Questions
An employee’s last day worked before his/her leave begins is a Friday. When does the employee’s leave of absence begin?
How is time off for a leave of absence determined?
An employee was on a personal leave of absence for 30 days and their baby was born on the 29th day of the leave. The employee is now going to take a maternity leave of absence. Will the 30 days of personal leave be counted towards the 90 day entitlement, leaving 60 days for maternity leave during the 12 month period?
An employee’s daughter is having a baby and as a grandparent he/she wants to be with her when the child is born. The employee’s daughter is legally married, over 18 years old, and is not the employee’s dependent. Is the employee entitled to take a leave of absence and use sick time?
Can an employee take a 3 month (90 days) FMLA leave of absence for the birth of a child even though the employee has been gone on a 3 month medical leave of absence this year?
How much sick time is a male employee entitled to use due to the birth of his child; can he take 90 days under the FMLA?
Which employees are “eligible” to take leave under FMLA?
Who qualifies as a health care provider under the FMLA?
Is the time worked as a temporary employee counted for the 12 previous months or 1,250 hours worked when taking a leave under FMLA?
What happens if an employee’s FMLA leave of absence exceeds 90 days and he/she is not ready to return to work?
If an employee’s grandparent is sick, does the employee have to be financially responsible for the grandparent to be entitled to take a family leave of absence?
When can employees start taking a family leave of absence for the adoption of a child - when the Department of Children and Families gives the child to the employee as a foster parent; or when the adoption papers are finalized?
In addition to the Request for Leave of Absence Form, what additional paperwork needs to be completed to take a leave for the adoption of a child?
What is the University's bereavement policy for employees?
An employee and his wife both work for the University. His mother-in-law passed away; is the employee also entitled to take a funeral/bereavement leave?
Are employees entitled to take a funeral leave if their uncle passes away?
Can employees take a personal leave of absence during probationary period?
For an exempt employee on Short-Term Disability, STD pays 66.67% of the salary; can the employee use sick or vacation time for the difference?
Are scheduled holidays calculated at one-third of pay in DHRS when an employee is on a paid leave using Short-Term Disability (STD)?
What are the eligibility and accrued time usage policies for Maternity and for Medical Leaves of Absence?
What will happen to your benefits while on an unpaid leave of absence?

Since the employee's last day worked was Friday, the leave of absence will begin on the following Monday. The start of a leave of absence is the following business/working day after the last day worked.

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An employee may take up to 90 calendar days for a medical, family, personal or other type of leave of absence in a 12 month period. This is calculated by counting back one year from the start of the leave of absence and subtracting days already used. For example, leave of absence begins on March 1, 2007. Looking back 12 months to March 1, 2006, the employee used 31 days of leave from October 1 to October 31 in 2006. This employee is eligible for 59 days of leave of absence beginning on March 1, 2007.

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Yes. The 30 days used as personal leave are counted toward the 90 day entitlement for a 12 month period.

Please refer to the appropriate Leave of Absence Policy for more information.

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A personal leave of absence (unpaid leave) can be used with the employee's immediate supervisor authorization. Sick time usage under the FMLA can be used for a medical leave of absence (employee's illness) or as described in the University Leave of Absence Policies.

Please refer to the appropriate Leave of Absence Policy for more information.

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Extensions and leaves beyond 90 days in a 12 month/year (see Note 1) period for medical leaves of absence will be reviewed and approved on a case-by-case basis in consultation with the appropriate Central Office. A leave extension does not guarantee reinstatement to the same position if the leave exceeds 90 calendar days. The total number of days for medical leaves, including extensions, cannot exceed 180 in any 12 month period.

Please refer to the appropriate Leave of Absence Policy for more information.

Note 1: A “year” for purposes of counting the leave of absence period is based on a rolling year, which means that the start date of the leave of absence determines the beginning of the “year” period.

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A paternity leave is for up to 90 days and the male employee can use sick time for the period that his wife is incapacitated after the birth of a child (6 or 8 weeks). He needs documentation for that sick time (use the appropriate Certification of Health Care Provider).

Spouses who work for the same employer are jointly entitled to a combined total of 90 days when the leave is taken for the birth of a child.

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(a) An “eligible employee” is an employee of a covered employer who:
(1) Has been employed by the employer for at least 12 months, and
(2) Has been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave, and
(3) Is employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite. (See § 825.105(a) regarding employees who work outside the U.S.)

(b) The 12 months an employee must have been employed by the employer need not be consecutive months. If an employee is maintained on the payroll for any part of a week, including any periods of paid or unpaid leave (sick, vacation) during which other benefits or compensation are provided by the employer (e.g., workers' compensation, group health plan benefits, etc.), the week counts as a week of employment. For purposes of determining whether intermittent/occasional/casual employment qualifies as 'at least 12 months,' 52 weeks is deemed to be equal to 12 months.

