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MSUE Administrative Handbook: Human Resources

 


 

SUBJECT:

FAMILY MEDICAL LEAVE ACT

 

 

POLICY:

Eligible employees are allowed to take unpaid leave, or paid leave if earned, for a period of up to twelve work weeks in any twelve month period (defined by MSU as the fiscal year, i.e., July 1 through June 30) in the event of the birth of a child or the placement of a child for adoption or foster care; because the employee is needed to care for a family member (child, spouse or parent) with a serious health condition; or because an employee's own serious health condition makes them unable to do their job.  

  1. For birth of an employee's child, including prenatal doctor visits as well as caring for the newborn child, anytime within the first twelve months of the birth of the baby,
  2. For placement of a child for adoption or foster care with the employee anytime within the first twelve months of the placement of the child,
  3. To care for an employee's spouse/eligible partner, child, or parent with a serious health condition, or
  4. Because of a serious health condition that makes the employee unable to perform the essential functions of his/her job.
  5. Qualifying exigencies related to a family member’s call up, for or service on, active military duty
  6. Military caregiver leave related to care for a family member who has, or is recuperating from, a serious illness or injury incurred in military service, including where the employee is next of kin to the service member.

 

Health and dental benefits, if enrolled, will be maintained at the same level and under same conditions as coverage would have been provided if the staff member were continuously employed during the entire leave period.  The Act provides that this leave may be taken intermittently or on a reduced leave schedule.

 

 

APPLIES TO:

MSUE Provost-appointed staff and non-academic staff

 

 

ELIGIBILITY:

Staff who have regular appointments of nine months or longer and have been employed by MSU for at least twelve months are eligible under FMLA. Staff with temporary appointments of less than nine months who have been employed by MSU for at least 12 months and have at least 1,250 hours of service during the twelve months immediately preceding the commencement of FMLA leave are also eligible.

The 1,250 hours requirement is counted only for hours actually worked and does not count hours spent on vacation, sick, and personal leave, etc. However, under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), employees called to active (or National Guard) duty are entitled, upon their return to employment, to all the benefits of employment that they would have obtained, if they had been continuously employed.

 

 

PROVISIONS/RESTRICTIONS:

 

 

  1. Responsibility for FMLA requests, designations and paperwork is shared by the employee, his/her immediate supervisor and the appropriate Regional/Campus administrative staff.
  2. For detailed information and forms relating to FMLA leave, employees should go to the MSU HR website at:

FMLA – Academic Staff

FMLA – Support Staff

  1. The supervisor discusses the potential FMLA case with the MSUE staff member who is responsible for completion of that employee's paperwork, and others as appropriate, in order to determine the applicability of FMLA.
  2. Note that FMLA qualified for military service has different stipulations and requires different forms.
  3. The supervisor manages the absence of the employee.
  4. Supervisors must be familiar with MSU Family Medical Leave Act policy and procedures. Contact MSUE Human Resources with questions.

 

 

DATE: April, 2009