Family and Medical Leave

The Federal Family and Medical Leave Act of 1993 (also referred to as FMLA) was adopted by Congress to help employees balance the demands of the workplace with the needs of their families. ”Details regarding the Wright State Family and Medical Leave Act policy and application process is outlined below.”

Policy

Rights, Responsibilities & Process

Employee Rights

FMLA gives eligible employees the right to take job-protected leave for up to a total of 12 weeks in any 12 month period for:

  • The birth of a child or the placement of a child for adoption or foster care
  • The employee’s own serious health condition
  • The care of an immediate family member due to a serious health condition

All full-time and part-time employees of Wright State University are eligible for FMLA when a qualifying event occurs. This type of leave runs concurrently with any other available leaves (i.e. sick leave, disability leave, worker’s compensation, parental leave).

FMLA is provided for the employee for up to a maximum of 12 weeks, for all leaves in a 12 month rolling calendar period. The 12 month period is defined as the period which begins on the first day of leave.

Leave for the birth or placement of a child may be used at anytime within the 12 months after the birth or placement, but must be completed within that initial 12 months.

The FMLA Process

The employee or employee’s representative must complete the Family and Medical Leave (FMLA) Request Form and designate if they will use accrued vacation leave once all available sick leave has been exhausted (this designation must be made up front, as it cannot be changed once submitted).

In order to have the FMLA request reviewed and approved, the employee must also submit a completed Certification of Healthcare Provider for the respective request, i.e., employee’s own serious health condition, immediate family member’s or military or military exigency. All certification forms are available on the Human Resources website at the Benefits/Leave page under the “Leave Forms,” tab.

The employee should plan to have their FMLA Certification packet returned to Human Resources Benefits within fifteen (15) days of the date their FMLA Request Form was submitted. Delays in submitting the certification documentation to Human Resources Benefits, can result in a delay in the FMLA approval process.

Upon receipt of the applicable certification documentation, HR Benefits will forward the employee a Notice of Eligibility and Rights and Responsibilities communication as well as an FMLA Designation Notice communicating the approval, denial or request for additional information.

The employing college or division is responsible for providing to the Human Resources Benefits department all FMLA utilization for each employee during each pay period.

Questions can be directed to hr-leave@wright.edu or 937-775-3399.

Pay and Benefits while on FMLA

Wright State University requires that any available accumulated sick leave (when appropriate) and vacation must be used concurrently with an FMLA qualifying absence.  

Health insurance benefits (if not previously waived) will continue during the leave period.  If the leave is paid, the premium will be deducted from the employee’s paycheck. If the leave is unpaid, the employee will be responsible to remit the premium to Human Resources by the 15th of the month in which it is due.  Premiums for life insurance, long-term disability, and flexible spending account may also be required during an unpaid FMLA leave. During the portion of the leave that is unpaid, the employee will not accrue sick leave or vacation or receive holiday pay or university closure pay.

Intermittent Leave

Intermittent leave is also available under the Family and Medical Leave Act.  It can be taken in blocks of time or as a reduced schedule. In order to take intermittent leave, it must be shown to be medically necessary to do so and the employee must provide a schedule of the leave if at all possible.   

Military Family Leave

Eligible employees are entitled to up to 12 weeks of leave because of “any qualifying exigency” arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation.   

An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to 26 weeks of leave in a single 12 month period to care for the service member. This military caregiver leave is available during “a single 12 month period” during which an eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave. The employee is required to provide appropriate documentation that supports the need for Military Family Leave.

Return from Leave

If FMLA leave is for the employee’s own qualifying serious health condition, the employee is required to provide a return to work certification prior to returning to work. Upon return from FMLA leave, the employee will be returned to his/her original or equivalent position with equivalent pay, benefits, and other terms of employment.

Serious Health Condition

The general rule for determining whether an illness or injury constitutes a “serious health condition” is that it involves one of the following four circumstances:

  • Illness or injury that involves an overnight hospital stay, or
  • Illness or injury that involves a continuing treatment by a health care provider for a condition that causes more than 3 days of incapacity and two or more treatments by a health care provider, or
  • Illness or injury that involves at least one treatment by a health care provider and a regimen of continuing treatment under a health care provider’s supervision, or
  • Any period of incapacity due to pregnancy, prenatal care, or a chronic serious health condition, or a permanent or long-term serious health condition, or to receive medical treatment or restorative surgery for a condition that will likely result in a period of incapacity of more than three days.