This policy is based on the provisions of the federal Family and Medical Leave Act. For individuals working outside of Maryland, consult the divisional Human Resources Office.
Benefits of the Family and Medical Leave Act are available to eligible staff members taking leave for defined reasons. Retaliation against a staff member exercising rights provided by the Family Leave Act is prohibited and will not be tolerated.
- Family and Medical Leave Policy Statement
- Eligibility
- Period of Leave
- Definitions
- Circumstances When An Eligible Employee is Entitled to Take Leave
- Concurrent Leaves
- Benefits
- Return to Work
- Notes
This policy is based on the provisions of the federal Family and Medical Leave Act. For individuals working outside of Maryland, consult the divisional Human Resources Office.
Family and Medical Leave Policy Statement
Eligible employees can take job-protected leave for up to a total of 12 work weeks in a 'rolling' 12 months period (defined as 12-month period measured backward from the date the employee uses Family and Medical Leave because of:
The birth of a child and to care for the newborn child during the first year following birth.
The placement of a child with the employee for adoption or foster care.
The employee's need to care for a family member (child, spouse, same sex domestic partner, or parent) with a serious health condition.
The employee's own serious health condition makes the employee unable to perform at least one essential function of his or her job.
Eligibility
An employee is eligible for Family and Medical Leave if employed for at least 12 months and has worked at least 1,250 hours during the previous 12 month period. Exempt salaried employees who have worked for 12 months are presumed to meet the hourly test.
Period of Leave
Depending upon the reason for the leave and conditions, an eligible employee may be entitled to a maximum of 12 weeks of leave, including paid and unpaid leave, during a 'rolling' 12 months period, i.e., looking backward from the date the employee uses Family and Medical Leave. If the employee has exhausted appropriate leave with pay or is not eligible for leave with pay, the leave is without pay.
Definitions
Spouse: husband or wife
Same sex domestic partner: two non-related adults of the same sex, both of whom are at least 18 years of age, are committed as a family in a long-term relationship of indefinite duration and are socially, emotionally, and financially interdependent in an exclusive mutual commitment in which they agree to be responsible for each other's common welfare and share financial obligations. This policy is intended to cover same sex partner relationships, and not persons who are cohabiting simply as roommates.
Son or daughter: a biological, adopted or foster child, a stepchild, a legal ward or a child of a person standing in loco parentis, who is either under age 18 years of age, or age 18 or older and who is incapable of self-care because of a mental or physical disability.
Parent: the biological parent of an employee, legal guardian or an individual who stands or stood in loco parentis to an employee when the employee was a child. An employee is limited to leave for two parents. Parents-in-law are excluded.
Serious health condition: an illness, injury, impairment, or physical or mental condition that (1) involves a period of incapacity or treatment in connection with, or subsequent to inpatient care; or (2) requires "continuing treatment" by a health care provider and includes one or more of the following (A) absence from work, school or other regular activities for more than three consecutive days; (B) any period of incapacity due to pregnancy, or for prenatal care; (C) any period of incapacity or treatment for an incapacity due to a chronic serious health condition; (D) a period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective; or (E) any period of absence to receive multiple treatments by a health care provider or by a provider of health care services under orders of a health care provider.
Health Care Provider: A doctor of medicine or osteopathy authorized to practice medicine or surgery and others determined by the Secretary of Labor. Contact divisional Human Resources Office for additional information.
Family and Medical Leave 12-month period: A 'rolling' 12-month period measured backward from the date an employee uses leave under the Family and Medical Leave Act.
An Eligible Employee is Entitled to Leave for the Following Circumstances:
Birth of a son or daughter of the employee and the first year care for such child.
The birth mother who is eligible for paid leave benefits must charge absence to sick leave so long as the health care provider certifies that the birth mother is incapacitated and to the extent that sick leave is accrued.
Upon the health care provider's release to return to work or the exhaustion of accrued sick leave, whichever occurs first, the birth mother must charge the absence to accrued vacation leave.
