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Family and Medical Leave Act (FMLA) Policy
The Family and Medical Leave Act
(FMLA), effective
August 5, 1993,
entitles eligible employees to up to twelve weeks of
unpaid leave for
the birth, adoption or foster placement of a child; for a serious
health condition of the employee; or for an employee to care for the
employee’s family member with a serious health
condition. Kansas
State University has developed this policy to outline both the
employee’s and the University’s rights and obligations under
FMLA
and
state law. This policy should be construed and applied in a manner
consistent with Kansas law, FMLA and federal
regulations implementing
FMLA. For purposes of this policy, "University
employee"
or "employee" shall mean an individual employed by the
University, regardless of geographical location, who is eligible to
receive state benefits. "Family member" shall mean a
spouse, parent, son or daughter, as defined by 29 C.F.R. Sec. 825:
- Spouse means a husband or wife as defined or recognized under
State law for purposes of marriage, including common law marriage in
States where it is recognized.
- Parent means a biological parent or an individual who stands
or stood in loco parentis to an employee
when
the employee was a child. This term does not include parents
"in law".
- Son or daughter means a biological, adopted, or foster
child, a stepchild, a legal ward, or a child of a person standing
in loco parentis, who is either under age
18, or
age 18 or order and incapable of self-care because of a mental or
physical disability.
- Eligibility for leave under FMLA will be determined
as
follows:
- For unclassified employees, (i)the employee has been
employed by the University, another Regent’s institution, or another
Kansas state agency, for at
least twelve months prior to commencement of
leave; AND (ii)the employee has worked for the University, another
Regent’s institution, or another Kansas state agency, at least 1,250
hours for the twelve months immediately preceding the
date leave begins;
- For classified employees, (i)the employee has been
employed by the state for at least twelve months prior to commencement
of leave; AND (ii)the employee has worked for the state at least
1,250 hours for the twelve months immediately preceding the date leave
begins.
- Eligible University employees are entitled to unpaid leave
for up to twelve workweeks in a twelve-month period for the birth of a
child, the placement of a child for adoption or foster care, the
serious health condition of a family member of the employee, or the
employee’s serious health condition. The twelve-month period will
be measured forward from the first date that FMLA leave is
taken. The
next twelve-month period would begin the first time
FMLA leave is
taken after completion of any previous twelve-month period.
Entitlement for eligible employees who work less than full-time will
be prorated.
Spouses employed by the same employer are limited to an aggregate of
twelve workweeks of FMLA leave per twelve-month period
for the birth,
adoption or foster place of a child or the care of a parent with a
serious health condition.
- University employees are required to use all accrued paid leave
toward the twelve weeks of FMLA leave to which they are
entitled.
Accrued leave usage is accounted for as follows:
- exempt employees — in half-day or full-day increments.
- non-exempt employees — in one-quarter hour increments.
- When requesting FMLA leave, eligible employees
shall give as much
advance notice as feasible, and when possible, at least thirty (30)
days notice. Requests for FMLA leave must be made to
the employee’s immediate supervisor. Leave with or without pay than
an
employee uses that is FMLA-qualifying is counted against the
employee’s 12-week entitlement, even if the employee does not
request
leave
under
FMLA.
- Intermittent or reduced leave shall be subject to prior approval
by the employee’s division or department head AND the Assistant
Vice President of Human Resources for classified employees or
the Provost for
unclassified employees. Approval shall be granted for intermittent or
reduced
leave for a serious health condition of the employee or the
employee’s family
member.
- When FMLA leave is taken on an intermittent or reduced
leave schedule, the FMLA entitlement is measured
as follows:
- exempt employees — in half-day or full-day increments.
- non-exempt employees — in one-quarter hour increments.
- When an employee is granted intermittent leave
or reduced leave, the employee may be required to accept a temporary
transfer to an available alternative position for which the employee is
qualified and which better accommodates recurring periods of leave than
does the employee’s regular position. Transfer to an
alternate position may include altering an existing job to better
accommodate the
employee’s need for intermittent or reduced leave.
- The eligible employee requesting FMLA leave due to
a serious health
condition or a family member’s serious health condition may be
required to
provide medical certification by a
health care provider.
- The University may require periodic medical certification during
any FMLA leave and may designate health care
providers to furnish second and third opinions, at the
University’s expense.
- The University may require an employee on FMLA leave to submit
medical certification that the employee is able to return to
work.
- Group health insurance at the same level of contributions and
benefits as was provided prior to the FMLA leave will continue
for the duration of the leave. Any share of health plan premiums
which were paid by the employee prior to FMLA leave
must continue to be paid by the employee while on leave. Premiums are
due on the first day of each pay period. If the employee does not pay a
premium when due, coverage may be terminated.
- Upon return to work from FMLA leave, the employee
shall be returned to the same or equivalent position. A University
employee may not accrue additional benefits, such as sick or annual leave,
during a period of unpaid leave.
- Faculty holding tenure-earning appointments may be eligible for a
delay in the tenure clock. For further information, see Sections
C82.5 - C82.9 of the Faculty Handbook.
For further information regarding provisions
of this policy and its implementation, please
contact:
Unclassified: - Director, Office of Academic
Services;
Classified: - Assistant Vice President, Division of Human
Resources.
Who Pays: The university pays the employee’s
salary
if
the
employee is in paid leave status; otherwise, the employee is on leave
without pay.
Forms:
Related KSU
Policy and Procedures Manual Chapters:
Related Links:
Other Leave Programs
forms.