Manager Resources
Family Medical Leave Act (FMLA)
Information that will help you understand this Act.
The Family Medical Leave Act is a federal law. Congress proposes updates to this law frequently, and there can be changes in the administration of the benefits dictated by the United States Department of Labor. The FMLA provides qualified employees with up to 12 weeks of job-protected leave in a 12-month period. At Loyola, the appropriate accrued paid-time-off banks are used from the start of an absence taken for any FMLA reason. This allows continued salary for the staff or faculty member for as long as those accruals allow. FMLA has no provision for compensation. During the 12 week leave period, FMLA requires that the person's group health benefits be maintained at the same level it was before the leave.
FMLA applies to regular full and part-time Loyola staff and faculty who have been employed with the University for at least 12 months, [although not necessarily consecutive], and have worked at least 1,250 hours over the past 12 months.
FMLA is taken for the following reasons:
- For medical leave when the employee is unable to work because of a serious health condition
- For the birth and care of the employee's [either the father or mother] newborn child
- For placement with the employee of a child for adoption or foster care
- To care for an immediate family member (spouse, child or parent) with a serious health condition.
The following is a series of frequently asked questions regarding FMLA. The following questions, along with the answers, will help provide you with information about this law. If you need further assistance, please call the Human Resources Office at 5-6175.
FMLA Q & As:
What is FMLA?
FMLA is a federal law administered by the Department of Labor. It is designed to help employees balance their work and family responsibilities by allowing them to take reasonable leave for certain family and medical reasons. It provides employees protection to some job and health benefits during a leave(s) of absence(s) from work for specific health, maternity/paternity or family reasons. At Loyola, staff and faculty use their appropriate paid-time-off to continue their salary from the first day of absence taken for an FMLA related reason up until the accrued paid-time-off is exhausted. The federal government makes no allowances to continue pay during FMLA.
Who is eligible for FMLA?
Any regular full or part-time Loyola staff or faculty member who has:
- Been employed at Loyola for at least 12 months [not necessarily consecutive], and
- Worked for Loyola at least 1,250 hours over the last 12 months.
FMLA applies to absences of over 3 days in duration for the following reasons:
- Birth of a child [both for the mother and the father].
- Placement of a child in the employee's home for either adoption or foster care.
- Serious health issue of the employee.
- Serious health issue of an immediate family member where the help and/or emotional support of the employee is necessary.
Can the employer count leave taken due to pregnancy complications against the 12 weeks of FMLA leave for the birth and care of my child?
Yes. An eligible employee is entitled to a total of 12 weeks of FMLA leave in a 12-month period. If the employee has to use some of that leave for another reason, including a difficult pregnancy, it may be counted as part of the 12-week FMLA leave entitlement.
What sorts of things count for "serious health issue" of the employee?
This could be anything from a bad cold or flu, to an accident, to a condition that requires hospitalization or surgery. Anytime an employee is away from work for more than 3 working days, the illness has the potential of being "serious" and the FMLA process should be started.
May I take FMLA leave for visits to a physical therapist, if my doctor prescribes the therapy?
Yes. FMLA permits you to take leave to receive "continuing treatment by a health care provider," which can include recurring absences for therapy treatments such as those ordered by a doctor for physical therapy after a hospital stay or for treatment of severe arthritis.
What if I was injured on the job and there is a Workers' Compensation claim?
If the employee is absent from work for 3 consecutive days, even due to a workplace injury/illness that is clearly covered under Workers' Compensation, the FMLA process should be started. FMLA will not interfere with Workers' Compensation.
Is there documentation required if I am sick or injured and need FMLA?
Yes. There are 3 forms that need to be completed and sent to Human Resources. The employee completes the first, Request for Leave Form, as soon as is practical. The second form is called Certification of Physician or Practitioner. This is completed by the healthcare provider and should be returned within 15 days of the beginning date of the leave. The University also requires that the Return to Work Medical Certification be completed by the employee's healthcare provider and submitted to HR before the employee returns to his/her job. This last form allows the physician to recommend certain job restrictions or a reduced work schedule if the employee is not yet fully recovered. These forms are available under the On-line Forms section of the Human Resource website. If necessary, HR or the employee's department will mail these forms to the employee's home.
If an employer fails to tell employees that the leave is FMLA leave, can the employer count the time they have already been off against the 12 weeks of FMLA leave?
In most situations, the employer cannot count leave as FMLA leave retroactively. Remember, the employee must be notified in writing that an absence is being designated as FMLA leave. If the employer was not aware of the reason for the leave, leave may be designated as FMLA leave retroactively only while the leave is in progress or within two business days of the employee's return to work.
