“Family
and Medical Leave Act” of 1993
Prepared by the UAMS Office of Human Resources
The Family and Medical
Leave Act of 1993 ("FMLA") is a federal law that took effect August
5, 1993. You should become familiar
with this piece of legislation, as it could affect you.
FMLA is intended to promote a healthy balance between work and family
responsibilities.
FMLA entitles eligible employees to 12 weeks of unpaid leave per year
for the birth or
adoption of a child, to care for
a family member, or for the employee's own serious illness.
Following are typical questions about FMLA. If you have additional questions, please
talk to your supervisor or contact the Office of Human Resources at 686-5650.
Which
employees are "eligible" to take leave under FMLA?
To be eligible, you must have worked for UAMS for at least one year, and in the 12-month period prior to start of your FMLA leave, you must have worked at least 1,250 hours. Accordingly, if you have one year of service at an Arkansas State Agency and worked 25 hours or more each week during the entire prior year, you are eligible for FMLA leave.
Under what circumstances may I be granted FMLA leave?
You are entitled to FMLA leave for the birth of a child and to care for the newborn; for the placement of a child for adoption or foster care; to care for a seriously ill parent, spouse or child; and when your own serious health condition causes you to be unable to work.
What is a "serious health condition"?
FMLA defines a serious health condition as one which requires either inpatient care or continuing treatment by a health care provider. The definition is not meant to cover short-term conditions where treatment and recovery are brief. Examples of serious health conditions include heart attacks, most cancers, back conditions requiring extensive therapy or surgical procedures, strokes, appendicitis, severe arthritis, injuries caused by serious accidents, ongoing pregnancy, severe morning sickness, the need for prenatal care, childbirth, and recovery from childbirth. Voluntary or cosmetic treatments and routine physical examinations are not included.
How much FMLA leave am I entitled to?
Eligible employees are entitled to 12 work weeks of leave during any 12-month period.
Are husbands entitled to FMLA leave for the birth of their children?
Yes, the law is gender-neutral. Both women and men are entitled to take family or medical leave, if otherwise eligible.
My husband and I both work at UAMS. How much FMLA leave may we take for the birth of our child?
During any 12-month period: you may both take a combined total of 12 weeks for the birth of a child; you may both also take 12 weeks combined to care for a parent who is seriously ill; you are each entitled up to 12 weeks apiece to care for your spouse or child who is seriously ill, or for your own serious illness.
Example: Both Mary and Bob work at UAMS. Mary gives birth to a child and takes 8 weeks of leave. Bob is entitled to take 4 weeks of family leave to care for the newborn child.
Doesn't UAMS have a policy where I can ask for up to six months' leave of absence without pay?
Yes, UAMS does have a policy which allows you to request a leave of absence for up to six months. However, because FMLA only provides 12 weeks of leave, any leave you request beyond 12 weeks may be approved at the discretion of your department. That decision would be based on your department's ability to adequately conduct business during your absence and their ability to hold your position open for you for the duration of your leave.
What if I need
to take FMLA leave, but only for 2 weeks, not 12 weeks?
You may request FMLA leave for any period less than, and up to, 12 weeks.
Does FMLA
leave have to be taken all at once, or can it be taken in parts?
You may take FMLA leave in parts, or "intermittently", for the birth or adoption of a child only with your supervisor's approval. You may take intermittent leave to care for a seriously ill family member or to care for your own serious illness whenever "medically necessary". There is no minimum amount of leave you may take, but you must try to schedule foreseeable leave in advance.
Example: Barry wants to take leave due to the birth of his daughter. He wants to go from an 8-hour, 5 days a week schedule to a 10-hour, 3 days a week schedule. Under FMLA, Barry must obtain his employer's agreement to the reduced schedule.
Example: Jean's 10-year-old son is in an accident and will be at home and under a doctor's care for 2 weeks. If otherwise eligible, Jean may elect to work on a reduced leave schedule for the 2 weeks.
Is FMLA leave
paid or unpaid?
It depends on whether or not you have an available balance of vacation or sick leave. If you do, then that paid leave time runs concurrent with your FMLA leave. When your leave balance runs out, the remainder of your FMLA leave would be without pay. Also please remember that sick leave can only be used for your illness or doctor's appointment, or for the serious illness of an immediate family member. Accordingly, a new father would only be able to use his sick leave for the actual birth of his child, or if the mother or child were seriously ill -- not for the "bonding" time afterwards.
How much notice do I give for an FMLA leave of absence?
Where the necessity for leave is foreseeable due to the expected birth or placement of a child, or planned medical treatment, you must provide at least 30 days' notice. In cases where you cannot provide 30 days' advance notice, such as a premature birth or a medical emergency, you must give notice as soon as practical, usually within one or two days. A family member may provide notice if you are unable to do so because of your medical emergency.
Do I have to provide a doctor's statement?
Your supervisor may ask that you provide medical certification at the time you request leave. If so, you will be allowed a reasonable time to provide this certification, usually within two weeks.
What happens to my medical insurance while I'm on leave?
You may continue your medical and other insurances while you are on FMLA leave by continuing to pay your portion of the premiums. UAMS will likewise continue to pay it's share of the premiums. You will need to advise the Office of Human Resources (686-5650) of your plans to take FMLA leave, so that arrangements can be made to continue your insurance while you are on leave of absence without pay.
Example: Kevin is a full-time UAMS employee, so UAMS pays 60% of his medical insurance premium. His coverage will continue while he is on FMLA leave as long as he continues to pay the other 40%. If Kevin exhausts his 12-week FMLA leave and his department grants him a regular leave-of-absence, then he would need to pay 100% of the premium (the portion he had been paying plus the University’s portion) in order to keep his insurance.
What happens to my other employment benefits while I'm on FMLA leave?
No employment benefits that accrued before the date leave began can be lost. Hire dates, review months and retirement vesting dates will remain the same as before going on leave.
What happens when my leave is completed and I'm ready to return to work?
You will return to your job with the same pay, benefits and work hours. During the time you are on leave, your department may need to fill your position on a temporary basis, or restructure the work. That is why it is important that you provide as much advance notice as possible to your department when you are ready to return to work.
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