Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) was passed by Congress and went into effect on August 5, 1993. The FMLA provides up to 12 weeks of unpaid, job-protected leave per year to eligible employees for certain family and medical reasons. During the 12 weeks of leave, the University is required to continue to pay the University share of the health and dental insurance premiums. Upon conclusion of the leave, the University is required to restore the employee to the same or equivalent position and to all benefits which he/she was eligible to receive before the leave.
The University of Northern Iowa defines a year as a rolling 12-month period. An employee is limited to 12 weeks of FMLA leave in any single 12-month period.
Every week an employee is on leave is counted as a full week even if there is a holiday within that week. However, for employees who are not expected to report for work for a period of one or more weeks (example: semester breaks and summer for Faculty and other nine month employees), those days do not count against the employee’s FMLA entitlement. For example, if a staff member who works only during the academic year gives birth in July, the FMLA leave would not begin until that staff member would ordinarily return to work in the Fall.
The requirements included in this section are the minimum required by the Family and Medical Leave Act. They are neither intended to set an upper limit on the policies and procedures of the University of Northern Iowa nor the benefits available to faculty and staff at the University of Northern Iowa.
Eligibility Requirements
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.
The previous 12-month period need not be consecutive. However, any week that the employee is in pay status, including paid leave (sick leave, vacation) or unpaid leave, during which the University provides other benefits or compensation, is counted as a week of employment.
The 1,250 hours consists only of hours worked, not hours in pay status. Use of accrued sick leave or vacation is not included in the calculation of the 1,250 hours.
Example: An employee works three days of a week and uses accrued sick leave the other two days. The week counts as a week of employment toward satisfying the 12-month period but only 24 hours (the three days) count toward satisfying the 1,250 hours requirement.
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Reasons for FMLA Leave
Employees do not need to expressly request FMLA leave. The University of Northern Iowa has the responsibility to determine whether a leave qualifies under the Act and to provide written notice to the employee. Leaves that qualify under FMLA include:
- The birth, adoption or foster placement of a child in the employee’s home
FMLA leave may be granted to either parent or to both parents within the initial 12 months after the birth, adoption or placement. The leave must be both initiated and completed during the 12-month period. The leave must be consecutive and may not be intermittent or on a reduced schedule unless the child has a serious health condition or the employee’s supervisor approves. If both parents are employees of the University, the FMLA entitlement is a total of 12 weeks for the two employees combined.
- The care of a child, spouse or parent with a serious health condition
FMLA leave may be requested to provide care to covered family members with a serious health condition. Care includes providing physical and/or psychological support to the ill family member.
Family member is defined as:
- Spouse: A husband or wife as defined under State law for purposes of marriage, including a common law husband or wife.
- Son or daughter: A biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing "in loco parentis". The son or daughter must be under the age of 18 or incapable of self-care because of a physical or mental disability.
- Parent: A biological parent or an individual who stands or stood "in loco parentis" to an employee when the employee was a son or daughter as defined above.
FMLA does not provide leave to care for adult children, parents-in-law, grandparents, siblings, aunts, uncles, nieces or nephews. Departments may request certification of a family relationship (birth certificate, court document, or a written statement from the employee) if there is a question.
Leave to care for a family member may be on a continuous, intermittent or reduced schedule basis. If an intermittent or reduced schedule basis is used, only those hours actually used are counted toward the 12 weeks of leave.
- The employee’s serious health condition
If an employee has a serious health condition, he or she is entitled to the 12-week FMLA leave. Leave may be on a continuous, intermittent or reduced schedule basis. If an intermittent or reduced schedule is used, only those hours actually away from work are counted toward the 12 weeks of leave.
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Definition of a Serious Health Condition
For purposes of an FMLA leave, a serious health condition is defined as a health condition which requires in-patient care in a hospital, hospice or residential care facility or continuing treatment by a health care provider.
"Continuing treatment by a Health Care Provider" is defined as treatment that involves multiple treatments by a health care provider or treatment that is carried out under direct supervision, under orders of, or on referral by a health care provider. Continuing treatment may include diagnostic examinations, a course of prescription medicine, or ongoing treatments (chemotherapy, physical therapy, etc.). Continuing treatment does not include routine examinations, over-the-counter medications, bed-rest, drinking fluids or other similar activities.
A Health Care Provider is defined as a licensed doctor of medicine or osteopathy or "any other person determined by the Department of Labor to be capable of providing health care services." Health care providers include: licensed physicians or osteopaths, podiatrists, dentists, clinical psychologists, optometrists, nurse practitioners, nurse midwives, clinical social workers, chiropractors practicing within the scope of their license, and Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts.