Who is considered an "immediate" family member for purposes of taking FMLA leave?
An employee's spouse, children (son or daughter), and parents are immediate family members for purposes of FMLA. The term "parent" does not include a parent "in-law". The terms son or daughter do not include individuals the age 18 or over, unless they are "incapable of self-care" because of a mental or physical disability that limits one or more "major life activities" as those terms are defined in regulations issued by the EEOC under the Americans With Disabilities Act.
If I need to take care of an immediate family member, what documentation is required?
The University will need only 2 forms to support an FMLA request to help a family member; the first, Request for Leave Form, is completed by the employee. The second, called Certification of Physician or Practitioner, is completed by the family member's healthcare provider and supports the need for the employee's help with the family member's care. There is no need for a 'return to work' form, but the employee or the employee's supervisor must inform Human Resources when the leave has ended.
Do I have to go on FMLA if I am absent for one of the reasons covered by FMLA?
Yes. FMLA is a federal law that applies to the employee as well as the employer.
What if I am not able or do not submit the FMLA paperwork?
If your department or Human Resources believe that your reason for absence is FMLA related, you will be mailed all the information on FMLA along with Loyola's FMLA forms. Human Resources will automatically place you on FMLA status, which will begin the 12 week period.
How long a period of time may I take off from work under FMLA?
FMLA's protections extend for up to 12 weeks of time away from work in a 12-month period. Time off may be taken all at once, in separate blocks of time, intermittently or through a reduced work schedule up to the 12-week time period. If additional time is needed, an employee may be able to use Loyola's General Leave of Absence [see General Leave Policy].
Am I paid for this time?
Possibly. Loyola staff accrues paid-time-off "banks". The appropriate accruals will be used from the first day of absence, (taken for an FMLA-related reason), to continue the employee's salary for as long as possible during his or her absence. Sick [if for his/her own illness], vacation, personal and floating holiday are all eligible paid-time-off banks. Faculty members also have paid-time-off that will continue salary during an FMLA absence. FMLA is a federal law that allows time off but the law does not provide its own salary continuation during the leave period.
Do I have to use my accrued paid-time-off banks?
Yes. Loyola requires that the appropriate accrued sick/vacation/personal time be used before the staff person goes on an un-paid status. Sick time or short-term disability may be used only when the leave is for the employee's own serious illness.
Will the 12 weeks start after I've used my paid-time-off?
No. The FMLA 12-week period starts with the first day of absence taken for an FMLA reason.
What happens if I have exhausted my paid-time-off banks?
Your position will be protected during the full 12 weeks, even if you are on a "no-pay" status. If you have health and/or dental insurance through Loyola, you will need to arrange to pay the insurance premiums directly to the Human Resources Office so that you continue to receive these important benefits.
Will the cost of my health and/or dental benefits change?
No. FMLA protection ensures that your portion of the cost of health insurance premiums stay at the same rate as when you were an active employees. Loyola extends this to dental insurance as well.
If I decide not to continue my health and/or dental benefits during my FMLA leave, may I re-enroll at the end of leave?
Yes. FMLA provides that employees returning from a family or medical leave are entitled to be reinstated on the same terms as prior to taking the leave, without any qualifying period, requirement to take a physical examination, exclusion for pre-existing conditions, etc.
What if Loyola changes health benefits, or changes health benefit plans while I'm on leave?
The employee is entitled to the new or changed plan or benefit as if he or she had not been on leave. Notice of opportunity to change plans or benefits must also be given to an employee on leave.
May I use Tuition Benefits while on FMLA?
Yes. Loyola allows that Tuition Benefit remains in effect as if the employee were active.
Will Loyola hold my job for me for the full 12 weeks?
Under FMLA either the job the employee held when starting on FMLA or an equivalent job will be available if the employee returns within the 12-week period.
What does "equivalent job" mean?
Among other things, an equivalent position must:
- Have the same pay, benefits and working conditions, including privileges, prerequisites and status
- Involve the same or substantially similar duties and responsibilities, requiring substantially equivalent skill, effort, responsibility and authority
- Be at the same or a geographically proximate worksite where the employee had previously been employed;
- Be on the same shift or the same or an equivalent work schedule.
What happens if an employee's job is eliminated because of reorganization or reduction in staff while on leave?
Loyola is not required to reinstate or create an equivalent position if the employee's position has been eliminated. However, Loyola must be able to show that the employee's job would have been eliminated even if he/she had not gone on leave.
