Ohio Admin. Code 3364-25-30 - Family and Medical Leave Act
(A)
(B)
Purpose of policy
(C)
Scope
(D)
Eligibility requirements
(1)
The employee must
have worked for the university for at least twelve months. Employee service
breaks of seven years or less will have the previous time of employment counted
towards the twelve-month eligibility requirement. Service breaks of employees
of seven years or more due to their fulfillment of national guard or reserve
military service obligations will have this time counted toward the twelvemonth
eligibility requirement. The university will comply with the Uniformed Services
Employment and Reemployment Rights Act (USERRA) when determining an employee's
eligibility for FMLA.
(2)
The employee must have worked at least one thousand two
hundred and fifty hours in the twelve-month period immediately preceding the
commencement of leave.
(3)
The employee must incur a qualifying
event.
(4)
The employee must be able to document relationships.
For purposes of confirming a family relationship, the university may require
the employee giving notice of the need for leave to provide reasonable
documentation or statement of family relationship.
(E)
Leave
entitlements for eligible employees
(1)
Eligible employees can take up to twelve weeks of
unpaid, job-protected leave in a twelve-month period for the following
reasons:
(a)
The birth of a child of the employee or placement of a child for adoption or
foster care with the employee;
(b)
To bond with a
child (leave must be taken within one year of the child's birth or
placement);
(c)
To care for the employee's spouse, child, or parent who
has a qualifying serious health condition;
(d)
For the
employee's own qualifying serious health condition that makes the employee
unable to perform the employee's job;
(e)
For qualifying
exigencies related to the foreign deployment of a military member who is the
employee's spouse, child, or parent.
(2)
An eligible
employee who is a covered service member's spouse, child, parent, or next of
kin may also take up to twenty-six weeks of FMLA leave in a single twelve-month
period to care for the service member with a serious injury or illness incurred
by a service member in the line of duty on active duty or was aggravated by
service in the line of active duty.
(3)
The maximum FMLA leave may not exceed twenty-six
workweeks for employees with qualifying events that pertain to both paragraphs
(E)(1) and (E)(2) of this rule.
(4)
If spouses are
both employed by the university of Toledo, and are both eligible for FMLA
leave, the spouses are limited to a combined total of twelve work weeks of
leave during any twelve month period if the leave is taken to care for the
employee's parent with a serious health condition, for the birth of the
employee's son or daughter or to care for the child after the birth, or for
placement of a son or daughter with the employee for adoption or foster care or
to care for the child after placement. Where both spouses each use a portion of
the total twelve workweeks of leave for the birth of a child, for placement for
adoption or foster care, or to care for a parent, the spouses each remain
entitled to the difference between the amount he or she took individually and
twelve workweeks of FMLA leave for other purposes.
(5)
For purposes of
determining the amount of FMLA leave used by an employee, the fact that a
holiday may occur within the week taken as FMLA leave has no effect and the
week is counted as a week of FMLA leave. However, if an employee is using FMLA
leave in increments of less than one week, the holiday will not count against
the employee's FMLA entitlement unless the employee was otherwise scheduled and
expected to work during the holiday.
(6)
An employee does
not need to use leave in one block. When it is medically necessary or otherwise
permitted, employees may take leave intermittently or on a reduced schedule
under certain circumstances.
(7)
All FMLA leave
time runs concurrently with any other applicable leave. An employee must
exhaust sick, vacation, compensatory time and other paid leave before being
placed on unpaid leave. The employee must comply with the university's normal
paid leave policies.
(F)
Benefits and
protections
(1)
While employees are on FMLA leave, the university will
continue to offer health insurance coverage as if the employee was not on
leave.
(2)
During any FMLA leave, the university will maintain the
employee's group health plan coverage on the same conditions as coverage would
have been provided if the employee had been continuously employed during the
entire FMLA leave period. If the employee is paid while on FMLA leave, the
employee's contribution toward health insurance will remain the same as if the
employee were not on FMLA leave. Employees on unpaid FMLA leave must make
payment arrangements with the human resources department at the university. The
employee will be entitled to any changes to the health care plan or benefits
that are made while the employee is on FMLA leave to the same extent as if the
employee were not on FMLA leave.
(3)
To receive health
benefits during an unpaid FMLA leave, monthly employee contribution amounts are
due, in advance, on the first of the month following unpaid status for the
remainder of eligibility (twelve-week maximum). Upon the expiration of
eligibility, employees may continue their health insurance coverage by paying
the entire premium in advance each month to the human resources department of
the university. Individuals choosing to discontinue their health insurance
coverage during the twelve-week period of eligibility will have the opportunity
to re-enroll, unconditionally, upon their return. Those who elect to
discontinue coverage, and whose twelve-week eligibility has expired, will have
the opportunity to re-enroll only during the open enrollment period of each
year.
