Family Medical Leave Act (FMLA)

In what circumstance(s) would FMLA be applicable?

• A maximum of twelve workweeks of FMLA leave in a 12-month period (with applicable doctor’s certification) for:
  • the birth of a child and to care/bond with the newborn child within one year of birth;
  • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • a self serious health condition where the employee is unable to perform the essential functions of his or her job;

• This is defined by the Department of Labor as "an illness, injury, impairment, or physical or mental condition that involves: inpatient care in a hospital, hospice, or residential medical care facility; or. continuing treatment by a health care provider”

• a family member’s serious health condition; for the employee to provide care to the employee’s spouse, child, or parent who has a serious health condition;
• a qualifying exigency leave; as further defined under https://www.dol.gov/agencies/whd/fact-sheets/28m-fmla-military-family that provides an employee to take FMLA leave for events and/or circumstances (explained in the DOL policy link) where a spouse, child, or parent is covered under active duty, called to, or notified of an impending call to active duty.

• A maximum of twenty six workweeks of FMLA leave in a 12 month period (with applicable doctor’s certification) for:

• • Military caregiver leave; as further defined under https://www.dol.gov/agencies/whd/fact-sheets/28m-fmla-military-family provides an employee “to care for a covered servicemember (active or veteran) with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin”.

Family Medical Leave Act (FMLA)

Information for UNO Employees

Information for UNO Managers and Supervisors

---

Family Medical Leave Act

Eligible employees are entitled to:

Twelve workweeks of leave in a 12-month period for:

• the birth of a child and to care for the newborn child within one year of birth;
• the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
• to care for the employee’s spouse, child, or parent who has a serious health condition;
• a serious health condition that makes the employee unable to perform the essential functions of his or her job;
• any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

For more information visit the United States Department of Labor

---

Information for UNO Employees

FMLA leave can be continuous, part of a reduced leave schedule, or it may be intermittent. For example, if you need to see a physical therapist weekly. It may also be a combination of these types.

A Family Medical Leave Request will be considered by requesting an FMLA packet (which includes applicable forms) from HR Benefits at unobenefits@unomaha.edu. Upon return to the FMLA packet’s required forms to HR Benefits; HR Benefits will review the request to ensure compliance with Department of Labor FMLA qualifying events. Once HR Benefits has made a determination, an FMLA approval or denial letter will be provided to the employee.

Eligibility

Per the University’s Board of Regent Policy, section entitled Employee Leave https://nebraska.edu/faculty-and-staff/resources/employee-leave#:~:text=Under%20University%20policy%20and%20as,certain%20family%20and%20medical%20reasons, the policy defines the criterion in relation to an employee’s FMLA entitlement:

All regular Academic/Administrative, Managerial/Professional and Office/Service employees with an FTE of .50 or greater are eligible for FMLA immediately upon hire.

All other employees (including temporary and graduate student employees), to qualify for FMLA, will need to have worked for the University for at least one year, and for 1,250 hours over the immediate previous 12 months (which are not required to be consecutive).

Benefits and Protections

During FMLA leave, your NUFlex health coverage will not change. Upon returning from FMLA leave, you must be restored to your original, or an equivalent position, with equivalent pay, benefits, and other employment terms. The use of FMLA leave cannot result in the loss of any employment benefits accrued prior to the start of your leave.

If your anticipated FMLA leave will be for an extended, consecutive period of time please also contact Parking Services at unoparking@unomaha.edu

Employee Responsibilities

A Family Medical Leave Request will be considered by requesting an FMLA packet (which includes applicable forms) from HR Benefits at unobenefits@unomaha.edu.

Return to Work

On your first day back at work, you must provide your supervisor with a fitness-for-duty medical certification from your physician that confirms you are able to return to work and includes any special restrictions or instructions. If you fail to submit the return to work certification you will not be allowed to return that day.

FMLA Regulations in conjunction with University Paid Leave Policies:

Per the Department of Labor, FMLA entitles eligible employees to take unpaid leave (under the assumption of qualifying DOL defined FMLA circumstances), however, eligible employees do have the option to utilize paid absences, for all or any duration of their FMLA leave. Please note, FMLA does run concurrently with any (FMLA defined) paid absence(s):

Managerial/Professional/Office & Service employees:

• Sick Leave: Those who are eligible for sick leave accruals, do have the option to utilize their unused, accrued balances (if they so wish, this is not required) to receive pay during any or all of their (doctor certified) FMLA absence.
  • In relation to a Self Serious Health Condition, as defined in Section 3.0 https://nebraska.edu/-/media/projects/unca/faculty-staff/resources/employee-policy-manual.pdf?la=en, there is no defined limitation in hours and/or days that employees can utilize within their current ‘sick bank’ available.
  • In relation to a Family Serious Health Condition, as defined in Section 3.8 https://nebraska.edu/-/media/projects/unca/faculty-staff/resources/employee-policy-manual.pdf?la=en, sick leave may be used up to a maximum of (5) working days per illness.
• Vacation leave: For those who are eligible vacation leave accruals, do have the option to utilize their unused, accrued balances (if they so wish, this is not required) to receive pay during any or all of their (doctor certified) FMLA absence.

