Family Medical Leave Act (For Military)
Family Medical Leave Act (For Military )
Bowling Green State University understands the importance of family issues in today's workforce. Provided below is information regarding the Family Medical Leave Act of 1993 (FMLA), should an employee find it necessary to take leave to address certain obligations related to immediate family members serving in the military and/or recovering from injury/illness as a result of serving in the line of duty.
To be eligible for Family Medical Leave, all three of the following must be met:
- Worked at least 12 months for BGSU
- Worked at least 1250 hours for BGSU during the 12 months prior to commencement of leave; and,
- Work at a location where BGSU has at least 50 employees within 75 miles.
Circumstances That May Qualify for Family Medical Leave and Duration of Leave
Family Medical Leave may be granted for one or more of the following reasons:
(1) Up to 12 weeks of leave for certain qualifying exigencies arising out of a covered military member's active duty status, or notification of an impending call or order to active duty status, in support of a contingency operation. Any employee may take FMLA leave for "any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation."
(2) Up to 26 weeks of leave in a single 12-month period to care for a covered service member recovering from a serious injury or illness incurred in the line of duty on active duty. Eligible employees are entitled to a combined total of up to 26 weeks of all types of FMLA leave during the single 12-month period.
The National Defense Authorization Act for FY 2008 (NDAA), Pub. L. 110-181 (H.R. 4986) was signed into Law amending the Family and Medical Leave Act of 1993 (FMLA) to permit a "spouse, son, daughter, parent, or next of kin" to take up to 26 work weeks of leave to care for a "member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness."
Using Accrued Paid Time Off
An employee may elect to substitute unused sick leave, personal leave, vacation, or compensatory time during approved Family Medical Leave, but is not required to do so. Scattering of time (using some leave without pay along with sick or vacation pay) can be extend an employee's paid status during approved leave.
An Employee's Obligation to Provide Notice and Medical Certification
When requesting Family Medical Leave, an employee must provide the Office of Human Resources with:
- 30 days advance notice of the need to take leave , if the leave is foreseeable. If the leave is not foreseeable , or 30 days is not possible under the circumstances, notice should be given as soon as practical (within one or two days of when the employee becomes aware of the need for leave) .
- Medical certification supporting the need for leave (within 15 days of notice).
Health Care Benefits While on Leave
If an employee participates in the BGSU group health plan, BGSU will continue to pay its share of contribution payments to maintain his/her coverage during approved leave. If an employee is in a paid status, deductions for health care will continue to be taken from his/her check. If leave is unpaid, please refer to the appropriate handbook, based on your employee classification:
Exhaustion of FMLA Leave
If an employee is unable to return at the exhaustion of his/her FMLA entitlement, he/she may have other leave options that will cover the absence after the 12/26 week period and are encouraged to contact the Office of Human Resources regarding those options. In accordance with the Family Medical Leave Act, the employee's job may be released, depending on the needs of the department, or if all accrued time to cover the absence has been exhausted.
Time Away from the Job (if not eligible for Family Medical Leave)
If an employee does not qualify for Family Medical Leave, but may need time away from the job due to an immediate family member serving in the military and/or recovering from injury/illness as a result of serving in the line of duty, he/she will need to contact the Office of Human Resources regarding other University leave policies that may apply.
Employee should recognize that Family Medical Leave is only intended to cover serious health conditions-generally those which involve more than three days of incapacity from work or school, hospitalization, or chronic long-term, incurable conditions. Employees who wish to take leave to care for family members with non-serious health conditions are not covered by this policy. Employees can use their sick leave, vacation, or personal leave for non-serious health conditions, subject to the requirements of those policies, including scheduling and increments of leave. The granting of unpaid leave for non-serious health conditions is covered in the employee handbooks.
Requesting Family and Medical Leave
If you plan on taking Family and Medical Leave, you should notify your supervisor or Department Chair. In addition, you must complete the required forms and return them to the Office of Human Resources, #100 College Park. These forms must be completed regardless of the type of time you are taking (sick leave, vacation, compensatory time, or leave without pay). The following forms are available:
1. Request form (to be completed by the employee)
2. Certification of Qualifying Exigency for Military Leave (to be completed by the employee)
3. Certification for Serious Injury or Illness of Current Service member (to be completed by health care provider)
4. Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (to be completed by the employee)
5. Leave Tracking Form for Reduced Work Schedule or Intermittent Leave (to be completed by employee)
Additional information regarding Family Medical Leave Act may be found in the Administrative Staff Handbook and the Classified Handbook, or by contacting the Office of Human Resources at #100 College Park Office Building, phone (419) 372-8422.