UNIVERSITY OF HOUSTON SYSTEM
ADMINISTRATIVE MEMORANDUM
SECTION:
Human Resources
AREA:
Leave Entitlement
SUBJECT:
Family and Medical Leave
1.
NUMBER:
02.D.06
PURPOSE
The University of Houston System provides leave benefits to eligible employees
1.1.
in accordance with the amended Family and Medical Leave of Act of 1993, as amended,
(FMLA) and related U.S. Department of Labor regulations and the General Provisions of
the State General Appropriations Act. Component university human resources
departments are responsible for implementing and administering procedures in
accordance with This policy defines and describes leave benefits available to eligible
employees under these laws.
1.2.
Each component university shall incorporate FMLA policy and procedures into its
faculty and staff handbooks, where such handbooks exist; and shall post a notice that
complies with the requirements of FMLA.
2.
POLICY
2.1.
The Family and Medical Leave Act of 1993, as amended, (FMLA) allows
“eligible employees” to take job-protected, leave for up to a total of 12
workweeks in a “year” because of the birth of a child and to care for the newborn
child, because of the placement of a child with the employee for adoption or
foster care, because the employee is needed to care for a family member (child,
spouse, or parent) with a “serious health condition,” because the employee’s own
“serious health condition” makes the employee unable to perform the functions of
his or her job, or because of any qualifying exigency arising out of the fact that
the employee’s spouse, child, or parent is a member of the National Guard or
Reserves on active duty (or has been notified of an impending call or order to
active duty) in support of a contingency operation. In addition, “Eeligible
employees” may take job-protected, leave for up to a total of 26 workweeks in a
single “year” to care for a covered servicemember with a serious injury or illness
incurred in the line of dutyif the employee is the spouse, son, daughter, or next of
kin of the servicemember. An “eligible employee” is entitled to a combined total
of 26 workweeks of leave for any qualifying reason during a “year” provided that
the employee is entitled to no more than 12 workweeks of leave that is taken for
one or more of the reasons in the first sentence of this paragraph 2.1. In certain
cases, FMLA leave may be taken on an intermittent basis rather than all at once,
or the employee may work a part-time schedule.[e1]
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3.
2.2.
An employee who does not meet the eligibility requirements for family and
medical leave may be eligible for parental leave for the birth of a natural child or
placement of a child under three years of age with the employee forr the adoption
or foster care placement of a child under three years of age (System
Administrative Memorandum 02.D.08).
2.3.
Additional unpaid leave beyond FMLA leave is subject to the approval of the
component university in accordance with regulations governing leave of absence
without pay (System Administrative Memoranda 02.D.03).
DEFINITIONS
3.1.
Child: A biological, adopted, or foster child; a stepchild; a legal ward; or a child
of a person or an employee standing in loco parentis (e.g., who had or has daily
responsibility to care for and financially support the child - (a biological or legal
relationship is not necessary) and who is under 18 years of age or18 years of age
or older and incapable of self-care because of mental or physical disability at the
time the FMLA leave is to commence.
[e2]
Persons who are “in loco parentis” include those with day-to-day responsibilities
to care for and financially support a child or in the case of an employee, who had
such a responsibility for the employee when the employee was a child. A
biological or legal relationship is not necessary.
“Incapable of self-care” means the individual requires active assistance or
supervision to provide daily self-care in three or more of the activities of daily
living or the instrumental activities of daily living. Activities of daily living
include caring for one’s grooming and hygiene, bathing, dressing, and eating.
Instrumental activities of daily living include cooking, cleaning, shopping, taking
public transportation, paying bills, maintaining a residence, using telephone and
directories, using a post office, etc.
3.2.
Chronic Serious Health Condition: A chronic serious health condition is one
which:
a.
Requires periodic visits (defined as at least twice a year) for treatment by a
health care provider, or by a nurse under direct supervision of a health
care provider;
b.
Continues over an extended period of time (including recurring episodes
of a single underlying condition); and
c.
May cause episodic rather than a continuing period of incapacity (e.g.,
asthma, diabetes, epilepsy, etc).
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2.2.
Continuing treatment: See “Serious Health Condition.”3.3. Covered military
member: The employee’s spouse, child, or parent who is on active duty or call to
active duty status in the National Guard or Reserves.[e3]
3.4.
Covered servicemember: The employee’s spouse, child, parent or next of kin
who is a current member of the Armed Forces, including a member of the
National Guard or Reserves, 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 incurred in the line of duty on
active duty.[e4]
2.3.
Chronic health condition: One that meets all the following requirements:
a.
Requires periodic visits for treatment by a health care provider;
b.
Continues over an extended period of time;
c.
May cause episodic rather than continuing incapacity (e.g., asthma,
diabetes, epilepsy).
23.45. Eligible employee: Any employee who:
a.
Has at least 12 calendar months of service with the State prior to the date
of leave but not necessarily 12 consecutive months; and
b.