If my spouse also works for Loyola may we both take 12 weeks leave for the birth or placement of a child?
No. FMLA allows a combined total of 12 weeks for the mother and father if they work for the same employer. However, under Loyola's General Leave of Absence, an employee, [mother or father], may request extended leave time. [See information of General Leave of Absence.]
What happens when I am ready to return to work?
An employee off work for his or her own health reasons, including maternity, will need to have the Return to Work Medical Certification [see above] completed by his or her healthcare provider and submitted to HR before returning to his or her job. (This is true even when the employee has extended the leave beyond the FMLA 12-week period.) This form assures the University that the employee is able to take on his or her 'normal' duties. The healthcare provider can use this form to identify restrictions or limitations, as well as a return to 'full duties'. Once the form is in place, if the employee has been away for 12 weeks or less, the employee returns to the job.
How much notice must I give when requesting FMLA?
When foreseeable, HR and the employee's department would like 30 days notice of an impending FMLA leave of absence. Often, that is not possible. Oral notice satisfies the initial FMLA requirements. HR will send information about FMLA and the required forms to the employee or his/her designate as soon as it is notified that an FMLA reasoned absence has begun.
Does FMLA replace Loyola's general Leave of Absence?
No. Loyola maintains both types of leave. A general Leave of Absence [LOA] always runs concurrently with FMLA and may be used to extend a medically-related leave beyond the 12 weeks allowed by FMLA. A general Leave of Absence may be taken for many reasons other than those that are covered by FMLA. See the policy on Leave of Absence for more details on general LOA.
I've had a break in my employment. Can I still be covered by FMLA?
Possibly. To be eligible, the employee must have 12 months of service with Loyola, but the months do not need to be consecutive. For example, an employee may have worked for four months and then have left the University for 3 months. The employee came back and worked another eight months. The total of twelve months fulfills the requirement. However, the employee must also have worked 1250 hours in the 12 months just prior to the request for FMLA.
How does Loyola count the 1250 hours?
The federal government determined that the 1250 hours needed to qualify for FMLA be those identified as "productive". This would include hours actually worked, including over-time hours and holiday pay. It would not include hours paid by sick, vacation, personal, bonus banks or other time-paid-off related pay.
What are my options if I have not met the FMLA eligibility requirements?
Employees who have 6 months of service to Loyola are eligible to request a general Leave of Absence from their department. For further information on this option, see the policy on General Leave of Absence.
Is the 12-week entitlement under FMLA the same for all employees?
Yes, but there are some variances from what we traditionally think of as a 'work week'. For reduced schedule employees, for instance, what constitutes a week is determined by the actual working schedule of the employee. For example, an employee who normally works 30 hours a week would be eligible for 12 times 30 hours or 360 total hours in a 12-month span. An employee who normally works a 40-hour week would be eligible for 12 times 40 or 480 hours in a 12-month span.
If I have taken one 12 week FMLA period, how do I know when I am eligible for another?
Loyola University uses the "rolling" 12-month method for calculating FMLA leave, which is measured backward from the date an employee uses any FMLA leave. Each time an employee takes FMLA leave the remaining entitlement would be any balance of the 12 weeks, which has not been used during the immediately preceding 12 months.
For example, if an employee has taken eight weeks of leave during the past 12-months, an additional four weeks of leave could be taken. If an employee used four weeks beginning February 1, 2005, four weeks beginning June 1, 2005, and four weeks beginning December 1, 2005, the employee would not be entitled to any additional leave until February 1, 2006. However, beginning on February 1, 2006, the employee would be entitled to four weeks of leave, on June 1 the employee would be entitled to an additional four weeks, etc.
Is there a relationship between FMLA and the American with Disabilities Act?
Not directly. However, an employee's "serious health issue" might lead to a disability that is covered under the ADA.
What happens to my pension while I'm on FMLA?
IRS regulations allow staff and faculty to continue to receive University contribution to their retirement plan only during that portion of FMLA in which they are paid. This includes contribution for staff to the voluntary VALIC Matched Plan. IRS regulations require that the University contributions stop at the point that the employee is no longer receiving compensation from the University.
May I access any of my Tax Deferred Annuity [403b] funds, LUERP or TIAA-CREF retirement funds if I need the money?
Probably not. IRS rules say that there can be no "in-service" distribution of LUERP [for staff], the RMSP or the Defined Contribution Retirement Plan [for faculty]. There are distribution options available through the Tax-Deferred Annuity Program in cases of disability or when the employee has reached the age of 59 1/2.