When paid leave is no longer available, the birth mother must charge the absence to leave without pay.
The father must charge leave to accrued vacation leave. If additional leave is desired and vacation leave is exhausted, the father is eligible for a leave of absence without pay. If a son or daughter has a serious health condition, see E.3.
Leave may be taken only within 12 months of the birth.
If both parents are employed by the University, their aggregate leave is limited to 12 weeks. If the son or daughter has a serious health condition, see E.3.
Leave taken intermittently or a reduced leave schedule is available only upon the prior, written agreement of the employee and the supervisor. If the son or daughter has a serious health condition, see E.3. If the mother has a serious health condition, see E.4.
Notice: The employee must provide at least 30 days' advance notice before the date on which the leave is to begin. If the employee is unable to provide at least 30 days' notice, the employee must provide such notice as is practicable, i.e., within two days of learning of the need for leave. Family and Medical Leave forms and/or instructions are available in the divisional Human Resources Offices.
Placement of a son or daughter with the employee for adoption or foster care, and the first year care of the newly placed child.
An employee eligible for paid leave must charge the absence to accrued vacation leave. When accrued vacation leave is exhausted, the absence is charged to leave without pay.
Leave may be taken only within 12 months of the placement.
If both parents are employed by the University, their aggregate leave is limited to 12 weeks. If the parents cannot agree on the leave taken by each, the University will base the decision on the reason for the request, length of service of the employees and impact on University operations.
Leave taken intermittently or a reduced leave schedule is available only upon the prior, written agreement of the employee and the supervisor.
Notice: The employee must provide at least 30 days' advance notice before the date on which the leave is to begin. If the employee is unable to provide 30 days' notice, the employee must provide such notice as is practicable, i.e., within two days of learning of the need for leave.
Family and Medical Leave forms and/or instructions are available in the divisional Human Resources Offices.
The employee must provide written evidence of the placement. In the case of foster care, documentation of state action is required.
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If the employee is eligible for leave with pay, an absence may be charged to accrued sick leave not to exceed 12 sick leave days per fiscal year.
Following the exhaustion of the 12 days of sick leave, the absence must be charged to accrued vacation leave. If additional leave is desired and vacation leave is exhausted, a leave of absence without pay is available.
If the leave is requested because of the illness of a child or of the other spouse, each spouse is entitled to 12 weeks of leave. If both spouses or both same sex domestic partners are employed by the University and the leave is to care for a sick parent, their aggregate leave is limited to 12 weeks. If the employees cannot agree on the leave taken by each, the University will base the decision on the reason for the request, length of service of the staff member and impact on University operations.
The University may require documentation to confirm the family relationship or same sex domestic partnership.
Leave may be taken intermittently or on a reduced schedule if medically necessary. If an employee's request for intermittent leave is foreseeable based on planned medical treatment, the supervisor may require the staff member to transfer temporarily to an alternative position, with equivalent pay and benefits, that better accommodates recurring periods of leave than the employees's regular position.
Notice: If the leave is foreseeable based on planned medical treatment, the employee is required to make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the University. The employee is required to provide at least 30 days' advance notice, or if the treatment is to occur in less than 30 days, the employee must provide such notice as is practicable.
Family and Medical Leave forms and/or instructions are available in the divisional Human Resources Offices.
Certification: An employee must provide written certification of a serious health condition of a family member. The certification should be provided no later than the time the leave begins and must be provided within 15 days of the request for medical certification. Subsequent recertification may be required at 30-day intervals, or if the reason for or duration of the leave changes.
The medical information that can be requested is included in the medical certification form. No additional medical information will be required. However, a health care provider representing the University may contact the health care provider, with the patient's (or guardian's) permission, for purposes of clarification and verification of the authenticity of the medical certification.
The certification will be filed separately from personnel records.
Medical opinions: The University may, at its own expense, require a second medical opinion by a health care provider designated by the University.
In the event of conflicting opinions, the University may pay for a third and final provider to offer a binding decision.