Has worked at least 1,250 hours (based on FLSA hours-worked principles)
for the State in the 12 months immediately preceding commencement of
the leave. Full-time (100 percent FTE) exempt staff and faculty are
presumed to have worked 1,250 hours.
[e5]
3.6.
23.5. Health care provider: A doctor of medicine or osteopathy who is
authorized to practice medicine or surgery (as appropriate) by the State in which
the doctor practices; or any other person determined by 29 C.F.R. 825.125(b) of
the FMLA to be capable of providing health care services. The provider must be
performing within the scope of his or her practice as authorized by the law of the
state or country in which he or she practices without required supervision by a
doctor or other health care provider in accordance with FMLA.[e6]
The term “health care provider” means:
a.
A doctor of medicine or osteopathy who is authorized to practice medicine or
surgery (as appropriate) by the State in which the doctor practices; or
b.
Any other person determined by the Secretary of Labor to be capable of providing
health care services. Others capable of providing health care services include only:
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Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to
treatment consisting of manual manipulation of the spine to correct a subluxation as
demonstrated by X-ray to exist) authorized to practice in the State and performing within
the scope of their practice as defined by State law;
Nurse practitioners, nurse-midwives, and clinical social workers who are authorized to
practice under State law and who are performing within the scope of their practice as
defined under State law;
Christian Scientist practitioners listed with the First Church of Christ Scientist, in Boston,
Mass. Where an employee or family member is receiving treatment from a Christian
Science practitioner, an employee may not object to any requirement from an employer
that an employee or family member submit to an examination (though not treatment) to
obtain a second or third certification from a health care provider other than a Christian
Science practitioner except as otherwise provided under State or local law;
Any health care provider from whom the component university’s group health plan will
accept certification of the existence of a serious health condition to substantiate a claim
for benefits; and
A health care provider listed above who practices in a country other than the United
States, who is authorized to practice in accordance with the law of that country, and who
is performing within the scope of his or her practice as defined under such law.
The phrase “authorized to practice in the State” means that the provider must be
authorized to diagnose and treat physical or mental conditions without supervision by a
doctor or other health care provider.
2.6.
Incapacity: For the purposes of FMLA, the inability to work, attend school, or
perform other regular daily activities because of the serious health condition, treatment,
or recovery therefrom.
23.7.
Intermittent or reduced leave schedule: Intermittent leave is FMLA leave taken in
separate blocks of time due to a single qualifying reason. Intermittent leave is
calculated on an hourly or daily basis, as a proportion of the employee’s normal
work week. A reduced leave schedule is a change in the employee’s schedule for
a period of time normally from full-time to part-time.[e7]
3.8.
Next of kin of a covered servicemember: The nearest blood relative other than
the covered servicemember’s spouse, parent, or child, in the following order of
priority: Blood relatives who have been granted legal custody of the covered
servicemember by court decree or statutory provisions, brothers and sisters,
grandparents, aunts and uncles, and first cousins, unless the covered
servicemember has specifically designated in writing another bloodrelative as his
or her nearest blood relative under the FMLA. When such a designation has been
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AM No. 02.D.06
made, who is then consideredthe designated individual shall be deemed to be the
covered servicemember’s only next of kin.[e8]
23.89. Parent: A biological, foster, or adoptive parent; a stepparent; a legal guardian, or a
person who has, (or had during an employee’s childhood,) daily responsibility to
care for and financially support a childthe employee. Parents-in-law are not
included in this definition.[e9]
3.10.
Qualifying Exigencies: Arise out of the fact that the employee’s spouse, child, or
parent is a military member who in the National Guard or Reserves on active
duty, or has been notified of an impending call or order to active duty, in support
of a contingency operationis on active duty or call to active duty status for any of
the qualifying exigencies listed in 29 C.F.R. § 825.126 of the FMLA. .2.9.
Regimen of continuing treatment: Includes a course of prescription
medication (e.g., an antibiotic) or therapy requiring special equipment to resolve
or alleviate the health condition. A regimen of treatment does not include the
taking of over-the-counter medications such as aspirin, antihistamines, or salves,
or bed-rest, drinking fluids, exercise, or other similar activities that can be
initiated without a visit to a health care provider.
3.101 23.10. Serious Health Conditions: An illness, injury, impairment, or physical or
mental condition that involves:
[e10]
a.
In-patient care (i.e. an overnight stay) in a hospital, hospice, or residential
medical care facility, including any period of incapacity (i.e., inability to
work, attend school, or perform other regular daily activities) or
subsequent treatment in connection with such inpatient care; or[e11]
b.
Continuing treatment by a health care provider asis defined by one of the
following: [e12]
b.
For an employee to qualify for family and medical leave for a serious
health condition, the employee or family member must be under
continuing supervision of, but not necessarily receiving active treatment
by, a health care provider, who must certify to one of the following:
In the case of leave requested to care for a family member, the employee
is needed to care for the family member; or
In the case of leave requested for the serious health condition of the
employee, the employee is unable to perform the essential
functions of the position.
c.