(c) Whether an employee has worked the minimum 1,250 hours of service is determined according to the principles established under the Fair Labor Standards Act (FLSA) for determining compensable hours of work (see 29 CFR Part 785). The determining factor is the number of hours an employee has worked for the employer within the meaning of the FLSA. The determination is not limited by methods of record-keeping, or by compensation agreements that do not accurately reflect all of the hours an employee has worked for or been in service to the employer. Any accurate accounting of actual hours worked under FLSA's principles may be used. In the event an employer does not maintain an accurate record of hours worked by an employee, including for employees who are exempt from FLSA's requirement that a record be kept of their hours worked (e.g., bona fide executive, administrative, and professional employees as defined in FLSA Regulations, 29 CFR Part 541), the employer has the burden of showing that the employee has not worked the requisite hours. In the event the employer is unable to meet this burden the employee is deemed to have met this test. See also § 825.500(f). For this purpose, full-time teachers (see § 825.800 for definition) of an elementary or secondary school system, or institution of higher education, or other educational establishment or institution are deemed to meet the 1,250 hour test. An employer must be able to clearly demonstrate that such an employee did not work 1,250 hours during the previous 12 months in order to claim that the employee is not 'eligible' for FMLA leave.

(d) The determinations of whether an employee has worked for the employer for at least 1,250 hours in the past 12 months and has been employed by the employer for a total of at least 12 months must be made as of the date leave commences. If an employee notifies the employer of need for FMLA leave before the employee meets these eligibility criteria, the employer must either confirm the employee's eligibility based upon a projection that the employee will be eligible on the date leave would commence or must advise the employee when the eligibility requirement is met. If the employer confirms eligibility at the time the notice for leave is received, the employer may not subsequently challenge the employee's eligibility. In the latter case, if the employer does not advise the employee whether the employee is eligible as soon as practicable (i.e., two business days absent extenuating circumstances) after the date employee eligibility is determined, the employee will have satisfied the notice requirements and the notice of leave is considered current and outstanding until the employer does advise. If the employer fails to advise the employee whether the employee is eligible prior to the date the requested leave is to commence, the employee will be deemed eligible. The employer may not, then, deny the leave. Where the employee does not give notice of the need for leave more than two business days prior to commencing leave, the employee will be deemed to be eligible if the employer fails to advise the employee that the employee is not eligible within two business days of receiving the employee's notice.

(e) The period prior to the FMLA's effective date must be considered in determining employee's eligibility.

(f) Whether 50 employees are employed within 75 miles to ascertain an employee's eligibility for FMLA benefits is determined when the employee gives notice of the need for leave. Whether the leave is to be taken at one time or on an intermittent or reduced leave schedule basis, once an employee is determined eligible in response to that notice of the need for leave, the employee's eligibility is not affected by any subsequent change in the number of employees employed at or within 75 miles of the employee's worksite, for that specific notice of the need for leave. Similarly, an employer may not terminate employee leave that has already started if the employee-count drops below 50. For example, if an employer employs 60 employees in August, but expects that the number of employees will drop to 40 in December, the employer must grant FMLA benefits to an otherwise eligible employee who gives notice of the need for leave in August for a period of leave to begin in December.

[60 FR 2237, Jan. 6, 1995; 60 FR 16383, Mar. 30, 1995]

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A person authorized to provide health care services includes podiatrists, psychologists, optometrists, chiropractors, dentists, doctors of medicine or osteopathy, nurse practitioners and midwives, clinical social workers, Christian Science practitioners, and any recognized health care provider.

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Yes. The time is counted if worked as a Temporary Pool/Casual Worker/Regular Employee as long as the employee has worked 1,250 hours in the previous 12 months.

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A family leave of absence can be requested for a maximum of 90 calendar days in a rolling calendar year. Extensions are not permitted. However, an employee may request a personal leave of absence. Personal leaves of absence must be approved by the employee's department head and cannot exceed 90 calendar days. All personal leaves are unpaid and the position can be guaranteed for 30 calendar days only.

Please refer to the appropriate Leave of Absence Policy for more information.

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As explained in the family leave of absence policies, it has to be a grandparent who lives with the employee and for whom the employee permanently assumes financial responsibility.

Please refer to the appropriate Leave of Absence Policy for more information.

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An employee may take a FMLA leave before the actual placement or adoption of a child if an absence from work is required for the placement for adoption or foster care to proceed.

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The adoption notice from the organization/lawyer needs to be forwarded along with the Request for Leave of Absence Form. Usually, this legal document indicates when and where the adoption will take effect; this date will be the effective date of the leave. The leave of absence is limited to a maximum of 90 calendar days. The employee may use accrued vacation time and floating holidays to remain in pay status during this period (female employees are entitled to use up to six weeks of accrued sick time).