Faculty:

Leaves: Those who are eligible for Faculty leaves, as described in section 3.9 of the Collective Bargaining Agreement https://www.unomaha.edu/academic-affairs/_files/documents/compliance/collective-bargaining-agreement.pdf, may allow for leaves (paid or unpaid) within the CBA.

PLEASE NOTE: In relation to any paid leave options elected by the employee, FMLA does run concurrently.

Maternity Leave and FMLA Regulations

For maternity, an average of six to eight weeks of sick leave is allowed for convalescence to recover from the birth of a child. Sick leave is allowed for a longer period of time if the employee has to leave work early due to complications of pregnancy or has a longer recovery period as certified by a physician.

FMLA provisions allow up to 12 weeks of protected time and unpaid leave or vacation may be used (with department approval) to extend maternity leave for convalescence and bonding with a newborn.

Adoption

UNO allows eight weeks of sick leave time. Male employees may be eligible for the eight weeks of paid sick leave.

---

Information for Managers and Supervisors

Supervisor Responsibilities

• Follow normal procedures and communication channels in the department
• Obtain additional information and clarification from the employee and from Human Resources as necessary
• Sign the Request for Family Medical Leave Form for department approval
• Track and document all leave hours taken in relation to this approved FMLA leave
• Provide Human Resources with a copy of the Return to Work (Fitness for Duty) certification when your employee returns to work

Approved for FMLA? What happens now? Important Information for Employees & Managers:

• Specific details regarding potential FMLA needs should not be disclosed to an employee’s supervisor (unless it is the employee’s will to do such).
• Either employees, and/or their managers, who become aware of a potential FMLA need, must advise HR Benefits at unobenefits@unomaha.edu. HR Benefits will then work directly with the employee for further understanding and guidance.
• FMLA specific information is HIPAA protected (Health Information Portability and Accountability Act). HR Benefits are the ONLY appropriate resources of such information. All FMLA documentation should be provided to HR Benefits for housing in a separate location, not in Employee Records.
• Employees and Managers should continue with general protocols in relation to call-in procedures (with the employee denoting paid or unpaid time off, & denoting if the absence is FMLA applicable).
• Employees remain active in UNO systems during periods of FMLA. It remains the responsibility of the employee to record their time away from scheduled work appropriately. The comment “FMLA” should also be denoted within their timekeeping system utilized. The manager’s responsibility is to approve time as per their regular procedures followed. If a determination is made by employee to take unpaid FMLA leave, please advise HR Benefits at unobenefits@unomaha.edu, of the unpaid dates and hours, so coordination with Payroll can occur.
• Employees should keep a separate log (a simple excel spreadsheet is recommended) with Employee Name, FMLA date, FMLA hours taken. This is a critical action by management, as the University’s payroll system does not currently have the capacity to track employee FMLA hours utilized. FMLA hours which exceed the (doctor approved duration/frequency, or are reaching the maximum 12 weeks of FMLA per year) should initiate a conversation with HR Benefits at unobenefits@unomaha.edu.
• Employee benefits during the FMLA (doctor certified) block or intermittent FMLA leave, does not affect an employee’s benefit elections. Benefits continue to remain active, with no break in coverage, and the employee continues to pay the employee only cost of such benefit(s), typically via payroll deduction when net pay allows for such.
• When applicable to return to work:
  • Employees - On your first day back at work, you must provide your supervisor with a fitness-for-duty medical certification from your physician that confirms you are able to return to work and includes any special restrictions or instructions (including an indication if they are temporary or permanent in nature). If you fail to submit the return to work certification you will not be allowed to return to work that day.
  • Managers – Please provide a copy of the return to work doctor’s note to HR Benefits at unobenefits@unomaha.edu, and include the date of the employee’s return to work. If accommodations are denoted on the doctor’s note, there may be circumstances, dependent upon factors such as capacity to complete essential duties, or other temporary or permanent restrictions, where HR’s role may continue with the Human Resources ADA Specialist (Americans with Disabilities Act).
• Further questions? Please contact HR Benefits at unobenefits@unomaha.edu.