Cooperative Extension Service
Departments
Human Resources - Group Benefits
The Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act of 1993 is a federal law intended to promote
a healthy balance between work and family responsibilities. It requires
employers to provide up to 12 weeks per year of unpaid, job-protected leave to
eligible employees for certain family and medical reasons and requires employers
to continue to offer health and dental insurance at the employee rate. Employees
are entitled to return to the position formerly occupied or to an equivalent
position with equivalent benefits, pay, and other terms and conditions of
employment.
Employees who have worked for Extension for at least one year and for at
least 1,250 hours (60 percent time) during the previous 12 months are eligible
for FMLA leave.
An employee's absence from work for more than three consecutive calendar days
for the employee's illness or injury or for the illness or injury of a family
member, may qualify for job protection under the Family and Medical Leave Act
(FMLA).
FMLA leave may be granted for:
- Care of an employee's child after birth or placement for adoption or
foster care;
- Care of an employee's spouse, child under age 18, or parent (not a
parent “in-law") who has a serious health condition;
- A serious health condition that prevents the employee from
performing essential job functions.
- Family leave due to a Call to Active Duty due to a spouse, son,
daughter or parent being on active duty or having been notified of an
impending call or order to active duty in the Armed Forces.
- Care for an injured Service member by a spouse, son, daughter, parent,
or nearest blood relative of a recovering service member.
A serious health condition is an illness, injury, impairment, or physical or
mental condition that involves:
- treatment connected with inpatient care, or
- continuing treatment/supervision by a health care provider for
a period of incapacity of more than three consecutive calendar days
and subsequent treatment or periods of incapacity relating to the
same condition, or
- incapacity/treatment due to a chronic or long-term serious
health condition.
FMLA begins when the leave is requested and approved. An employee has 15
calendar days to submit the completed
Request for Consideration under the FMLA
form. The maximum entitlement is 12 weeks of unpaid, job protected leave during
a calendar year (January through December). The leave may be taken on a
continuous basis or intermittently.
FMLA entitlement runs simultaneously with sick and annual leaves, so an
employee's job protection will end when combined sick leave, annual leave, and
FMLA entitlement are exhausted. An employee must use all accrued sick and annual
leave simultaneously with FMLA leave, except in cases of maternity leave and
placement for adoption and foster care. Employees on maternity leave may elect
to take a leave without pay without exhausting accumulated sick and annual
leave. Sick leave may not be used for placement for adoption and foster care.
FMLA and Workers' Compensation run simultaneously, provided that the reason
for the absence is due to a qualifying serious illness or injury.
Extension will continue to pay the employer's matching portion of group
health, dental, basic life, and basic long-term disability insurance coverages
for employees considered protected under the FMLA. The employee is responsible
for paying his/her portion of the group health and dental premiums, and for all
additional optional insurance premiums. If the employee does not continue to pay
these premiums, the insurance will be canceled. Coverage may be reinstated upon
returning to work without any qualifying period, physical examination, or
exclusion of pre-existing conditions.
Extension's obligation to maintain health and dental benefits under the
Family and Medical Leave Act ceases when an employee informs the employer of
his/her intent not to return from leave or when the employee exhausts his/her
Family and Medical Leave entitlement.
On Monday, January 28, 2008, the President signed into law the first expansion of the Family and Medical Leave Act (FMLA). The
National Defense Authorization Act provides additional FMLA leave for
military families. The bill adds two new FMLA-qualifying
events, expanding FMLA to include employees caring for an injured service member
as well as family members who have a family member called to active duty.
Under the new law, FMLA-eligible employees will now be entitled to the
following:
- Family Leave Due to a Call to Active Duty - This benefit provides 12 weeks
of FMLA leave due to a spouse, son, daughter or parent being on active duty or
having been notified of an impending call or order to active duty in the Armed
Forces. Leave may be used for any “qualifying exigency” arising out of the
service member’s current tour of active duty or because the service member is
notified of an impending call to duty in support of a contingency operation.
- Caregiver Leave for an Injured Service member - This benefit provides 26
weeks of FMLA leave during a single 12-month period for a spouse, son, daughter,
parent, or nearest blood relative caring for a recovering service member. A
recovering service member is defined as a member of the Armed Forces who
suffered an injury or illness while on active-duty that may render the person
unable to perform the duties of the member’s office, grade, rank or rating.
Most of the provisions of the FMLA remain unchanged and will apply to these
new types of FMLA leave, including employer coverage, employee eligibility
requirements, health insurance continuation, and reinstatement rights. Employees
can utilize the leave on an incremental basis or in the smallest increment that
the employer’s payroll system tracks under both of these new leave requirements.
Family and Medical Leave Act (FMLA) Procedures
The completed
Request for Consideration form should be submitted to
Human Resources for eligibility determination and designation 30 days in advance
when the need is foreseeable. Otherwise, the employee should provide notice as
soon as possible. The
employee may also be asked to provide a re-certification during the period of FMLA leave and/or a fitness-for-duty certification from the health care provider
before being restored to the job. Human Resources may designate FMLA
status for an employee without a
Request for Consideration or supporting
documentation, if they become aware of an employee's qualifying absence.
Please contact the Payroll Department for
assistance with sick leave, annual leave, and leave without pay questions.
Please note: It is imperative that an employee contacts the supervisor to
discuss any absences. The supervisor will work closely with the Payroll
Department during FMLA absences.
In the event that the employee receives an indication from a physician that
an illness will extend beyond combined sick leave, annual leave, and FMLA
entitlement, application for long-term disability should be made as soon as
possible. Please contact the Human Resources Office regarding the long-term disability
application process.
If you have questions about the Family and Medical Leave Act or the FMLA
entitlement, please contact the Human Resources Office at 501-671-2219.
To apply for FMLA, submit the
Request for Consideration to:
Human Resources Office
UA Cooperative Extension Service
2301 S. University Ave.
Little Rock, AR 72204
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