(4)
Upon expiration of twelve weeks of FMLA leave, and
expiration of paid leave, an employee will be responsible for the full monthly
premium of health insurance, including the employer's share.
(5)
Unless another
university policy or contract provides a longer grace period, the university's
obligations to maintain health insurance coverage for an employee on FMLA leave
cease if the employee's premium payment is more than thirty days
late.
(6)
Upon return from FMLA leave, most employees will be
restored to the same job or one nearly identical to it with equivalent pay,
benefits, and other employment terms and conditions. The university will not
interfere with an individual's FMLA rights or retaliate against an employee for
using or seeking to use FMLA leave, opposing any practice made unlawful by the
FMLA, or being involved in any proceeding under or related to the FMLA.
(a)
If the employee's
FMLA leave was due to the employee's own serious health condition that made the
employee unable to perform the employee's job, the university requires the
employee to obtain, at the employee's expense, and present certification from
the employee's health care provider that the employee is able to resume work.
This fitness-for-duty certification is only with regard to the particular
health condition that caused the employee's need for FMLA leave. If reasonable
safety concerns exist regarding the employee's ability to perform his or her
duties due to the serious health condition for which the employee took such
leave, the university is entitled to a fitness-for-duty certification for such
absences up to once every thirty days.
(b)
An employee may
be returned to work prior to the originally scheduled expiration of the leave,
if such return is agreed upon by both the employee and his or her supervisor,
provided the employee can perform the essential duties of the job and a
physician has certified it. If an employee is able to return to work earlier
than the anticipated end date, the employee should provide advance notice to
the employee's department, and no later than three days before returning to
work.
(c)
If an employee does not intend to return to work, that
employee must notify human resources in writing of this intent as soon as
possible and in no event later than three days of the scheduled return to work
date. An employee who resigns or gives notice of resignation while on a paid or
unpaid FMLA leave shall be separated from the university effective the date of
such notice.
(d)
An employee who fails to return to work within three
consecutive days following the end of that employee's approved FMLA leave will
be considered to have abandoned the job and will be treated as a voluntary
resignation, except for documented reasons of that employee's own health
condition confirmed by a health care provider or other reasons beyond that
employee's reasonable control.
(e)
The university
does not interfere with, restrain, or deny the exercise of, or attempts to
exercise any rights provided by the FMLA. The university will not discharge or
in any other manner discriminate against an individual for opposing any
practice made unlawful by the FMLA or for instituting or participating in an
inquiry or proceeding relating to any FMLA protected right.
(G)
Requesting leave
(1)
Generally,
employees must give thirty-days' advance notice of the need for FMLA leave. If
it is not possible to give thirty-days' notice, an employee must notify the
university as soon as possible and, generally, follow the employer's usual
procedures.
(2)
Employees do not have to share a medical diagnosis when
reporting off work but must provide enough information to the university so it
can determine if the leave qualifies for FMLA protection. Sufficient
information could include informing an employer that the employee is or will be
unable to perform the employee's job functions, that a family member cannot
perform daily activities, or that hospitalization or continuing medical
treatment is necessary. Employees must inform the employer at the time of
reporting off work if the need for leave is for a reason for which FMLA leave
was previously taken or certified.
(3)
The university
can require a written medical certification or periodic recertification
supporting the need for leave. If the university determines that the
certification is incomplete, it will provide a written notice indicating what
additional information is required.
(4)
The university
reserves the right to request a second opinion if the validity of a medical
certification is questioned. If the first and second opinions differ
significantly, the university may request that the employee obtain a final and
binding third opinion of a jointly selected health care provider. The second
and third opinions are done at university expense.
(H)
University
responsibilities
(1)
Once the university becomes aware that an employee's
need for leave is for a reason that may qualify under the FMLA, the university
will notify the employee if the employee is eligible for FMLA leave and, if
eligible, will also provide a notice of rights and responsibilities under the
FMLA. If the employee is not eligible, the university will provide a reason for
ineligibility.
(2)
The university will notify its employees if leave will
be designated as FMLA leave, and if so, how much leave will be designated as
FMLA leave.
(I)
Fraud
(1)
An employee who fraudulently obtains FMLA leave is not
entitled to job restoration or maintenance of health benefits. Employees who
fail to comply with this policy will be held accountable for their actions
under university policies, rules, and applicable law, including but not limited
to corrective action up to and including termination.
(2)
Employees who are
on FMLA leave are prohibited from working second jobs or engaging in other
activities inconsistent with the stated need for leave.
Replaces: 3364-25-30
Notes
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364
Prior effective dates: 11/3/2016
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