POLICY & PROCEDURE
FAMILY AND MEDICAL LEAVE
Under a federal law known as the Family and Medical Leave Act (“FMLA”), if you have worked for the University for at least twelve months, and have worked at least 975 hours during the twelve months prior to requesting leave, you are eligible for family and medical leave for the following purposes:
- The birth of a child, or placement of a child with you for adoption or foster care;
- Your own serious health condition which makes you unable to perform your job;
- You are needed to care for your spouse, child, or parent due to his/her serious health condition;
- A qualifying exigency arising out of the fact that your spouse, son, daughter or parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves;
- You are the spouse, son, daughter, parent, or next of kin of a covered service member with a serious injury or illness.
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.
You are not entitled to family or medical leave if you have not met the eligibility requirements above, if you’ve already used all of your family and medical leave, or if the reason for the absence does not qualify for family and medical leave, such as the birth of a grandchild. If you fail to submit any required documentation in a timely manner, your leave may be delayed.
Please contact the Workforce Management Organization if you have questions about whether you are eligible for family and medical leave.
Employees must notify their supervisor and the Workforce Management Organization at least thirty days in advance of the date leave is to begin if the need for the leave is foreseeable. If the need for leave is not foreseeable, such as a medical emergency or changed circumstances, the employee must give as much advance notice as possible under the circumstances.
Requests for leave must be submitted for each separate qualifying purpose, and must be renewed annually in the case of intermittent leave.
Tulane may require an employee on leave to periodically report on the status and intention of the employee to return to work.
Healthcare Provider Certification
Employees who request FMLA leave because of a serious health condition, whether their own or a family member’s, also may be asked to submit a completed “Certification of Health Care Provider” to the Workforce Management Organization. Subsequent re-certifications will be required as necessary. Failure to timely provide certification or recertification may delay the taking or continuation of leave under this policy.
Amount of Leave
If you are eligible for FMLA leave, you are allowed a maximum of twelve weeks of unpaid leave in any rolling, twelve-month period or up to 26 weeks of unpaid leave to care for a covered service member. To determine whether you have reached this limit as of a given date, you must count the amount of family and medical leave taken during the twelve months preceding that date.
Employees taking leave because of their own or a relative’s serious health condition can take their leave intermittently or in accordance with a reduced work schedule if medically necessary. Employees are required to consult with their supervisor to arrange a mutually acceptable schedule. Employees taking leave to care for a newly born or newly placed child do not have a right to take intermittent leave and can do so only with their supervisor’s consent.
Compensation and Benefits during Leave
Employees are required to use their paid sick and vacation leave during their FMLA absence. Once paid leave is exhausted, the remainder of the leave is unpaid. Employees on FMLA leave continue to be covered by Tulane’s group health plans on the same terms that are applicable to active employees. You will be required to continue to pay your share of all premiums due.
Reinstatement following FMLA Leave
On returning from an FMLA leave, employees are normally restored to their original or an equivalent position.
Questions about this policy should be directed to the Workforce Management Organization.