A Serious Health Condition means an illness, injury, impairment or physical or mental condition that involves:
- A period of incapacity requiring absence of more than three business days from work that also involves continuing treatment by (or under the supervision of) a health care provider;
- A period of incapacity or treatment connected with inpatient care in a hospital, hospice or residential medical care facility;
- A period of incapacity due to pregnancy or for prenatal care;
- A period of incapacity (or treatment) due to a chronic serious health condition (e.g., Alzheimer’s, stroke, terminal diseases, etc.);
- A period of absence to receive multiple treatments by a health care provider (e.g. chemotherapy, radiation, physical therapy, dialysis); or
- Other covered illnesses (e.g. asthma, mental illness, severe morning sickness).
Serious medical conditions typically do NOT include:
- Cold;
- Upset Stomach;
- Headaches, other than migraines;
- Routine dental or orthodontia problems;
- Periodontal disease;
- Flu;
- Minor ulcers;
- Earaches;
- Cosmetic treatments;
- Mental illness from stress; or
- Allergies
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Continuous, Intermittent or Reduced Schedule Leave
Continuous Leave is leave that is not broken by periods of work. Leave for the birth, adoption or foster placement of a child must be continuous. Leave for the serious illness of a family member or the employee may also be continuous, if necessary.
Intermittent Leave involves the use of periodic days or hours to care for a family member with a serious illness or for an employee’s own serious illness. Intermittent leave is not available to employees for the birth, adoption or foster placement of a child unless the child has a serious health condition or the employee’s supervisor approves the request. Intermittent leave may be taken in as small as tenths-of-an-hour increments. Only leave actually taken is counted against an employee’s FMLA entitlement. Whenever possible, periodic treatments should be scheduled at times that cause the least disruption to the department.
Reduced Schedule Leave is a reduction in an employee’s work schedule. If it is medically necessary, an employee’s work schedule may be reduced to a certain number of hours each day or a certain number of days per week. Reduced schedule leave is available for leave to care for a family member with a serious illness or for an employee’s own serious illness. Reduced schedule leave is not available to employees for the birth, adoption or foster placement of a child unless the child has a serious health condition or the employee’s supervisor approves the request. The employee and the supervisor should work together to determine a schedule which will cause the least disruption to the department.
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Paid and Unpaid Leave
The FMLA does not guarantee paid time off. University of Northern Iowa employees may, however, remain in pay status during an FMLA leave by using accrued sick leave, emergency leave, vacation and/or compensatory time off.
Accrued Sick Leave must be used during any period that an employee is unable to work due to his or her own medical condition. For example, if a staff or faculty member gives birth, sick leave must be used during the period when she is unable to work due to the pregnancy or delivery. Once her physician releases the staff or faculty member to return to work, any additional leave may be taken as vacation, compensatory time off or leave without pay.
Employees may use up to one work week of accrued sick leave each anniversary year as Emergency Leave to care for ill or injured family members. If the FMLA leave falls under this definition, the employee must use any remaining emergency leave.
During an FMLA leave, employees may remain in pay status by electing to use accrued Vacation and/or Compensatory Time Off. Use of this accrued leave time is not required if the employee prefers to take the FMLA leave without pay. Accrued vacation and compensatory time off may only be used to extend leave at the end of an FMLA entitlement with the approval of the employee’s supervisor.
The employee should note all FMLA leave taken on his/her "Monthly Absence Report" or "Merit System Time Sheet." Leave charged against the employee’s accrued sick leave should be marked SL, MA or EL. Leave charged against the employee’s accrued vacation or compensatory time off should be marked VA or CT. Unpaid leave should be marked OD.
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Employee to Supervisor Notice Requirements
According to the FMLA, an employee must provide his/her department with at least 30 days’ notice before FMLA leave is to begin, if it is feasible. Examples of a foreseeable need may include an expected birth, placement for adoption or foster care, or planned medical treatment.
If a leave is anticipated but a definite leave date is not practicable, the employee must give at least verbal notification to his/her supervisor within one to two business days of when the need for a leave becomes known to the employee.
When planning medical treatment, the employee must make a reasonable effort to schedule the leave so as not to unduly disrupt the operations at the worksite.
Employees must give notice to their department within one or two working days of learning of the need for leave, except in extraordinary circumstances where such notice is not feasible. The employee should contact his/her supervisor either in person or by telephone, telegraph, facsimile machine or other electronic means. Notice may be given by the employee’s spokesperson if the employee is unable to do so personally.
