Section: Personnel
Policy Number: 4-37 (supersedes and replaces existing UD Policies 4-37 and 4-38; this policy is administered concurrently with UD Policies 4-24 and 4-48)
Policy Name:Family and Medical Leave
Date: July 1998, March 2009; August 2012; May 2013

  1. POLICY

    FMLA OVERVIEW

    The University of Delaware provides all eligible employees with up to a total of 12 workweeks of unpaid leave during any 12-month period measured backward from the first day of leave for various reasons identified in this policy. Those reasons are:

    • for the birth and care of the newborn child of the employee;
    • for placement with the employee of a son or daughter for adoption or foster care;
    • to care for an immediate family member (spouse, child, or parent) with a serious health condition;
    • to take medical leave when the employee is unable to work because of a serious health condition;
    • to care for a covered active service member who is ill or injured and who is a spouse, child, parent or next of kin; leave in this category is available for up to 26 weeks in a single, fixed 12 month period measured forward from the first date of leave; (*Note: this is the only time a 26 week period of time is used for FMLA administration).
    • for a qualifying exigency arising out of a call to duty or active duty by a covered service member in support of a contingency operation;

    EMPLOYEE ELIGIBILITY
    To be eligible for FMLA benefits, an employee must:

    • have worked for the University of Delaware for a total of 12 months;
    • have worked at least 1,250 hours over the 12 months prior to the leave date;

    Employer Notice Requirements (Government issued)
    The official US Department of Labor Family and Medical Leave Poster (FMLA), Employee Rights and Responsibilities Under The Family and Medical Leave Act, (Form WH 1420) is posted online and located at the central employment office on the first floor of 413 Academy Street, UD Office of Human Resources.

    The University of Delaware will provide each newly hired employee with a copy of the Employee Rights and Responsibilities Under The Family Medical Leave Act, (Form WH 1420), and when an employee requests leave, other related notices will be distributed in accordance with the FMLA guidelines:

    Employee Notice Requirements
    An employee must provide 30 days advance notice to the University of Delaware if the need for leave is foreseeable. If 30 days is not possible, the employee must notify the University of Delaware the same or the next business day after the employee learns of the need for leave. Even if the need for leave is unforeseeable, the employee must follow the unit's call out procedures, absent emergency circumstances. Failure to follow such procedures may result in delay or denial of FMLA protection.

    Certification Requirements
    The University of Delaware will distribute the form entitled Certification of Health Care Provider for Employee's Serious Health Condition (WH-380E) that impacts only the employee (self). Should the leave be required by an employee's family member as defined by the the FMLA guidelines, the form entitled Certification of Health Care Provider for Family Member's Serious Health Condition (WH-380F) will be distributed. These forms will be available online.

    Eligible employees have 15 calendar days to return the completed certification form. If an employee returns an incomplete or insufficient certification form, the employee must supplement the certification within 7 calendar days to cure the deficiency. If the employee fails to cure the deficiency, FMLA leave will be denied. Also, if an employee fails to return a completed certification, the FMLA leave will be denied. The University of Delaware will count as FMLA leave, any qualifying circumstances, regardless of whether a specific request is made by the employee.

    Intermittent Leave or Reduced Schedule
    An employee may take leave intermittently or on a reduced schedule only if medically necessary or due to a qualifying exigency. If medically necessary, the healthcare provider must estimate the frequency and duration of absences for unforeseeable intermittent leave.

    Coordination of Paid and Unpaid Leave
    During periods of FMLA, paid sick leave, vacation and unpaid leave will be designated in accordance with University of Delaware policies.

    The New Military Family Leave Entitlements
    The National Defense Authorization Act for Fiscal Year 2008 (NDAA), enacted in January 2008, amended the FMLA, adding the two additional reasons identified above for which an eligible employee can take leave: (A)"military caregiver" leave and (B)"qualifying exigency" (event) leave.

    1. Military Caregiver Leave
      Eligible employees may take up to 26 work weeks of leave during a single, fixed 12-month period to care for a seriously injured or ill covered service member. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties. An employee may be eligible for military caregiver leave if he or she is a spouse, child, parent or next of kin, of the covered service member. The single fixed 12-month period begins on the first day the eligible employee takes leave and ends 12 months after that date. An employee must complete a Certificate of Serious Injury or Illness of Covered Service Member form (Form WH-385), to be eligible for military caregiver leave.

    2. Qualifying Exigency Leave (Active Duty Leave)
      Eligible employees may use their 12-week FMLA leave entitlement due to a qualifying exigency that arises from the employee's spouse, child, or parent on active duty or being called to active duty in the National Guard or Reserves in support of a contingency operation. Leave cannot be taken by next of kin. Employees whose family members are part of the Regular Armed Forces are not eligible to take qualifying exigency leave under the FMLA.

      To support exigency leave, an employee must complete the form entitled Certification of Qualifying Exigency For Military Family Leave (Form WH-384).

      FMLA identified requests should be submitted to the employee's supervisor. FMLA and related JED forms shall be submitted to Payroll and Systems Administration with final approval by the Assistant Vice President, Labor Relations and Human Resources.

     

Submitted by: Labor Relations