10.36 Family and Medical Leave
É«»¢ÊÓÆµ, in compliance with the Family and Medical Leave Act (FMLA), provides employees the protections of this law pertaining to entitlement of leave, maintenance of health benefits during leave, and job restoration after leave; sets requirements for notice and certification of the need for FMLA leave; and protects employees who request to take FMLA leave.
Subsequently, É«»¢ÊÓÆµ allows eligible employees to take job-protected, unpaid leave, or to substitute appropriate paid leave if the employee has earned or accrued it within a twelve (12)-month period, for up to a total of twelve (12) workweeks for certain family and medical reasons and up to a total of twenty-six (26) workweeks to care for a covered service member recovering from a serious illness or injury, for any of the following:
• the birth of a child and to care for the newborn child;
• the placement of a child with the employee for adoption or foster care or to care for a newly placed child;
• to care for the employee's spouse, child or parent (but not in-law) with a serious health condition;
• the employee's own serious health condition;
• qualified exigencies arising out of a spouse's, child's or parent's active military duty or notification of an impending call or order to active duty; and/or
• to care for a covered service member who is the employee's spouse, parent, child or nearest blood relative, recovering from an injury or illness that the service member incurred in the line of active duty in the armed forces which made such service member medically unfit to perform the duties of his/her office, grade, rank or rating.
The definition of spouse shall be interpreted in compliance with federal law to include lawfully married couples, whether opposite sex, same sex or married under common law.
In certain cases, this leave may be taken on an intermittent basis rather than all at once, or the employee may work a part-time schedule.
An employee on this leave is also entitled to have health benefits maintained while on leave as if the employee had continued to work instead of taking the leave. If an employee was paying all or part of the premium payments prior to leave, the employee will continue to pay her or his share during the leave period. The employer may recover their share only if the employee does not return to work for a reason other than the serious health condition of the employee or the employee's immediate family member, or another reason beyond the employee's control.
An employee generally has a right to return to the same position or an equivalent position with equivalent pay, benefits and working conditions at the conclusion of the leave. The taking of this leave cannot result in the loss of any benefit that accrued prior to the start of the leave.
The university has a right to thirty days advance notice from the employee when practicable. In addition, the university may require an employee to submit certification from a health care provider to substantiate that the leave is due to the serious health condition of the employee or the employee's immediate family member. Failure to comply with these requirements may result in a delay in the start of this leave. The university may also require that an employee present a certification of fitness to return to work when the absence was caused by the employee's serious health condition. The university may delay
restoring the employee to employment without such certificate relating to the health condition which caused the employee's absence.
Subsequently, É«»¢ÊÓÆµ allows eligible employees to take job-protected, unpaid leave, or to substitute appropriate paid leave if the employee has earned or accrued it within a twelve (12)-month period, for up to a total of twelve (12) workweeks for certain family and medical reasons and up to a total of twenty-six (26) workweeks to care for a covered service member recovering from a serious illness or injury, for any of the following:
• the birth of a child and to care for the newborn child;
• the placement of a child with the employee for adoption or foster care or to care for a newly placed child;
• to care for the employee's spouse, child or parent (but not in-law) with a serious health condition;
• the employee's own serious health condition;
• qualified exigencies arising out of a spouse's, child's or parent's active military duty or notification of an impending call or order to active duty; and/or
• to care for a covered service member who is the employee's spouse, parent, child or nearest blood relative, recovering from an injury or illness that the service member incurred in the line of active duty in the armed forces which made such service member medically unfit to perform the duties of his/her office, grade, rank or rating.
The definition of spouse shall be interpreted in compliance with federal law to include lawfully married couples, whether opposite sex, same sex or married under common law.
In certain cases, this leave may be taken on an intermittent basis rather than all at once, or the employee may work a part-time schedule.
An employee on this leave is also entitled to have health benefits maintained while on leave as if the employee had continued to work instead of taking the leave. If an employee was paying all or part of the premium payments prior to leave, the employee will continue to pay her or his share during the leave period. The employer may recover their share only if the employee does not return to work for a reason other than the serious health condition of the employee or the employee's immediate family member, or another reason beyond the employee's control.
An employee generally has a right to return to the same position or an equivalent position with equivalent pay, benefits and working conditions at the conclusion of the leave. The taking of this leave cannot result in the loss of any benefit that accrued prior to the start of the leave.
The university has a right to thirty days advance notice from the employee when practicable. In addition, the university may require an employee to submit certification from a health care provider to substantiate that the leave is due to the serious health condition of the employee or the employee's immediate family member. Failure to comply with these requirements may result in a delay in the start of this leave. The university may also require that an employee present a certification of fitness to return to work when the absence was caused by the employee's serious health condition. The university may delay
restoring the employee to employment without such certificate relating to the health condition which caused the employee's absence.
Effective Date
Approved by Board of Curators: January 15, 2026