The employee need not expressly assert rights under the FMLA or even mention the FMLA, but must state that leave is needed and the reason for the leave.
The Department or Supervisor receiving a leave of absence request must advise the Human Resource Services Office of the request as soon as possible. Human Resource Services will in turn send the appropriate forms to the employee for completion. Questions about FMLA leave should be directed to Human Resource Services.
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University to Employee Notice Requirements
Employees must be given written notification by Human Resource Services of the designation of their absence as FMLA leave. In the case of a leave with an unforeseeable need the notice of designation may be verbal initially and subsequently confirmed in writing.
The written notice will contain the following information:
- Notification that the leave will be counted against the employee’s annual FMLA leave entitlement;
- Any requirement for the employee to furnish medical certification of a serious health condition, the due date for the return of the certification and the consequences for failing to return the certification in a timely manner;
- The employee’s right to substitute paid leave for unpaid leave;
- Any requirement for the employee to make premium payments to maintain benefits, the arrangements for making such payments and the possible consequences of failure to make such payments in a timely manner;
- Any requirement for the employee to present a physician’s fitness for duty certificate to be reinstated (see Certification required for return to work);
- The employee’s right to restoration to the same or an equivalent job upon return from leave; and
- The employee’s potential liability for payment of health insurance premiums paid by the University of Northern Iowa if the employee fails to return to work after the leave.
Retroactive designation of leave as FMLA can occur in the following circumstances:
- The employee’s supervisor did not learn of the reason for the absence until after the absence has begun or the employee returned to work, or
- Human Resource Services made a preliminary designation of the leave as FMLA leave (and notified the employee) pending receipt of medical certification.
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Certification by a Health Care Provider
Initial Certification
The University of Northern Iowa requires medical certification from a health care provider for leaves due to the serious health condition of a family member or the employee’s own health condition. The University will provide the employee with a standard form developed by the Department of Labor that is to be used for the purpose of acquiring medical certification that the condition qualifies under the definition of a serious health condition.
Upon request, Human Resource Services will provide a list of the employee’s essential and marginal job functions for the health care provider to review. The essential functions are the basic job duties that an employee must be able to perform, with or without reasonable accommodation.
Employees must return the certification within 15 days of the date of the letter of designation sent by the University. If the certification is not returned within the 15-day period, commencement of the leave may be delayed until certification is submitted.
The University may not conduct follow-up inquiries of the employee’s health care provider. The University may also not request any information from the employee or the employee’s health care provider beyond that included in the medical certification form.
The University may request a second medical opinion if it is deemed necessary to establish a serious health condition. The University may choose the provider for the second opinion. The employee’s department will pay for the second opinion.
If the first and second opinions are not in agreement, a third medical opinion may be requested, at the expense of the employee’s department. The selection of the health care provider for the third opinion must be agreeable to both the employee and the University. The third opinion will be final and binding.
Re-certification
The University of Northern Iowa may require an employee to acquire re-certification from his/her health care provider during the FMLA leave. The University may request re-certification as frequently as every 30 days, and sooner in connection with an employee’s absence when:
- Circumstances described in the original certification have changed significantly;
- The University receives information that casts doubt about the continuing validity of the certification; or
- An employee asks for an extension of his/her leave during leave that was supposed to last a specified length of time.
The employee must provide the re-certification to the University within 15 days after the request is made unless it is not practicable under the particular circumstances. Any re-certification will be at the employee’s expense.
Certification required for return to work
When a leave involves the employee’s own serious health condition, the University of Northern Iowa requires written certification from the employee’s health care provider that the employee is able to resume work. The University may also request a second medical opinion regarding the employee’s ability to return to work. In this event, the University may choose the provider for the second opinion and the employee’s department will pay the expense.
If the first and second opinions are not in agreement, a third medical opinion may be requested, at the expense of the employee’s department. The selection of the health care provider for the third opinion must be agreeable to both the employee and the University. The third opinion will be final and binding.
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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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Continuation of Benefits
Employees on leave are entitled to health and dental insurance benefits during the leave under the same conditions as active employees. The employee must make arrangements to pay the employee share of the premium whenever he/she is out of pay status for a full calendar month. The University’s obligation to provide insurance coverage stops if the employee’s premium payment is more than 30 days’ late, providing the University has given the employee written notice at least 15 days in advance advising that coverage will cease if payment is not received.
If an employee does not return to work after a FMLA leave, the University may exercise its right to recover any amounts paid by the University for those health and dental benefits. This would not be true if the employee does not return to work because of the recurrence, continuation, or onset of a serious health condition or some other factor beyond the employee’s control.
