Family and Medical Leave
Purpose
The Federal Family and Medical Leave Act (FMLA) grants eligible employees up to 12 weeks of unpaid job/benefits-protected leave in a rolling 12-month period for one or more of the following reasons:
- for the birth and care of the eligible employee’s child,
- for the placement for adoption or foster care of a child with the employee,
- to care for an immediate family member (spouse, child, parent) with a serious health condition,
- to care for the employee’s own serious medical condition, or
- for qualifying exigencies arising out of the fact that the spouse, 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.
FMLA also grants up to 26 weeks of leave during any single rolling 12-month period if the employee is the spouse, son, daughter, parent or next of kin caring for a covered military service member or veteran recovering from an injury or illness suffered while on active duty in the armed forces, that existed before the beginning of the member’s active duty and was aggravated by service, or that manifested itself before or after the member became a veteran.
Eligibility
Eligibility starts after 12 months of employment with the University of Idaho and the employee has worked at least 1,250 hours within the preceding 12 months.
Applying
Before applying review your Employee Rights and Responsibilities under the Family and Medical Leave Act. Send the completed application and the WH-380-E to Benefit Services within 30 days before FML is to begin, or when the need for leave is foreseeable.
Compensation
FMLA is an unpaid leave; however, refer to the Faculty Staff Handbook 3710 for sick, annual and other paid leave policies.
- Employee Rights and Responsibilities pdf
- Application for FML
- Form WH-380-E - Certification of Health Care Provider for Employee’s Serious Health Condition pdf
- WH-380-F - Certification of Health Care Provider for Family Member’s Serious Health Condition pdf
- WH-384 - Certification of Qualifying Exigency For Military Family Leave pdf
- WH-385 - Certification for Serious Injury or Illness of Covered Service Member - for Military Family Leave pdf
Frequently Asked Questions
You want to apply for FMLA because it provides protection to maintain your benefits as well as job restoration upon your return for leave. Please note: you may continue to use your sick leave for wage replacement.
No, you would still need to apply for FMLA for benefit and job protection.
No, you would still need to apply for FMLA for benefit and job protection.
See FSH 3710, L-2: "… when the absence also qualifies for the use of sick leave, if available, sick leave must be used first in conjunction with family medical leave before any period of unpaid absence. Once sick leave has been exhausted or when the type of absence does not qualify for the use of sick leave, the entire absence or remainder of the approved family medical leave will be unpaid, unless the employee chooses to use any combination of compensatory time, annual leave, or shared leave (if eligible; K). [rev. 2-08] “
No, the only time you would need to apply would be if you were planning on taking your leave during the actual academic year, when classes are in session.
When on approved FMLA, you would use the FMLA time entry codes for the hours that you are on FMLA.
Yes, if approved, you would use the FMLA web time entry codes only on the days or hours you are absent for the condition or reason as approved by the benefit specialist. (For example, if you were approved intermittent FMLA to care for your spouse’s serious medical condition, you would not be able to claim FMLA hours if you missed two days of work due to having a cold.)
Yes, if they have reason to believe that your leave may qualify as FMLA, they can notify you in writing that you meet the eligibility criteria and you would need to provide the medical certification to support FMLA within 15 days from receipt of the letter.
An “immediate family member” for the purpose of FMLA is defined as your:
- Spouse
- Parent
- Child under age 18
- Child age 18 or older and incapable of self-care because of a mental or physical disability.
Your supervisor’s signature is not required. The signature allows the supervisor to acknowledge that you are going to be applying for FMLA, which may result in an approved leave. Benefit Services actually approves or denies the leave based on the information received and whether or not you are eligible.
Yes, if you are unable to complete the FMLA application, a family member or someone else can complete the form for you.