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If the employee is eligible for leave with pay, an absence due to the employee's serious health condition must be charged to accrued sick leave. When accrued sick leave is exhausted, the leave must be charged to accrued vacation. If additional leave is necessary and vacation leave is exhausted, the absence will be leave without pay.
Leave may be taken intermittently or on a reduced schedule if medically necessary. If an employee's request for intermittent leave is foreseeable based on planned medical treatment, the supervisor may require the employee to transfer temporarily to an alternative position, with equivalent pay and benefits, that better accommodates recurring periods of leave than the employee's regular position.
Notice: If the leave is foreseeable based on planned medical treatment, employees are required to make a reasonable effort to schedule the treatment so as not to disrupt unduly the operation of the University. The employee is required to provide at least 30 days' advanced notice, or if the treatment is to occur in less than 30 days, the employee must provide such notice as is practicable. Family and Medical Leave forms and/or instructions are available in the divisional Human Resources Offices.
Certification: An employee must provide written certification of a serious health condition. The certification should be provided not later than the time the leave begins and must be provided within 15 days after medical certification is requested. Subsequent recertification may be required at 30-day intervals, or if the reason for or duration of the leave changes.
The medical information that can be requested is included in the medical certification form. No additional medical information will be required. However, a health care provider representing the University may contact the employee's health care provider, with the employee's permission, for purposes of clarification and verification of the authenticity of the medical certification.
The certification will be filed separately from personnel records.
Medical opinions: The University may, at its own expense, require a second medical opinion by a health care provider designated by the University.
In the event of conflicting opinions, the University may pay for a third and final provider to offer a binding decision.
Concurrent Leaves
If an employee applies for long-term disability benefits for an illness or injury that also meets the criteria for a serious health condition, the waiting period absence will run concurrently with the Family and Medical Leave.
If an employee is absent for job related illness or injury for which he/she is eligible to receive workers' compensation benefits and the illness or injury also meets the criteria for a serious health condition, the absence for job related illness or injury will run concurrently with Family and Medical Leave.
However, employees may not be required to use accrued sick and vacation leave during periods of workers' compensation absence.
Benefits
General
Employees will not lose previously accrued benefits.
In the event the employee is approved for an intermittent or reduced schedule, benefits eligibility will be based upon original status at the time the new schedule is initiated, except for leave that will be accrued on a pro rata basis.
Leave
Sick leave and vacation do not accrue for employees during a leave of absence without pay that exceeds 11 working days during a calendar month.
Employees on a leave of absence without pay are not paid for holidays that occur during the leave.
Employees on leave of absence without pay exceeding 30 calendar days will have their salary review date adjusted accordingly, or their salary increase prorated.
Health Benefits
Health benefits continue through the employee's leave. In the event the employee is in a leave without pay status, health benefits will be continued but the employee will be required to pay the employee's portion of the premiums. If the employee does not return to work following the leave, he/she may be required to reimburse the University for premiums paid during the leave.
Tuition grant/tuition remission
If otherwise eligible for tuition grant and/or tuition remission, the employee can participate in these programs.
Return to Work
In general, an employee who completes a period of leave is to be returned either to the same position or to a position equivalent in pay, benefits and conditions of employment.
If the leave was required due to a health condition of the employee, a written release stating the employee is fit to return to duty from the health care provider is required.
When practicable, the employee is requested to contact the supervisor at least two weeks prior to the expiration of the leave to indicate intent to return to work. The employee must provide a minimum of two days' notice of intent to return to work.
Notes
The University will administer Family and Medical Leave in accordance with federal regulations.
Request for leaves of absence for employees not eligible for leave under this policy may be made in accordance with Section 17 of the Personnel Policy Manual.
Staff and administrators are encouraged to contact their divisional Human Resources Offices regarding qualification, eligibility, entitlement to leave, maintenance of health benefits, job restoration, notice and medical certification, fitness to return to duty, intermittent leave, and application of this policy.