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Chuck Risley, M.B.A., SPHRManaging Director, Employee Relations and Development

The Family and Medical Leave Act (FMLA) of 1993, as amended (2008), allows ‘‘eligible’’ employees of a covered employer (TTUHSC) to take job-protected, unpaid leave, or to substitute appropriate paid leave if the employee has earned or accrued it, for up to a total of 12 workweeks in any 12 months because of:

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The birth of a child, or placement of a child with you for adoption or foster care;

Your own serious health condition; Because you are needed to care for your

spouse, child, or parent due to his/her serious health condition.

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Because of a qualifying exigency arising out of the fact that your spouse, son or 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.

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Because you are the spouse, son or daughter, parent, or next of kin of a covered service member with a serious injury or illness.

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FMLA is intended to allow employees to balance their work and family life by taking reasonable unpaid leave (TTUHSC requires paid leave to be taken if available) for eligible reasons (listed previously).

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The Act is intended to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity… while accommodating the legitimate interests of employers.

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FMLA = Pay

FMLA = Job Protection

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Employee

Employer

TTUHSC employee 12 months/1250 hours Must be for an eligible reason:

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The birth of a child, or placement of a child with you for adoption or foster care (Note: State Parental Leave may be available if not eligible for FMLA);

Your own serious health condition; Because you are needed to care for your

spouse, child, or parent due to his/her serious health condition.

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A “Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves either:◦ (1) Inpatient care (i.e., an overnight stay) in a

hospital, hospice, or residential medical-care facility, including any period of incapacity (i.e., inability to work, attend school, or perform other regular daily activities) or subsequent treatment in connection with such inpatient care; OR

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(2) Continuing treatment by a health care provider, which includes:◦ (a) A period of incapacity lasting more

than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also includes:

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- treatment two or more times by or under the supervision of a health care provider (i.e., in-person visits, the first within 7 days and both within 30 days of the first day of incapacity); OR

- one treatment by a health care provider (i.e., an in-person visit within 7 days of the first day of incapacity) with a continuing regimen of treatment (e.g., prescription medication, physical therapy); OR

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◦ (b) Any period of incapacity related to pregnancy or for prenatal care. A visit to the health care provider is not necessary for each absence; OR

◦ (c) Any period of incapacity or treatment for a chronic serious health condition which continues over an extended period of time, requires periodic visits (at least twice a year) to a health care provider, and may involve occasional episodes of incapacity. A visit to a health care provider is not necessary for each absence; OR

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◦ (d) A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. Only supervision by a health care provider is required, rather than active treatment; OR

◦ (e) Any absences to receive multiple treatments for restorative surgery or for a condition that would likely result in a period of incapacity of more than three days if not treated.

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Unless complications arise:◦ Common Cold◦ Flu◦ Ear ache ◦ Upset stomach◦ Minor ulcers◦ Headaches (non-migrane)◦ Orthodontia problems◦ Periodontal disease

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Because of a qualifying exigency arising out of the fact that your spouse, son or 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.

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Because you are the spouse, son or daughter, parent, or next of kin of a covered service member with a serious injury or illness (up to 26 weeks).

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While on FMLA:◦ Required to use (accrued) paid leave otherwise

LWOP (or SLP if eligible)◦ While on LWOP, state continues to pay employee

portion of health insurance premium ◦ Job protection

If not on FMLA:◦ Full month LWOP status: State DOES NOT pay

employee portion of health insurance premium◦ No job protection unless in “paid” leave status

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Supervisor (Per OP 70.32): The employee's supervisor is responsible for notifying the employee of the requirement to apply for FML when leave is requested/taken for FMLA eligible reasons.

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Employee (Per OP 70.32): TTUHSC employees are required to apply for FML coverage as outlined in this policy for Family and Medical Leave Act (FMLA) qualifying conditions/events requiring absence from work.

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OP 70.06 Employee Working Hours and Holidays

OP 70.01 Leaves of Absence OP 70.32 Family and Medical Leave

(FML)◦ Updated 7/09◦ New certification forms

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Your local HR contact/HR Department Liana Garza, M.B.A. Leave Administrator

TTUHSC Human Resources, Lubbock(806) 743-4747 ext 235Liana.garza@ttuhsc.edu

DOL Website:http://www.dol.gov/esa/whd/fmla/finalrule.htm

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