An employee returning from FMLA leave will be reinstated to all benefits, with no change in coverage, even if coverage has lapsed during the leave period due to the employee’s failure to pay a required premium.
Employees on FMLA leaves for other than their own serious health condition will be required to pay the full cost of the Life Insurance and Long Term Disability Insurance, if coverage is to be kept in force during the leave. The employee must pay the premium for any full month in which the employee is not in pay status. University and employee contributions to TIAA-CREF and IPERS and any voluntary Tax Sheltered Annuities (SRA’s) will be suspended during any full month in which the employee is not in pay status.
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FMLA and Workers’ Compensation
FMLA entitlement will run concurrently with a workers’ compensation absence when the injury or illness is one that meets the criteria for a serious health condition. However, "light" or restricted duty assignments may be substituted for an employee’s regular job if approved by the health care provider and if the University has suitable assignments available. An employee has the right to decline the restricted duty assignment; however, in that case the employee may no longer be eligible for workers’ compensation payments.
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FMLA and the ADA
A department must provide leave under whichever statute (FMLA or ADA) provides the greater rights to employees. Departments are encouraged to consult with the Office of Compliance and Equity Management and/or the Disabilities Service Coordinator to determine the rights to be afforded individuals in these circumstances.
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Frequently Asked Questions
Q: How much leave am I entitled to under FMLA?
If you are an "eligible" employee, you are entitled to use up to 12 weeks of leave for certain family and medical reasons during a 12-month period.
Q: How is the 12-month period calculated under FMLA?
UNI uses a "rolling" 12-month period. This means that FMLA leave cannot exceed 12 weeks during any 12-month period.
Q: Which employees are eligible to take FMLA leave?
Employees are eligible to take FMLA leave if they have worked for the University for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months.
Q: Do the 12 months of service with the University have to be continuous or consecutive?
No. The 12 months do not have to be continuous or consecutive; all time worked for UNI is counted.
Q: Do the 1,250 hours include paid leave time or other absences from work?
No. The 1,250 hours include only those hours actually worked for the University. Paid and unpaid leave, including FMLA leave, are not counted.
Q: I have been at UNI for a year but I only work 50% time. Am I eligible for FMLA leave?
No. FMLA leave requires that an employee have worked 1,250 hours during the previous 12 months. This requirement works out to approximately a 60% work schedule.
Q: I work only during the academic year when classes are in session. Is the time when classes are not in session when I am not required to be at work counted against my FMLA entitlement?
No. Any break in normal schedule of one week or more when the employee would not otherwise be expected to be at work does not count against an employee’s FMLA entitlement.
Q: If there is a paid holiday during my FMLA leave is that day counted as part of my leave?
Yes. If a holiday falls during a week of continuous FMLA leave the full week is still counted as FMLA leave.
Q: Does the law guarantee paid time off?
No. The FMLA only requires unpaid leave. Depending upon the circumstances of your leave, UNI may either require or allow employees to use accrued paid leave to remain in pay status during a FMLA leave.
Q: I am expecting a baby this year. I have lots of sick leave accrued. Can I use 12 weeks of sick leave on my FMLA leave?
You can use sick leave only during the period that your physician certifies that you are unable to work because of the pregnancy and delivery. Any leave beyond that period must be taken as vacation, compensatory time off or leave without pay.
Q: Do I have to give UNI my medical records for leave due to a serious health condition?
No. You do not have to provide medical records. You must, however, have your health care provider complete the medical certification form that is sent to you by the University. You must return this form within 15 days after you receive it.
Q: Can UNI make inquiries about my leave during my absence?
Yes, but inquiries can only be made to you. UNI can request a second medical opinion regarding the meeting of the "serious health condition" requirements and can also request an update of your medical certification every 30 days or sooner under certain circumstances.
Q: Can UNI require me to return to work before I exhaust my leave?
Yes. UNI can require you to return to work if you no longer have a serious health condition as defined by FMLA or if you fail to fulfill your obligation to provide supporting medical certification. UNI may not, however, require you to return to work early by offering you a light duty assignment.
Q: Can I return to work before my 12 weeks of FMLA entitlement is taken?
Yes. You are not allowed to take more FMLA leave than is necessary to resolve the circumstances for which the leave was needed. If your leave is due to your own serious health condition, you must have a certificate from your physician releasing you to return to work. UNI has the right to require a second opinion (see Certification required for return to work). If your leave is due to the birth or placement of a child, you are not required to take the entire 12-week leave. However, since this leave must be continuous, once you return to work you cannot take any remaining entitlement at a later date unless the child has a serious health condition.
