Family and Medical - FMLA Leave

What is the maximum leave time allowed under an FMLA leave?

Typically, an Eligible Employee has a total of 12 unpaid weeks for all FMLA leaves in a 12-month period. However, if the FML is to act as a caregiver for a military family member, the Eligible Employee could have a total of 26 unpaid weeks in a single 12-month period.

How is the 12-month period calculated? 

The 12-month period for FMLA leave is a rolling 12-month period measured backward from the date an employee takes leave. If an employee begins FMLA leave on November 1st, the employee’s available FMLA leave is 12 work weeks less any FMLA leave used in the previous 12 months.

How does the FMLA leave eligibility apply to student employees, graduate assistants, and professionals-in-training (95xx job codes)?

Student employees, graduate assistants, and professionals-in-training (95xx job codes) are eligible for FMLA leave, provided they meet the eligibility requirements.

When should an Eligible Employee request an FMLA leave?

Employees should request FMLA leave after being out for more than 3 consecutive days of work with a serious health condition. You can also request a leave ahead of time if you know you will be out of work more than 3 days due to a serious health condition.

Can an employee request sick leave or vacation for a serious health condition and NOT count this toward the 12-week FMLA period?

No. If the employee meets the criteria for FMLA leave and the leave is for an FMLA-qualifying reason, then it is designated as and counted as FMLA leave.

Is FMLA leave determined by weeks or days or portions thereof? For example, if an employee is on a 50 percent time appointment and begins a FMLA leave, is the FMLA leave period 12 weeks or 24 weeks?

The FMLA leave period is defined specifically as 12 weeks, regardless of how many hours per week the employee works. 

How do you calculate intermittent FMLA leave?

Intermittent FMLA Leave is counted in hours. As an example, an Eligible Employee with a 100 percent time appointment who is on intermittent FMLA leave is entitled to the hour equivalent of 12 weeks at 100 percent time (480 hours). 

How is FMLA usage counted during holiday weeks?

A holiday during a full week of FMLA leave has no effect; the week is still counted as one week of FMLA leave. If the Eligible Employee works any part of a workweek during which a holiday falls, the holiday does not count as FMLA leave unless the Eligible Employee was scheduled to work on the holiday.

To what position does the Eligible Employee return upon coming back from a FMLA leave?

Under FMLA, an Eligible Employee is usually guaranteed to return to the same or a similar position, unless the position was eliminated. If the Eligible Employee cannot perform an essential function of the job when the leave ends, they do not have the right to return to that position under FMLA. In these cases, the employee should notify HR prior to the return to work date to determine next steps. 

Is it permissible to transfer an Eligible Employee to another position during an FMLA leave?

The University may temporarily transfer an Eligible Employee to an alternative position in order to accommodate intermittent leave or leave on a reduced schedule that is foreseeable based on planned medical treatment. The Eligible Employee must be qualified for the alternative position, and the position must provide equivalent pay and benefits. 

What happens if the Eligible Employee’s appointment ends while the individual is on FMLA?

If an Eligible Employee's appointment ends while on FMLA, the leave ends as of the last day of the appointment.

Do temporary employees have any rights under FMLA?

Temporary employees have the same eligibility requirements as all other employees. If the temporary appointment expires or the position is eliminated during the leave, the temporary employee's employment will be terminated and the leave will end on the last day of the appointment.

Does the University of Minnesota contribute towards medical and dental coverage during a FMLA leave?

Yes, if an Eligible Employee was eligible for University contributions for health premiums immediately prior to the leave, the University will continue to contribute its share during FMLA leave.

May an Eligible Employee drop medical and dental insurance coverages during unpaid FMLA leave?

Yes, an Eligible Employee may drop medical and dental insurance coverages during an unpaid FMLA leave. Coverages will be reinstated upon return to active employment. If the leave extends beyond approved FMLA leave and lasts longer than 12 months, coverage(s) may be reinstated with a new election or at the next available open enrollment. 

May an Eligible Employee drop optional life and disability insurance coverages during unpaid FMLA leave? 

Yes, an Eligible Employee may drop optional life and disability insurance coverages during an unpaid leave. Coverages will be reinstated upon return to active employment. If the leave extends beyond approved FMLA leave and lasts longer than 12 months, coverage(s) may be reinstated with evidence of good health or at the next available open enrollment. If the Eligible Employee chooses not to continue life or disability coverage, and subsequently should die or become disabled when coverages are not in force, no benefits are payable for that disability or death.

What happens if an Eligible Employee gives notice of intent not to return? Are their benefits terminated?

Yes, as long as the notice is "unequivocal." One form of an unequivocal notice is when the Eligible Employee submits a written letter of resignation. The individual has the option to continue coverage through COBRA following termination of employment.

Can an employee be placed on FMLA leave if the employee fails to request the leave?

Yes, if the employee meets the eligibility requirements and has qualifying circumstances, they may be placed on FMLA leave.

In the event that an Eligible Employee is unable to communicate their status to the University, can a family member do so in their place?

Yes, as long as the Eligible Employee provides sufficient authorization for the family member to do so, absent extenuating circumstances.

If an Eligible Employee is unable to work due to a work-related injury, does FMLA apply during the absence?

Yes, as long as the reason and timeframe meet the FMLA requirements.