Human Resources: Benefits
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Family Medical Leave Act
Bowling Green State University understands the importance of family issues in today's workforce. Provided is information regarding the Family Medical Leave Act of 1993 (FMLA), should an employee find it necessary to take leave to address certain obligations or his/her own serious health condition. FMLA provides eligible faculty and staff with up to 12 work weeks of leave during any 12-month period.
Any medical leave of absence that is over three days in duration, requires hospitalization or is related to a chronic, re-occurring condition will run concurrently with the Family Medical Leave Act, as long as proper medical documentation is provided.
To be eligible for Family Medical Leave, all three of the following criteria must be met:
- Worked at least 12 months for BGSU
- Worked at least 1250 hours for BGSU during the 12 months prior to commencement of leave; and,
- Work at a location where BGSU has at least 50 employees within 75 miles.
Circumstances That May Qualify for Family Medical Leave
Family Medical Leave may be granted for one or more of the following reasons:
- For the birth of a child, to care for a newborn child;
- Placement of a child for adoption or foster care;
- To care for an immediate family member (employee's spouse, child or parent) who has a serious health condition.
- To take medical leave when the employee is unable to work because of a serious health condition.
- Military Service members and family
Definition of Family Member
A family member is defined in the 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 over 18 who is incapable of self-care because of a mental or physical disability. A "parent" is any individual who assumed day to day and financial responsibility for the employee when the employee was a child.
Definition of Serious Health Condition
- A serious health condition is defined as an illness, injury, impairment or physical or mental condition that involves a period of incapacity or treatment following in-patient care in a hospital, hospice or residential medical care facility;
- A period of incapacity requiring more than three days absence from work and continuing treatment by a health care provider;
- Continuing treatment by a health care provider for a chronic or long-term health condition that is so serious that, if not treated would likely result in incapacity of more than three days;
- Continuing treatment by or under the supervision of a health care provider of a chronic or long-term condition or disability that is incurable;
- Pre-natal care;
- Absences to receive multiple treatments for restorative surgery or for a condition which will likely result in a period of incapacity of more than three days if not treated.
Length and Duration of Leave
If eligible, an employee may receive up to 12 work weeks of unpaid leave during any "rolling" 12 month period. Family Medical Leave may be taken all at once, intermittently or on a reduced-leave schedule. Intermittent time away from the job may be taken hourly, daily or at weekly intervals. Circumstances under which leave may be taken on an intermittent basis are when it becomes medically necessary for the employee to care for a seriously ill immediate family member, or have follow-up treatment (office visits, therapy, etc) related to his or her own serious health condition. Arrangements for intermittent leave should be coordinated with the employee's supervisor to prevent the least amount of disruption as possible, to the work schedule.
Employees are limited to a maximum of 12 work weeks of leave (except Military) for any of the qualifying reasons. An employee cannot take 12 weeks for parental leave and 12 weeks for personal medical leave during the same 12-month period under FMLA. If Family Medical Leave is for birth, adoption, or foster care placement, the leave must be completed within 12 months of the date of birth or placement.
Using Accrued Paid Time Off
An employee may elect to substitute accrued unused sick leave, personal leave, vacation or compensatory time during approved Family Medical Leave, but is not required to do so. Scattering of time (using some leave without pay along with sick or vacation pay) can extend an employee's paid status during approved leave.
An Employee's Obligation to Provide Notice and Medical Certification
When requesting Family Medical Leave, an employee must provide the Office of Human Resources with:
- 30 days advance notice of the need to take leave , if the leave is foreseeable. If the leave is not foreseeable , or 30 days is not possible under the circumstances, notice should be given as soon as practical (within one or two days of when the employee becomes aware of the need for leave) .
- Medical certification supporting the need for leave due to a serious health condition (within 15 days of notice).
- Periodic reports from provider (as BGSU may deem appropriate or necessary) regarding status and intent to return to work.
Health Care Benefits While on Leave
If an employee participates in the BGSU group health plan, BGSU will continue to pay its share of premium payments to maintain his/her coverage during approved leave. If an employee is in a paid status, deductions for health care will continue to be taken from his/her check. If leave is unpaid, please refer to the appropriate handbook, based on your employee classification:
Exhaustion of FMLA Leave
If employee is unable to return at the exhaustion of his/her FMLA entitlement, he/she may have other leave options that will cover the absence after the 12 week period (except Military) and are encouraged to contact the Office of Human Resources regarding those options. In accordance with the Family Medical Leave Act, the employee's job may be released, depending on the needs of the department, or if all accrued time to cover the absence has been exhausted.
Time Away from the Job (if not eligible for Family Medical Leave)
If an employee does not qualify for Family Medical Leave, but may need time away from the job due to an immediate family member's or his/her own serious health condition, he/she will need to contact the Office of Human Resources regarding other University leave policies that may apply.
Employees should recognize that Family Medical Leave is only intended to cover serious health conditions - generally those which involve more than three days incapacity from work or school, hospitalization, or chronic long-term, incurable conditions. Employees who wish to take leave to care for family members with non-serious health conditions are not covered by this policy. Employees can use their sick leave, vacation or personal leave for non-serious health conditions, subject to the requirements of those policies, including scheduling and increments of leave. The granting of unpaid leave for non-serious health conditions is covered in the employee handbooks.
Requesting Family and Medical Leave
If you plan on taking Family and Medical Leave, you should notify your supervisor or Department Chair. In addition, you must complete the required forms and return them to the Office of Human Resources, #100 College Park. These forms must be completed regardless of the type of time you are taking (sick leave, vacation, compensatory time or leave without pay). The following forms are available:
- Request for Family Medical Leave (to be completed by employee)
- Certification for Family and Medical Leave (to be completed by Health Care Provider)
Certification of Health Care Provider for Employee's Serious Health Condition
Certification of Health Care Provider for Family Members Serious Health Condition
- Leave Tracking For for Reduced Work Schedule or Intermittent Leave (to be completed by employee)
- Return to Work form (to be completed by health care provider)
- Leave to care for covered Military Service Member
Additional information regarding Family Medical Leave Act may be found in the Administrative Staff Handbook and the Classified Staff Handbook, or by contacting the Office of Human Resources at #100 College Park Office Building, Phone (419) 372-8422.
|Office of Human Resources|
|1851 N. Research Drive|
|(419) 372-8421 | Fax: (419) 372-2920|