Family and Medical - FMLA Leave

Academic Disability refers to the Academic Disability Program.

A current member of or member on the temporary disability retired list of the Armed Forces, including the Regular Armed Forces and National Guard or Reserves. This term also includes any veteran who was discharged or released under conditions other than dishonorable up to five years prior to the start date of FMLA leave. 

Faculty, staff, graduate assistants, and student employees who have: a) worked at the University a minimum of 12 months and b) worked at least 1,250 hours in the 12 months prior to starting the leave. Note that all paid time is counted toward these eligibility requirements.

A biological, adoptive, step or foster parent or an employee who stands or stood in loco parentis to an Eligible Employee when the Eligible Employee was a child.

The Eligible Employee’s biological, adopted, or foster child, stepchild, legal ward, or a child by virtue of the Eligible Employee standing in loco parentis who is either under the age of 18 or age 18 or older and incapable of self-care because of a mental or physical disability at the time that FMLA leave is to commence. For FMLA leave related to Qualifying Exigency for Military Caregiver, the child may be of any age and capacity of self-care is inapplicable.

The Eligible Employee’s spouse as recognized by state law where the marriage took place.

A job that is virtually identical to the original one in terms of pay, benefits, and other employment terms and conditions.

Includes Eligible Employee’s Parent, Eligible Employee’s Child or Eligible Employee’s Spouse.

Twenty-six work weeks of leave during a single 12-month period to care for a Covered Service Member with a serious injury or illness if the Eligible Employee is the Covered Service Member’s spouse, son, daughter, parent, or next of kin.

Parental Leave refers to the Parental Leave Policy.

One of the following situations where an Immediate Family Member (a) is deployed to a foreign country as a member of the Regular Armed Forces or (b) is on or receives a federal call to active duty status to a foreign country as a member of the Reserves or a retired member of the Regular Armed Forces or Reserves:

• Short-notice deployment activities (limited to seven calendar days of FMLA leave): to address any issues arising from the impending call or order to active duty if the military service member receives seven or less calendar days’ notice prior to the date of deployment;
• Military events and related activities: to attend any official military-sponsored ceremony, program, or event or certain family support or assistance programs and informational briefings related to the call or active duty;
• Childcare and school activities of the military service members’ child: to make alternative childcare arrangements, to provide childcare on an urgent, immediate need basis, to enroll in or transfer schools or daycare facilities, and/or to attend meetings with school or daycare staff;
• Financial and legal arrangements: to make or update financial or legal arrangements to address the military service member’s absence and/or to act as the military service member’s representative before a federal, state, or local agency for purposes of obtaining, arranging, or appealing military service benefits;
• Counseling activities: to attend counseling provided the need arises from the call to or active duty status, it is provided by someone other than a healthcare provider, and it is for the Eligible Employee, the military service member, or the service member’s child;
• Rest and recuperation activities (limited to five workdays per instance): to spend time with the military service member who is granted short-term, temporary rest and recuperation leave;
• Post-deployment activities: to attend military-sponsored, official ceremonies or programs or to address issues that arise from the death of the military service member while on active duty status; and/or
• Additional activities: to address other issues provided the need arises out of the military service member’s call to or active duty status and the University and supervisor/responsible administrator agree that the leave is considered Qualifying Exigency and upon the timing and duration of the leave.

• The birth of a son or daughter or placement of a son or daughter with the employee for adoption or foster care;
• Caring for a spouse, son, daughter, 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; or
• Any Qualifying Exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.

A “rolling” 12-month period measured backward from the date an employee begins FMLA leave.

An illness, injury, impairment, or physical or mental condition that involves one of the following:

• Hospital Care: Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.
• Absence Plus Treatment: A period of incapacity of more than three consecutive, full calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:
  • Treatment two or more times, within 30 days of the first day of incapacity, unless extenuating circumstances exist, by a healthcare provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider, or
  • Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
• Pregnancy: Any period of incapacity due to pregnancy or for prenatal care.
• Chronic Conditions Requiring Treatments: A chronic condition which
  • Requires periodic visits (at least twice a year) for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider; and
  • Continues over an extended period of time (including recurring episodes of a single underlying condition); and
  • May cause episodic rather than a continuing period of incapacity (e.g. asthma, diabetes, epilepsy, etc.)
• Permanent/Long-Term Conditions Requiring Supervision: A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.
• Multiple Treatments (Non-Chronic Conditions): Any period of absence to receive multiple treatments (including any period of recovery) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive, full calendar days in the absence of medical intervention or treatment such as cancer (chemotherapy, radiation, etc.) severe arthritis (physical therapy), kidney disease (dialysis).