Employee Illness Leave - An employee may take leave because of his/her own serious health condition that makes the employee unable to perform his/her job. Qualifying Exigency Leave - An employee may take a qualifying exigency leave for certain “qualifying exigencies” arising out of the fact that the employee’s spouse, child of any age, or parent is on active duty (or has been notified of an impending call to active duty) in support of certain types of military operations, known as “contingency operations.” The family member must be a member of the National Guard or one of the military’s reserve units or a retired member of the regular armed forces or the Reserves. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, attending post-deployment reintegration briefings and any other circumstance that the University and the employee agree should be a qualifying exigency and as to which they agree about the timing of the leave for that event. Military Caregiver Leave - An employee may take a military caregiver leave to care for a spouse, child of any age, parent or next of kin who is a current member of the Armed Forces (including a member of the National Guard or the Reserves) and incurs a serious illness or injury in the line of duty or active duty that may render the service member medically unable to perform his or her duties, if the illness or injury is one for which the service member (1) is undergoing medical treatment, recuperation or therapy, (2) is in outpatient status, or (3) is on the temporary disability retired list. If a military caregiver leave also qualifies as a leave for family illness, the leave will be designated as a military caregiver leave. Serious Health Condition A “serious health condition” is an illness, injury, impairment or physical or mental condition that involves either an overnight stay in a medical care facility or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
Notice and Scheduling of Leave and Related Employee Responsibilities
Required Information - Employees who seek FMLA leave must provide sufficient information for the University to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider or circumstances supporting the need for a leave for a qualifying exigency or to serve as a military caregiver. Employees must also inform the University if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees may also be required to provide a certification and periodic recertification supporting the need for leave. Unless a longer period is specified, a medical certification or recertification must be completed and returned to the University within 15 days of the University’s request. Moreover, employees on leave may be contacted periodically for updates concerning their status and intent to return. Employees are expected to be fully responsive to such requests for updates.
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