Family and Medical Leave

Recognizing the occurrence(s) of serious health conditions which involve either the University employee or a qualified family member, the University provides unpaid family or medical leave of up to twelve (12) weeks in a twelve (12) month period.

1. Because of the birth of a child of the employee and in order to care for such son or daughter;
2. Because of the placement of a child with the employee for adoption or foster care;
3. In order to care for the spouse, or child, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition; or
4. Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.

NOTE: The twelve (12) weeks of leave under 88.1.1 is leave which is consistent with (not an additional leave) and will run concurrently with the ninety (90) days temporary disability leave that is provided for specific employees under HRP&P 82.1.1 or the thirty (30) working days childbearing leave that is provided for employees under HRP&P 82.1.18.

NOTE: “In loco parentis” means that the employee has the day-to-day responsibilities for the care and financial support of a child or persons who had such a responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.

1. Inpatient care in a hospital, hospice, or residential medical care facility; or
2. Continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
   1. A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment thereof, or recovery therefrom) for more than three (3) consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves:
      1. Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider or by a provider of health care services; or
      2. Treatment by a health care provider on at least one (1) occasion which results in a regiment of continuing treatment under the supervision of the health care provider.
   2. Any period of incapacity due to pregnancy or for prenatal care.
   3. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
      1. Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under the direct supervision of a health care provider;
      2. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
      3. May cause episodic rather than continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
   4. A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.
   5. Any period of absence to receive multiple treatments by a health care provider or by the provider of healthcare services under orders of or on referral by a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity for more than three (3) consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.) or severe arthritis (physical therapy), kidney disease (dialysis).

NOTE: A serious health condition is not intended to cover short-term conditions for which treatment and recovery are very brief; for those purposes, employees should refer to HRP&P 82.0: Temporary Disability Leave. For purposes of FMLA leave, continuing treatment includes examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does NOT include routine physical examinations, eye examinations or dental examinations. A regiment of continuing treatment (see 88.1.2.2(b), above) includes a course of prescription medication (e.g., antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen). A regiment of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves, or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider is NOT, by itself, sufficient to constitute a regiment of continuing treatment for purposes of FMLA leave. Serious health condition means that absences are necessary on a recurring basis and for more than a few days and includes heart attacks, cancers, strokes, severe respiratory conditions, spine injuries, injuries caused by serious accidents on or off the job, etc. Generally, absences from work, or from school or the incapacity to perform other daily activities, in the case of a family member, must be for a period of more than three (3) consecutive days.

1. Under eighteen (18) years of age, or
2. Eighteen (18) years of age or older and incapable of selfcare because of a mental or physical disability.

NOTE: A higher standard for FMLA leave is held for an employee to be absent for the employee's serious medical condition than for an employee to be absent to care for a child, spouse, or parent. An employee shall be granted FMLA leave because the employee has a serious medical condition and because the employee cannot perform the functions of the position; an employee shall be granted FMLA leave because a spouse, child or parent has a serious medical condition and because the employee is needed to care for the family member.

NOTE: Under HRP&P 85.0: Special Leaves and in accordance with Kentucky law, an employee may take up to six (6) weeks of unpaid leave for the adoption of a child under the age of seven (7). This policy expands the six (6) weeks leave to twelve (12) weeks in one FMLA leave twelve (12) month period; however, there is no limit to the number of six (6) weeks periods which may be granted for the adoption of additional children under the age of seven (7) under HRP&P 85.0.

NOTE: An exempt employee's taking FMLA leave by the hour is not a violation of the employee's exempt status under the Fair Labor Standards Act.

1. The date on which the serious health condition commenced;

    

2. The probable duration of the condition;

    

3. (c.1) For purposes of leave under 88.1.1(c), a statement that the eligible employee is needed to care for the child, spouse, or parent and an estimate of the amount of time that such employee is needed to care for the child, spouse, or parent; and

   (c.2) For purposes of leave under 88.1.1 (d), a statement that the employee is unable to perform the essential functions of the position at the University;

    

4. In the case of certification for intermittent leave, for leave on a reduced leave schedule, or for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment;

    

5. In the case of certification for intermittent leave, or for leave on a reduced leave schedule, under 88.1.1(d), a statement of the medical necessity for the intermittent leave or for leave on a reduced leave schedule and the expected duration of the intermittent leave or reduced leave schedule; and

    

6. In the case of certification for intermittent leave or for leave on a reduced leave schedule, under 88.1.1(c), a statement that the employee's intermittent leave or leave on a reduced schedule (a) is necessary for the care of the child, parent, or spouse who has a serious health condition or (b) will assist in their recovery, and a statement as to the expected duration and schedule of the intermittent leave or reduced leave schedule.

NOTE: An employee shall satisfy the requirements of 88.3.1 (written request for FMLA leave) and 88.3.2 (accompanying doctor's statement) by submitting a completed Form 88.4.

1. The leave will be counted against the employee's annual FMLA leave entitlement;

    

2. Any requirement/request that the employee furnish medical certification of a serious health condition, and the consequences of failure to do so;

    

3. The requirement that the employee substitute paid leave(s);

    

4. The requirement that the employee make any premium payments to the Employee Benefits Office to maintain such benefits, the arrangements by which the payments could be made, and consequences of failure to make such payments;

    

5. Any requirement for the employee to present a fitness-for-duty certification to be restored to employment in the department upon return;

    

6. If the employee is a "key" employee and potential consequences that restoration to an equivalent job may be denied;

    

7. The employee's right to restoration to the same or an equivalent position upon return from FMLA leave; and

    

8. The employee's potential liability to pay health insurance premiums which were paid by the University during the employee's unpaid FMLA leave, if the employee fails to return to work after taking FMLA leave.

NOTE: While an employee may continue to accrue vacation and temporary disability leave if the employee remains in a pay status, an employee taking leave under this Policy shall not accrue vacation and temporary disability leave while in a no pay status.