Reinstatement After FMLA Leave

UNI grants paid leave benefits to eligible employee groups.
An unpaid leave of absence may be available depending on
the employee’s individual situation; examples include
Family Medical Leave and Military Leave.
UNI FMLA Benefits

List of FMLA Benefits


Complete List of Benefits



Frequently Asked Questions: Click Here



Forms and Resources

Information


Forms


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Quick Tips
The FMLA provides up to 12 weeks of unpaid, job-protected leave per year to eligible employees for certain family and medical reasons.

Every week an employee is on leave is counted as a full week even if there is a holiday within that week.

To be eligible for FMLA, an employee must have been employed for at least 12 months and have worked for at least 1,250 hours (approximately 60% time) in the previous 12-month period.

FMLA leave may be requested to provide care to covered family members with a serious health condition.

FMLA does not provide leave to care for adult children, parents-in-law, grandparents, siblings, aunts, uncles, nieces or nephews.

During FMLA leave, employees may remain in pay status by electing to use accrued sick, vacation and/or compensatory time.

In the instance of a foreseeable need, an employee must provide his/her department with at least 30 days notice before FMAL leave is to begin, if it is feasible.

In the instance of an unforeseeable need, employees must give notice to their department within one or two working days of learning of the need for leave, if it is feasible.

 


Reinstatement of an Employee After FMLA Leave

An employee returning from an FMLA leave is entitled to his/her same job or an equivalent job with no loss of pay or status. An equivalent position is defined as a position in the same job location, with the same shift or equivalent work schedule, requiring substantially equivalent skill, effort, responsibility and authority and having the same pay and benefits.

Other than health and dental insurance coverage, employees are not entitled to job benefits or seniority accrual during the leave period. However, employees may not lose any benefits or seniority accrued prior to their leave.

An employee is not allowed to take more FMLA leave than is necessary to resolve the circumstances for which the leave was needed under the FMLA. If an employee is able to return to work earlier than anticipated, the employee must provide the department with two business days’ notice where feasible. The department must reinstate the employee once such notice is given or where prior notice was not feasible.

An employee is not entitled to any greater job protection than he/she would have had if no leave had been taken. If his/her previous job has been eliminated due to an intervening layoff or downsizing, the employee’s job would have been terminated, or if the employee is unable to perform the essential functions of the job upon return from leave, the University is not required to reinstate the employee.

A department may accommodate an employee’s request to be restored to a different shift, schedule or position that better suits the employee’s personal needs if a vacancy exists. The department may also offer a promotion to a better position.

An employee on FMLA leave is entitled to any unconditional pay increases that may have occurred during the FMLA leave period. Pay increases based on periodic performance reviews and seniority may be delayed by the amount of unpaid FMLA leave taken by the employee.

The University will not use an employee’s taking FMLA leave as a negative factor in any employment action, including promotions, or otherwise discriminate against any individual for exercising their rights to such leave.




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Date Updated: March 27, 2014