IUPUI: Human Resources Policies

Staff covered by this policy	This policy applies to all appointed SM staff represented by AFSCME, Local 1477.
Introduction	It is the policy of Indiana University to provide a leave of absence in accordance with the Family and Medical Leave Act (FMLA) of 1993. Before approving an FMLA leave, administrators should consult Human Resources Administration. It is the policy of Indiana University to voluntarily apply the FMLA provisions to same-sex domestic partners as qualified by the university’s Affidavit of Domestic Partnership. This policy information is only a general summary of the steps to follow when considering a request or need for family or medical leave. The complete procedures and required forms are at www.hra.iupui.edu An employee may request a leave or may provide a department with information to make the department aware of an absence that may be eligible for FMLA protection. In either case, follow the procedures for FMLA to see if and how the FMLA applies to the employee. If a department is aware that the reason for an absence from work qualifies under FMLA, the absence must be designated as FMLA leave, even if the employee does not request it. Complete the required forms and provide copies as noted. For information regarding forms and FMLA processing, contact Employee Relations.
FMLA coverage	In accordance with the FMLA, eligible employees may receive up to a total of 12 weeks of unpaid leave in a 12-month period, defined as the calendar year. Employees will be entitled to return to the same or an equivalent position at the conclusion of the leave, if they are able to perform the essential functions of the position. Health care benefits will be maintained during the leave so long as the employee intends to return and does actually return to work. Employees on an FMLA leave continue to be responsible for paying their share of insurance costs.
Eligibility	To be eligible to take an FMLA leave, an employee must meet all of these criteria: The employee must have been employed by IU for at least 12 months. Any portion of a week that the employee is on the payroll counts as a full week. Employment does not have to have been continuous. Hourly employment with IU counts toward fulfilling this requirement. For the 12 months immediately preceding the first day of the requested leave, the employee must have worked at least 1,250 hours. These hours must be actual work hours, not compensated hours. The employee must not have already received 12 weeks of FMLA leave in the current calendar year.
Qualifying reasons	The following reasons qualify an employee for FMLA: Birth of a child and to care for a newborn child of the employee, spouse as defined by Indiana law, or same-sex domestic partner as qualified by the university’s Affidavit of Domestic Partnership Adoption or foster care of a child Care for the employee’s spouse, same-sex domestic partner, dependent child, child of the same-sex domestic partner, or parent of the employee who has a serious health condition A serious health condition that renders the employee unable to perform the functions of his or her job
Leave period	An eligible employee may take up to 12 weeks of leave during a 12-month period defined as a calendar year. Eligible employees are entitled to a new 12-week FMLA leave each calendar year. FMLA leave entitlement cannot be carried over between calendar years. If the purpose of the leave is to care for a sick family member or one's own serious health condition, the employee may take the leave intermittently or by means of a reduced work schedule. Such leaves are subject to the qualifications and limitations set forth in the FMLA federal regulations Departments may place employees who are on an intermittent leave or a reduced work schedule in another position with equivalent pay and benefits. This placement is considered to be a temporary transfer. Such employees must make a reasonable effort to schedule the intermittent leave so it does not disrupt operations. When an employee is on an FMLA leave to care for a family member and the leave is terminated by the death of the family member, the employee will be granted the normal time off for funerals/bereavement as described in Policy 3.5.
Use of accrued benefits during an FMLA leave	Generally, an FMLA leave is unpaid. However, starting on the first day of leave, staff must take all accrued paid-time-off benefits as of the first day of the leave and as part of the 12-week FMLA entitlement. One exception to the above point is compensatory time. Employees may request to use accrued compensatory time for an FMLA reason; however, any absence that is paid from an employee’s compensatory time accrual may not be counted against the employee’s FMLA entitlement Time off accruals that must be used during FMLA leave include holidays, sick time, and vacation. In no event may an employee take any unpaid FMLA leave until he or she has taken all accrued paid time off. This also applies to an FMLA leave that is taken either intermittently or through a reduced work schedule. All time missed in a work day due to FMLA is to be charged to paid-time-off accruals. The employee may decide which paid-time-off benefits he or she wants to use first; however, the employee must decide which benefits are to be used before FMLA starts or as soon as it is feasible to do so. The portion of the leave that is considered to be paid leave is charged against accrued paid time off no later than the conclusion of the leave.