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Bereavement may be granted to eligible employees for a maximum of three consecutive working days following the death of a member of the immediate family. An immediate family member includes spouse, child, parent, step-parent, parent-in-law, brother, sister, brother-in-law, sister-in-law, daughter-in-law, son-in-law, grandchild, grandparent, grandparent of spouse, legal guardian, foster child, or domestic partner. Administrative Leave time is used for bereavement.

Please refer to the appropriate Leave of Absence Policy for more information.

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Funeral/Bereavement: Administrative Leave with pay may be granted to eligible employees for a maximum of three consecutive working days following the death of a member of the immediate family.

Immediate Family in the policy is defined as: spouse, same-sex domestic partner (see the Health Insurance Policy D030), child, parent, step-parent, parent-in-law, brother, sister, brother-in-law, sister-in-law, daughter-in-law, son-in-law, grandchild, grandparent, grandparent of spouse, legal guardian, and foster child.

Please refer to the appropriate Leave of Absence Policy for more information.

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Regular employees (non-temporary) may take bereavement (funeral leave) time off for up to three consecutive working days for an immediate family member (see below). An uncle is not considered immediate family, thus you would not be eligible for bereavement leave.

Immediate Family in the policy is defined as: spouse, same-sex domestic partner (see the Health Insurance Policy D030), child, parent, step-parent, parent-in-law, brother, sister, brother-in-law, sister-in-law, daughter-in-law, son-in-law, grandchild, grandparent, grandparent of spouse, legal guardian, and foster child.

Please refer to the appropriate Leave of Absence Policy for more information.

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During the probationary period employees may take certain types of leaves of absence. They may take a personal leave, but they may not take a medical (FMLA) leave.

Please refer to the appropriate Leave of Absence Policy for more information.

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To get paid 100% of the salary while on Short-Term Disability, the employee may use accrued and unused sick and vacation time, or floating holidays.

The employee must first have completed a Request for Leave of Absence Form with the supervisor as well as a Short-Term Disability application.

For more information regarding Short-Term Disability, visit the Benefits Administration website.

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Yes; scheduled holidays are calculated at one-third pay in DHRS when an employee is on a paid leave using STD, but not on Kronos, for which the supervisor would have to manually make the adjustment.

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Maternity Leave
Regular employees who have worked at least 1,250 hours during the 12-month period preceding the start of the leave may apply for a leave of absence for maternity reasons. If this requirement is not met but the employees have worked for at least 6 months, they can be placed on an unpaid personal leave for a maximum of 90 calendars days as long as it is approved by the supervisor and the appropriate Central Office.

Eligible employees may take up to 90 calendar days in a 12-month period for the birth of a child. Employees can use sick, vacation, and floating holidays (in this order) to remain on paid status. Sick time can only be used (after the birth of the child) for the first 6 weeks if normal delivery and 8 weeks if c-section or as determined by the health care provider. Employees can use available vacation and floating holidays for the remainder of the leave, if desired. If employees are on an unpaid leave, holidays will not be paid.

Employees that have Short Term Disability (STD) must contact Benefits Administration prior to taking the leave to obtain information regarding the STD and other benefits.

For additional information, refer to the Policies and Procedures Website and the Leave of Absence Manual.

Medical Leave
Regular employees who have worked at least 1,250 hours during the 12-month period preceding the start of the leave may apply for a leave of absence for medical reasons. If this requirement is not met but the employees have worked for at least 6 months, they can be placed on an unpaid personal leave for a maximum of 90 calendars days as long as it is approved by the supervisor and the appropriate Central Office.

A Medical Leave of Absence is taken when the inability of an employee to perform essential functions and job duties are a consequence of a medical condition. The leave should not exceed 90 calendar days; extensions will be reviewed and approved on a case-by-case basis in consultation with the appropriate Central Office. The total number of days for medical leaves, including extensions, cannot exceed 180 in any twelve-month period. Employees can remain on paid status by using accrued sick, vacation, and floating holidays if available. Sick time must be used until it is exhausted before going on unpaid status; however, vacation time and floaters can be used if desired.

Employees that have Short Term Disability (STD) must contact Benefits Administration prior to taking the leave to obtain information regarding the STD and other benefits.

For additional information, refer to the Policies and Procedures Website and the Leave of Absence Manual.

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Benefits Administration will make arrangements with the employee to continue to pay their premiums by coupon or if the leave is short (a month or less), the premiums will be collected when the employee returns. Benefits Administration will send a communication to the employee if that employee has a Leave of Absence document in DHRS. If the employee does not continue payments as arranged by Benefits Administration or if the employee does not make arrangements with Benefits Administration, their Health Insurance may be canceled.

For additional information, please contact the Benefits Administration office.

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