The University of Memphis

Family and Medical Leave Act

POLICIES

In compliance with the Family and Medical Leave Act of 1993 (FMLA), it is the policy of the University of Memphis to provide eligible employees up to 12 workweeks of unpaid leave during a 12-month period for specified family and medical reasons.

When the need for a medical or family leave is identified, the employee should immediately notify her or his supervisor or manager. When the leave is expected to exceed five work days, the employee, supervisor, or department head are also responsible for notifying the Human Resources Leave Specialist of the leave even if the employee has sufficient sick and/or annual leave to cover the absence. Information concerning medical leaves is maintained in a confidential file separate from employee’s personnel file in Human Resources.

An employee giving notice of the need for family or medical leave does not need to express his or her rights under FMLA or even mention FMLA to fulfill his obligation to provide notice.  However, the employee must provide sufficient information for Human Resources to determine the leave is for a qualifying event.

The employee will be required to complete a Request for Medical Leave form at the beginning of the leave. Certification from a health care provider will also be requested.  If the employee is unable to request his or her own leave due to a serious illness, a family member may make the request on the employee's behalf.

In order to be considered eligible under FMLA guidelines, an employee must (1) have worked for the State of Tennessee at least 12 months and (2) have worked at least 1,250 hours during the year preceding the start of the leave.

The determination of whether an employee meets the eligibility criteria for receiving FMLA leave is based on the amount of service, including prior service, as of the date the leave actually begins.

Spouses who are both employees of the State are limited to a combined total of 12 weeks of FMLA leave during a 12-month period if the leave is taken for one of the following reasons: (1) birth of a child or for care of the child after birth; (2) adoptive or foster care placement of a child or for care of the child after placement; or (3) to care for a parent with a serious health condition.

Leave requests for regular employees who do not satisfy the FMLA eligibility requirements shall be processed in accordance with the appropriate University of Memphis leave policies.

Eligible employees are entitled to up to a total of 12 workweeks of unpaid leave during a 12-month period.  The leave is a paid leave only if the employee has sufficient leave that may be used to cover such absence. The initial 12-month period starts on the date the employee's FMLA leave first begins.  Upon returning from FMLA leave, an employee must be restored to his or her original position or to an equivalent position with equivalent benefits, pay, and other employment terms and conditions. 

For the duration of FMLA leave, the institution is required to maintain an employee's health coverage under the State Group Insurance Plan under the same conditions coverage would have been provided if the employee had continued working.  The employee continues to be responsible for his or her portion of insurance premiums.

• The employee has a serious health condition resulting in his or her inability to perform job functions for a period expected to exceed five consecutive work days.
• The birth of a child and to care for the newborn child. In addition to leave taken after the birth of a child, FMLA leave may be taken by an expectant mother for the purpose of prenatal visits, pregnancy related symptoms, and in situations where a serious health condition prevents her from performing her job duties prior to the child's birth.
• The adoptive or foster care placement of a child with the employee. FMLA leave may be taken prior to an adoptive or foster care placement if the leave is necessary for the placement to proceed. This would include granting leave for required counseling sessions, court appearances, and legal or medical consultations.
• To care for the employee's spouse, son, daughter, or parent with a serious health condition, as defined below:

Spouse: Husband or wife as defined or recognized under Tennessee law for purposes of marriage.

Parent: Biological parent or an individual who currently stands or stood in place of an absent parent to an employee when the employee was a child as defined in son/daughter below. The definition does not include parents-in-law.

Son or Daughter: Biological, adopted, foster child, stepchild, legal ward, or child of a person standing in place of an absent parent, who is either under age 18 or age 18 or older and incapable of self-care because of a mental or physical disability.

Documentation or statement of family relationship may be required. This documentation may be a notarized statement from the employee; a birth certificate; or a court document. 

FMLA defines a serious health condition as an illness, injury, impairment, or physical or mental condition involving: (1) inpatient care for treatment or recovery in a hospital, hospice, or residential medical care facility; or (2) a serious health condition involving continuing treatment by a health care provider (HCP) that includes any one or more of the following:

• A period of incapacity of more than five consecutive work days that also involves (a) treatment two or more times by an HCP, nurse, or physician's assistant under direct supervision of an HCP, or by a provider of health care services such as a physical therapist, under orders or referral by HCP; or (b) treatment by an HCP on at least one occasion which results in a regimen of continuing treatment under the supervision of a health care provider.
• Any period of incapacity due to pregnancy or for prenatal care.
• Any period of incapacity or treatment due to a chronic serious health condition that may require periodic HCP visits, or may be episodic (for example, asthma, diabetes, or epilepsy).
• Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. (for example, severe stroke, Alzheimer’s, or the terminal stages of a disease).
• Any period of absence to receive multiple treatments for a serious health condition that would result in a period of incapacity of more than five consecutive calendar days, such as treatment for cancer (chemotherapy, radiation), severe arthritis (physical therapy), or kidney disease (dialysis).

If a workers' compensation injury or illness meets the criteria for a serious health condition, the workers' compensation absence and the FMLA leave entitlement shall also run concurrently.

The following conditions do not usually meet the definition of a serious illness unless hospitalization or complications occur: cosmetic surgery, common colds, flu, earaches, upset stomach, minor ulcers, headaches other than migraine, and routine dental/orthodontia/periodontal conditions.

The University will request a certification from a health care provider to support an employee's request for FMLA leave.  The request for documentation will be made at the beginning of the leave when possible. If the leave was unforeseen, the certification will be requested as soon as notification is received.  Updated medical information may be required periodically during the employee's absence.

Following an absence for a serious medical condition, the employee should provide a medical return-to-work certification to the University Leave Specialist.