.

Compliance

Federal

Family and Medical Leave Act