UI Faculty Leave Policies: UI Faculty Leave Policies: Self and FamilySelf and Family

Jan Gorman, DirectorJan Gorman, DirectorHR Faculty/Staff Disability ServicesHR Faculty/Staff Disability Services

Lori Cranston, HR ManagerLori Cranston, HR ManagerProvost HRProvost HR

June 15, 2006June 15, 2006

Leave PoliciesLeave Policies

FMLAFMLA Biological Birth and RecoveryBiological Birth and Recovery AdoptionAdoption Foster CareFoster Care

FMLA FMLA

Requires employers to designate Requires employers to designate qualifying leave as FMLA. qualifying leave as FMLA.

FMLA covers several types of FMLA covers several types of events that when eligible include, events that when eligible include, – faculty member’s illness, faculty member’s illness, – family member’s illness, andfamily member’s illness, and– child’s entry in the home. child’s entry in the home.

ImplementationImplementation

NoNo faculty employee is required to faculty employee is required to request “FMLA Leave” request “FMLA Leave”

The department must determine The department must determine whether FMLA applies and give whether FMLA applies and give written notice to faculty memberwritten notice to faculty member

FMLA: ObjectiveFMLA: Objective

Authorized leave without Authorized leave without ramificationramification

FMLA BenefitFMLA Benefit

Absence is protectedAbsence is protected– Employer must grant the leaveEmployer must grant the leave– Faculty return to his/her position or Faculty return to his/her position or

equivalent with same benefit equivalent with same benefit – Health insurance is maintained Health insurance is maintained

during any period of unpaid leaveduring any period of unpaid leave

FMLA: FMLA: Faculty EligibilityFaculty Eligibility

Must have worked for the UI an Must have worked for the UI an aggregate of 12 months in any aggregate of 12 months in any paid capacitypaid capacity

Must have worked at least 1,250 Must have worked at least 1,250 actual hours during the preceding actual hours during the preceding 12 months12 months

FMLA: FMLA: Determining EligibilityDetermining Eligibility 9-month appointment: 9-month appointment:

– Hours worked in most recent 12 months Hours worked in most recent 12 months (spring and fall semesters)(spring and fall semesters)– Plus summer appointment hoursPlus summer appointment hours– Less hours charged to absencesLess hours charged to absences

12-month appointment:12-month appointment:– Hours worked in most recent 12 monthsHours worked in most recent 12 months– Less hours charged to absencesLess hours charged to absences

FMLA: FMLA: Amount of Leave Amount of Leave AvailableAvailable 12 weeks each calendar year for 12 weeks each calendar year for

each eligible faculty membereach eligible faculty member

– Reduced by FMLA leave used Reduced by FMLA leave used for Child’s Entry to the Homefor Child’s Entry to the Home

FMLA: FMLA: Type of Leave AvailableType of Leave Available

Continuous or intermittent leave Continuous or intermittent leave (Intermittent must be arranged with (Intermittent must be arranged with employer)employer)

Examples:Examples:– 12 weeks of continuous leave12 weeks of continuous leave– Intermittent days/hours for recovery or Intermittent days/hours for recovery or

treatment that requires teaching absencetreatment that requires teaching absence– Reduced work scheduleReduced work schedule– Possible reduction of effort allocationPossible reduction of effort allocation

Care for Spouse, Child or Care for Spouse, Child or ParentParent

Care and psychological comfortCare and psychological comfort Biological parent or one who Biological parent or one who

functioned as parentfunctioned as parent Biological/foster/step childBiological/foster/step child Excludes in-laws, grandparents, Excludes in-laws, grandparents,

most adult childrenmost adult children

Employee’s Serious or Employee’s Serious or Chronic Health ConditionChronic Health Condition

Inpatient care orInpatient care or Absence of more than three consecutive Absence of more than three consecutive

days and medical treatment ordays and medical treatment or Intermittent absences/chronic condition Intermittent absences/chronic condition

– periodic visitsperiodic visits

– extended periodextended period

– episodic/intermittent/reduced scheduleepisodic/intermittent/reduced schedule

FMLA: Pay Status FMLA: Pay Status During LeaveDuring Leave FMLA is unpaid leaveFMLA is unpaid leave

The University implements The University implements benefit leave policies benefit leave policies concurrently with FMLAconcurrently with FMLA

Documentation: Documentation: Health CertificationHealth Certification

Departments should obtain health Departments should obtain health certification (Use Form)certification (Use Form)– Explains medical need for leave. Explains medical need for leave. – Explains type of leave event-family, Explains type of leave event-family,

selfself– Duration of leave.Duration of leave.– Frequency of absences (intermittent).Frequency of absences (intermittent).

(Use Health Certification Guidelines)(Use Health Certification Guidelines)

Documentation:Documentation: Release to WorkRelease to Work

Release to work is required for Release to work is required for absences of 10 consecutive days absences of 10 consecutive days or more (use form).or more (use form).

Information is limited to ability to Information is limited to ability to perform essential functions of the perform essential functions of the job.job.

CommunicationCommunication

Limited between employee and Limited between employee and employer (weekly).employer (weekly).

Employers cannot have direct Employers cannot have direct communication with treating communication with treating practitioner regarding the leave.practitioner regarding the leave.

After the LeaveAfter the Leave

Restored to same or equivalent Restored to same or equivalent position.position.

Restored to benefits for which Restored to benefits for which employee was eligible prior to leave.employee was eligible prior to leave.

Renewing FMLARenewing FMLA

On exhaustion of current Health On exhaustion of current Health CertificationCertification

AnnuallyAnnually

Charging Absence to Charging Absence to FMLAFMLA

Following designation of absence Following designation of absence as FMLAas FMLA

Scenario: Scenario: Faculty Member’s IllnessFaculty Member’s Illness

Your 9 month faculty member has MS and Your 9 month faculty member has MS and is absent from work for medical is absent from work for medical appointments. He may need to have leave appointments. He may need to have leave the full spring semester.the full spring semester. What leave might is available?What leave might is available? What documentation is required from What documentation is required from himhim and you?and you? What do you need to communicate to What do you need to communicate to him him and when? and when?

Scenario: Scenario: Caring for an Caring for an Elderly Parent -- Long Distance Elderly Parent -- Long Distance CaregivingCaregiving

Your 9 month faculty member has an aging, single Your 9 month faculty member has an aging, single parent living outside of the Iowa City area. The parent parent living outside of the Iowa City area. The parent has been diagnosed with cancer and will be receiving has been diagnosed with cancer and will be receiving chemotherapy treatments for one month. The chemotherapy treatments for one month. The treatments will cause the parent to become ill and treatments will cause the parent to become ill and weak. Care is needed. The faculty member is weak. Care is needed. The faculty member is teaching 2 classes, writing an article and advising 2 teaching 2 classes, writing an article and advising 2 students who are in the preparation stages of their students who are in the preparation stages of their dissertations.dissertations.

Problem solve this situation:Problem solve this situation:What leave is to be used?What leave is to be used?What documentation is to be completed and shared? What documentation is to be completed and shared? What communication must be conducted? What communication must be conducted?