Q: Are there any restrictions on how I spend my time while on FMLA leave?
UNI does not restrict how you spend your time while on FMLA leave unless the reason for the leave no longer exists, you have failed to provide requested medical certification, or if the reason for the leave has been misrepresented.
Q: Can UNI refuse to grant me FMLA leave?
Yes, if you are not eligible for FMLA leave or if the reason you use to request leave does not qualify under the FMLA.
Q: I am working but I am also undergoing radiation treatment for cancer. Can I schedule these treatments whenever I choose?
You must talk to your supervisor and try to schedule treatments at times that will cause the least disruption to your department.
Q: My physician tells me that I need surgery but it doesn’t need to be done immediately. Can I schedule the surgery whenever I want to?
Since the need for surgery is not immediate you must talk to your supervisor and try to schedule your leave for a period when it will cause the least disruption to your department. If the need for the surgery is immediate, you should schedule it as soon as possible.
Q: The FMLA law says that I must give the University 30 days’ notice before I take a FMLA leave. What if my father has a heart attack? Am I required to wait 30 days before I can start my leave?
The FMLA law says that you must give 30 days’ notice if it is feasible. In an emergency situation, you must give notice to your department within one to two working days of learning of the need for the leave.
Q: I have been using my accrued vacation for the past two weeks to take care of my mother who has a serious health condition. I only told my department that I was taking vacation - not that I was caring for my mother. Do these past two weeks count as part of my FMLA entitlement?
Under the Department of Labor regulations, UNI may retroactively designate FMLA leave if the employee has not told the University of the reason for the leave or has failed to return the required medical certification.
Q: Does workers’ compensation leave count against an employee’s FMLA leave entitlement?
It can. FMLA leave and workers’ compensation leave can run together, provided the reason for the absence is due to a qualifying serious illness or injury and the University notifies the employee in writing that the leave will be counted as FMLA leave.
Q: Can the University count leave taken due to pregnancy complications against the 12 weeks of FMLA leave for the birth and care of my child?
Yes. An eligible employee is entitled to a total of 12 weeks of FMLA leave in a 12-month period. If the employee has to use some of that leave for another reason, including a difficult pregnancy, it may be counted as part of the 12-week FMLA leave entitlement.
Q: Can the University count time on maternity leave as FMLA leave?
Yes. Maternity leave for the birth of a child would be considered qualifying FMLA leave (for a serious health condition) and may be counted as part of the 12 weeks of leave.
Q: Who is considered an immediate "family member" for purposes of taking FMLA leave?
An employee’s spouse, children and parents are immediate family members for the purposes of FMLA. The term parent does not include a parent "in-law." The term children does not include children over the age of 18 unless they are "incapable of self-care" because of a mental or physical disability.
Q: May I take FMLA leave for visits to a physical therapist, if my doctor prescribes the therapy?
Yes. Assuming you meet the "serious health condition" criteria, FMLA permits you to take leave to receive "continuing treatment by a health care provider." This can include treatment ordered by a doctor but administered by other health care professionals.
Q: I am a Merit employee. Will I receive my salary increase on my normal anniversary date even though I am on FMLA leave?
You may not. Unpaid FMLA leaves of 30 calendar days or more will cause the University to adjust the merit increase date. This new merit increase date will become the employee’s permanent date.
Q: Will I receive my scheduled July 1 salary increase while I am on an FMLA leave?
Yes. Employees on FMLA leave are eligible to receive all across-the-board salary increases that are not contingent upon an anniversary date or performance appraisal.
Q: I am on an unpaid FMLA leave. Because I am not being paid I don’t have the money to pay my share of the health and dental insurance premiums. Can UNI cancel my coverage?
UNI must send you a notice 15 days’ notice after the date the premium is due. If the premium is still not paid 30 days after the date the premium was due, your coverage will be cancelled.
Q: Does UNI have to continue my other benefits while I am on an unpaid leave?
No. FMLA only requires that the University continue your health and dental insurance.
Q: I want to take FMLA leave when I adopt a child but I am concerned that the University will fill my position while I am away and I will have to accept another position or another shift.
An employee returning from a FMLA leave is entitled to his/her same job or an equivalent position with no loss of pay or status. 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.
Q: If UNI has a layoff while I am on FMLA leave and my job would have been affected by the layoff, will I still have the entitlement to the same or equivalent position at the end of my leave?
No. FMLA leave does not offer you any greater job protection than you would have had if you had not taken a leave.
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