TEXAS WOMAN'S UNIVERSITY
TWU HUMAN RESOURCES OPERATING POLICY
50.28
SUBJECT: Family and Medical Leave Policy
DATE PASSED: August 5, 1993
DATE REVIEWED: Currently Under Review
REVIEW NEXT BY:
PURPOSE
The purpose of this Texas Woman's University Operating (TWU OP) Policy and
Procedure is to establish guidelines for the use of leave time as it applies to
the Family and Medical Leave Act (FMLA). The Family and Medical Leave Act was
passed by congress on February 5, 1993 and goes into effect August 5, 1993.
POLICY/PROCEDURE
FMLA Leave Policy: Employees are eligible to take
up to twelve (12) weeks of family/medical leave within any fiscal year
(September 1 through August 31) and be restored to the same or an equivalent
position upon return from leave, provided that the employee has worked for State
of Texas for at least 12 months and for at least 1250 hours within the preceding
twelve (12) month period. The 1250 hours refers to hours actually worked and
does not include any paid time off. Leave without pay may begin after all
available applicable paid leave has been exhausted and will be included in the
twelve weeks of FMLA. Applicable Sick Pool benefits and leave resulting from and
on-the-job injury [Workers' Compensation] and long and short term disability
leave will be included in the twelve week period.
Definitions: For the purpose of this policy, the following
definitions apply.
Spouse - Those recognized as spouses by the state of Texas.
Parent - Parent includes biological parents and individuals who acted as
the employee parents, but does not include parents-in-law.
Son or Daughter - Son or daughter includes biological, adopted, foster
children, stepchildren, legal wards, and other persons for whom you act in the
capacity of a parent [for on going care of the child including financial
responsibility] and who is under 18 years of age or over 18 years of age but
incapable of caring for themselves.
Serious Health Condition - A serious health condition means any illness,
injury, impairment, or physical or mental condition that involves: (l) any
incapacity or treatment in connection with inpatient care; (2) an incapacity
requiring absence of more than three calendar days and continuing treatment by a
health care provider; or (3) continuing treatment by a health care provider of a
chronic or long-term condition that is incurable or will likely result in
incapacity of more than three days if not treated.
Continuing Treatment - Continuing treatment means: (1) two or more
treatments by a health care provider; (2) two or more treatments by a provider
of health care services [e.g., physical therapist] on referral by or under
orders of a health care provider; (3) at least one treatment by a health care
provider which results in a regimen of continuing treatment under the
supervision of the health care provider [e.g., a program of medication or
therapy]; or (A) under the supervision of, although not actively treated by, a
health care provider for a serious long term or chronic condition or disability
which cannot be cured [e.g., Alzheimer's or severe stroke].
Health Care Provider - Health care provider includes: licensed MD's and
OD's, podiatrists, dentists, clinical psychologists, optometrists, chiropractors
authorized to practice in the State, nurse practitioners and nurse-midwives
authorized under State law, and Christian Science practitioners.
"Needed To Care For" - "Needed to care for" a family member encompasses:
(1) physical and psychological care; and (2) where the employee is needed to
fill in for others providing care or to arrange for third party care of the
family member.
"Unable To Perform The Functions Of His/Her Job" - The phrase "unable to
perform the functions of his/her job" means an employee is: (1) unable to work
at all; or (2) unable to perform any of the essential functions of his/her
positions. The term "essential functions" is borrowed from the Americans with
Disabilities Act (ADA) to mean "the fundamental job duties of the employment
position," and does not include the marginal functions of the position.
Reason For Family/Medical Leave: Eligible faculty and staff may
take family/medical leave for any of the following reasons:
1. the birth of a child and in order to care for such child;
2. the placement of a child with you for adoption or foster care;
3. to care for a spouse, son, daughter, or parent with a serious health
condition;
4 because of the employees own serious health condition which renders
the employee unable to perform the functions of their position.
Leave because of reasons "1" or "2" must be completed within the 12 month period
of the birth or placement. In addition, spouses employed by Texas Woman's
University who request leave because of reasons "1" or "2" or to care for an ill
parent may only take a combined total of twelve weeks leave during any 12 month
period.
Notice of Leave: If the need for family/medical leave is
foreseeable, the employee must give 30 days prior written notice. If this is not
possible, the employee must at least give notice as soon as practicable [within
2 working days of learning of the need for leave]. Failure to provide such
notice may be grounds for delay of leave. Where the need for leave is not
foreseeable, the employee is expected to notify the supervisor and the TWU Human
Resources Department within 2 working days of learning of the need for leave,
except in extraordinary circumstances. Request for Family/Medical Leave forms
are available from the Human Resources Department. Employees should use
these forms when requesting leave.
