FMLA

Family and Medical Leave

Purpose

The Family and Medical Leave Act of 1993 was passed by Congress 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; to minimize the potential for employment discrimination on the basis of sex by ensuring generally that leave is available for eligible medical reasons (including maternity-related disability) and for compelling family reasons; and to promote the goal of equal employment opportunity for women and men.

FMLA should be applied for when an absence lasts longer than 3 days due to illness or other medical conditions. This protects the employee and the employer to comply with the law. If there is a planned absence such as maternity or a surgery, FMLA can be applied for up to 30 days in advance.

FMLA Policy

• FMLA provides up to 12 (or 26, as appropriate) workweeks of unpaid, job-protected leave in a 12-month period, based on eligibility for one of the following qualifying reasons:
• Birth and care for a newborn; (see also Paid Parental Leave)
• Care for an adopted or foster child; (see also Paid Parental Leave)
• Care for a child, spouse, or parent with a serious health condition
• A personal serious health condition that prevent the employee from performing one or more of the essential functions of the position;
• Because of any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent is a military member on covered active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation; and,
• An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member shall be entitled to a total of 26 workweeks of leave during a single 12-month period (commencing on the on the date the employee first takes leave) to care for a covered service member who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment, recuperation or therapy; or otherwise in outpatient status; or on the temporary disability retired list.

Employees may be able to use their eligible leave (including sick, vacation, bonus and voluntary shared leave) concurrently while approved for FMLA to remain in a paid status.

Steps to Request FMLA

1. Reference the FMLA Resources below to obtain and complete all required forms in the designated guide and return the documents to the Benefits Office.
2. Complete the paperwork 30-days in advance — or as soon as possible in an emergency.
3. If out due to your own serious medical condition, provide a fitness for duty form to the Benefits Office for review and approval before returning to work in any capacity. If restrictions are included, additional information may be requested to make a determination about returning to work.

Resources

Personnel Information Memorandums

• PIM 09: Family and Medical Leave
• PIM 29: Voluntary Shared Leave Program

FMLA Applications

• FMLA for 12-Month Employees (SHRA, EHRA Non-Faculty, 12-Month Faculty)
  • Online Forms
    • Online FMLA Application (Part A)
    • If completing the online FMLA Application, the following paper forms are also required:
      • FMLA Medical Certification (Part B)
      • FMLA Supervisor Certification (Part C)
      • FMLA Fitness for Duty (only for full-time leave)
  • Paper Forms
    • 12 Month FMLA Extended Leave of Absence Resource Guide
    • Family Illness Leave (Used after FMLA is exhausted) (for care of spouse, child, or parent)
• FMLA for 9-Month Faculty (Must complete both forms below):
  • 9 Month Faculty FMLA Extended Leave of Absence Resource Guide (Send to Benefits Office via secure method)
  • Request for Leave of Absence 9-month Faculty AA-32 (Complete form and send to Academic Affairs)

Contact the Benefits Office at 704-687-8134, or Benefits@charlotte.edu for specific questions.