Reinstatement	At least two weeks before the expiration of the FMLA (if known), the department is to provide FMLA form “Intent to Return to Work” to the employee. Prior to returning to work, an employee may be required to provide a medical statement from a health care provider saying the employee is fit to return to work. Refer to the FMLA procedures to determine which conditions require a medical statement. Reinstatement rule At the conclusion of the leave, the employee will be returned to the same position held at the time the leave began or to an equivalent position with equivalent pay, benefits, and working conditions, e.g., the same shift or the same or an equivalent work schedule. Employees on an FMLA leave are still subject to a reduction in force or reassignment that would have occurred otherwise had the employee been working.
Proper notice of FMLA by employee	Provide advance notice Employees must provide at least 30 days advance notice of an anticipated FMLA leave. It is understood that under unusual circumstances it is not practical to provide 30 days notice. In these cases, employees must provide notice as soon as practicable, normally within two business days after knowledge of the need for a leave. A “Notice of/Request for Family/Medical Leave of Absence” form is available for this purpose; however, employees may submit a request for an FMLA leave by other means (memo, e-mail, etc.). If employees do not give proper notice of a foreseeable leave, departments can delay the leave for up to 30 days after receiving notice of the need for an FMLA leave.
Medical verification requirement	In cases where an employee requests an FMLA leave to care for the serious health condition of himself or herself, or a spouse, same sex domestic partner, dependent child, child of the same-sex domestic partner, or parent of the employee, department heads may require the employee to submit a “Medical Certification Form for Family and Medical Leave of Absence.” This form is available from Human Resources Administration. Human Resources Administration may require a second opinion from a health care provider designated by HRA. The employee’s department will pay the cost of the second opinion, if required. If there is a difference between the medical verification and the second opinion, Human Resources Administration may require a third opinion from a mutually agreeable provider. Again, the employee’s department will pay the cost of the third opinion. Employees who do not cooperate throughout this process will have their request for an FMLA leave denied. Employees may be asked to re-certify the need for the FMLA no more than 30 days from receipt of past certification, or if there is a change in the employee’s condition.
Fraudulence	An employee who fraudulently obtains an FMLA leave is subject to disciplinary action, up to and including termination.
Resolution of problems	Employees have the right to a prompt investigation and response to a question or problem concerning the application of this policy and the Family and Medical Leave Act of 1993. If a department head does not satisfactorily resolve the employee’s concerns, he or she may take the inquiry or problem to the Assistant Vice Chancellor of Human Resources (or designee) for immediate attention. The Assistant Vice Chancellor or designee is to respond within two weeks.
Posting of FMLA	Information about the FMLA to all employees by posting notices in conspicuous places within the department. Information is available from Human Resources Administration. Also, information concerning the Family and Medical Leave Act of 1993 will be included in new editions of handbooks or publications that describe employee benefits or contain human resources policies or practices that are of general interest to employees.
Department's designation and approval of FMLA	It is the department’s responsibility to designate any absence that meets the eligibility requirements of the FMLA as family/medical leave. The designation of FMLA will occur either as a result of an employee request for FMLA leave or when the department becomes aware that the employee’s absence qualifies as FMLA leave, even though the employee may not have requested FMLA leave. Within two business days of receipt or initiation of Notice of/Request for FMLA Leave, the department head or designee is to notify the employee whether the leave qualifies and will be counted as FMLA leave. If FMLA is approved, it is the department’s responsibility—within two business days of the request—to inform the employee. Reasons to delay or deny an FMLA request An employee’s rights to FMLA may be denied or delayed only for the following reasons: timely advance notice of a foreseeable leave is not given timely submission of required medical certification is not made by the employee the employee does not meet eligibility or qualifying reasons the employee fails to provide required certification of fitness to return to work the employee expresses an intention not to return to work the employee fraudulently requests or obtains an FMLA leave the employee is employed elsewhere while on FMLA leave without the written approval of the department head
Other leaves	Other leaves will not be granted for any of the reasons that qualify for a leave under the FMLA unless the employee has previously obtained a FMLA leave and has depleted the 12-week entitlement. Additional time may then be requested under Policy 3.7, Leaves of Absence: Discretionary and Extended Military, for the same reason as the FMLA leave; however, all the rights and entitlement provided under the FMLA are not applicable.
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