Medical Certification: If an employee is requesting leave
because of their own or a covered relation's serious health condition, the
employee and the relevant health care provider must supply appropriate medical
certification. Medical Certification Forms may be obtained from the Human
Resources Department. The form must be returned to the Director of Human
Resources within 15 days after the leave is requested. Failure to provide
requested medical certification in a timely manner may result in denial of leave
until the certification is provided. The University, at its expense, may require
an examination by a second health care provider designed by the University. If
the second health care provider's opinion conflicts with the original medical
certification, the University, at its expense, may require a third, mutually
agreeable, health care provider to conduct an examination and provide a final
and binding opinion. The University may require subsequent medical
recertification on a reasonable basis.
Reporting While On Leave: If an employee takes FMLA leave
because of their own serious health condition or to care for a covered relation,
the employee must contact their supervisor on a regular basis (twice per month)
regarding the status of the condition and their intention to return to work. The
supervisor is responsible for reporting this information to the Director of
Human Resources.
Leave Is Unpaid: Family/medical leave is unpaid leave after
applicable vacation and sick leave accruals have been exhausted. Employees may
apply for sick leave from the Sick Leave Pool which, if approved, will be
included within the FMLA period. Employees may be eligible for short or
long-term disability payments and/or workers' compensation benefits under the
provisions of those insurance plans. This leave time will also be included in
the 12 week period of FMLA. The use of paid leave time does not extend the 12
week leave period.
Medical And Other Benefits: During an approved
family/medical leave, the University will maintain the employee's insurance
coverage that she/he had while working, except disability coverage. Upon
returning to work disability coverage will be automatically reinstated. During
periods of paid FMLA leave the University will deduct the employee's portion of
the insurance premiums as a regular payroll deduction. If the employee's FMLA
leave is unpaid, the employee must pay their portion of the premium directly to
the Benefits section of the Human Resources Department. The employee's insurance
coverage will cease if the premium payment is more than 30 days late. If the
employee elects not to return to work at the end of the FMLA leave period, the
employee will be required to reimburse the University for the cost of the
premiums paid by the University for maintaining coverage during the leave,
unless the employee cannot return to work because of a serious health condition
or other circumstances beyond the employee's control.
An employee is not entitled to State service credit for any full calendar months
of leave without pay taken while on FMLA leave and vacation and sick leave will
not accrue during such periods of unpaid leave. Further, any full calendar
months of leave without pay shall not be included in the calculation of the six
continuous months of employment set forth in Article V, (Section 1,4) and under
the Employee Vacations and Leaves, Article V Section 8,1.(5) of the State
Appropriations Bill.
Intermittent And Reduced Schedule Leave: Leave because of a
serious health condition, may be taken intermittently [in separate blocks of
time due to a single health condition] or on a reduced leave schedule [reducing
the usual number of hours worked per workweek or work day] if medically
necessary. A reduced schedule is subject to .availability depending on the
business need of the department or the University. If leave is unpaid, the
University will reduce the employee's salary based on the amount of time
actually worked. In addition, while the employee is on an intermittent leave or
reduced schedule, the University may temporarily transfer the employee to an
alternative position which better accommodates the recurring leave and which has
equivalent pay and benefits.
Returning From Leave: If the employee takes leave because of
their own serious health condition, the employee is required to provide medical
certification that the employee is fit to resume work. Return to Work Medical
Certification Forms may be obtained form the Human Resources Office. Employees
failing to provide the Return to Work Medical Certification Form will not be
permitted to resume work until it is provided.
Extended Leave For Serious Health Conditions: Leave taken
because of the employees own serious health condition may be extended on a
month-to-month basis for a maximum of an additional 12 weeks upon: (1) written
request to the University; (2) proof that the serious health condition has
continued; and (3) approval by the University, subject to the departments
business needs. If the employee does not return to work on the originally
scheduled return date nor request in advance an extension of the agreed upon
leave with appropriate documentation, the employee will be deemed to have
voluntarily terminated employment with the University. If the employee request
an extension of leave beyond the initial 12 week period, he/she must submit
medical certification of continued serious health condition in advance for each
month that the leave is extended. Reinstatement is not guaranteed on an extended
leave and will depend on University needs. If the employees cumulative leave for
any reason extends beyond 24 weeks in any two year period, the employee
automatically will be deemed terminated, but may be entitled to disability
payments in accordance with the University's Disability Insurance and/or
Workers' Compensation plans.
Approvals:
Associate Vice President of Human Resources
Vice President of Finance and Administration