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
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:
To be eligible for FMLA benefits, an employee must:
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.
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.
Submitted by: Labor Relations