A serious health condition involving continuing treatment by, or under the
orders of, a health care provider includes any of the following conditions:
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A period of incapacity of more than three consecutive calendar days,
involving treatment by a health care provider two or more times, or
at least one time that results in a regimen of continuing treatment;
•
A period of incapacity lasting more than three consecutive, full
calendar days, and any subsequent treatment or period of
incapacity relating to the same condition, that also
includesinvolves:
o
Ttreatment two or more times, within 30 days of the first
day of such period of incapacity, unless extenuating
circumstances exist, by a health care provider, by a nurse
by or under the direct supervision of a health care provider,
or by a provider of health care services (e.g., physical
therapist) under the orders of, or on referral by, a health
care provider; or
o
one Ttreatment by a health care provider on at least one
occasion, which results in a with a continuing regimen of
treatment under the supervision of the health care provider.
The treatment by a health care provider in the two
paragraphs above means an in-person visit to a health care
provider. Additionally, the first (or only) in-person
treatment visit must take place within seven days of the
first day of the period of incapacity.
•
Any period of incapacity due to pregnancy or prenatal care;
•
Any period of incapacity or treatment due to a chronic serious
health condition;
•
A period of incapacity that is permanent or long-term for which
treatment may not be effective (e.g., Alzheimer’s, severe stroke,
terminal stages of disease);
•
Any period of absence to receive multiple treatments either for
restorative surgery after an accident or injury or for a condition
that would likely result in an incapacity of three or more days in
the absence of medical treatment.[e13] (e.g., cancer, severe arthritis);
3.11 – Chronic Serious Health Condition: A chronic serious health condition is one
which: (1) requires periodic visits (defined as at least twice a year) for treatment by a
health care provider, or by a nurse under direct supervision of a health care provider: (2)
continues over an extended period of time (including recurring episodes of a single
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AM No. 02.D.06
underlying condition); and (3) may cause episodic rather than a continuing period of
incapacity (e.g., asthma, diabetes, epilepsy, etc).
•
Allergies or mental illness resulting from stress, but only if they
meet all of the other criteria of a serious health condition; or
Substance abuse, but only if the employee is taking leave for treatment by a health care
provider.
[e14]
23.121.
Spouse: A husband or wife, as recognized under the laws of the State of
Texas, including common-law marriages.
2.12.
Treatment: For the purposes of FMLA, includes, but is not limited to,
examinations to determine if a serious health condition exists. Treatment does not
include routine physical, eye, or dental exams.
Specific conditions for which treatment does not qualify for FMLA leave include:
cold, flu, earaches, upset stomach, minor ulcers, headaches other than migraine,
routine dental, or orthodontia problems and periodontal disease. Cosmetic
treatments are not considered a serious health condition unless medically required
or unless complications arise.
23.1332.
Year: Twelve months measured forward from the first date family and
medical leave begins.
34.
TERMS OF LEAVE
4.1.
An eligible employee must use all applicable accrued paid leave balances
(including sick leave and vacation) available at the onset of the leave while taking
family and medical leave, unless the employee is receiving temporary disability
benefit payments or workers’ compensation benefits. Any leave accrued after the
start of FMLA may not be used until the employee returns to work. The use of
accrued sick leave is, however, restricted to those circumstances that would
otherwise qualify the employee for sick leave usage under State law and
university System rules and regulations governing the use of sick leave (System
Administrative Memorandum 02.D.01, Vacation and Sick Leave). The employee
may choose to use accrued compensatory time, instead of unpaid family and
medical leave, but may not be required to do so (System Administrative
Memorandum 02.B.02, Overtime and Compensatory Time). Any compensatory
time taken may not be counted against the employee’s family and medical leave
entitlement.[e15][e16]
4.2.
Any sick leave of more than three consecutive days or intermittent leave of any
duration for qualifying serious health conditions must be counted as family and
medical leave. When there is any question about whether a condition qualifies as
family and medical leave, the employing department should contact the
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component university Human Resources Department. If it is determined that this
leave qualifies as family and medical leave, the and the procedures for applying
for and reporting family and medical leave must be followed.
4.23.
An employee on Workers’ Compensation who wishes to continue to receive state
insurance premium sharing is required to apply for family and medical leave.
4.3.
If a holiday falls during a week when an employee is on family medical leave, the entire
week is treated as a week on family medical leave, except when the university is closed for the
entire week (five or more consecutive working days).
4.4.
If both spouses are employed by the component university as eligible employees, they are
entitled together to a total of 12 weeks of family and medical leave between them during the year
(rather than 12 weeks each) for the birth or placement of a child. Spouses who are eligible
employees are entitled to 12 weeks each total for other qualifying events or conditions.
4.54.
Leave taken for the birth or placement of a child for adoption or foster care must
take place within 12 months after the event (i.e., the birth or placement of the
child). Leave may begin prior to the birth or placement of the child for adoption.
If both spouses are employed by the component university as eligible employees,
they are entitled together to a total of 12 weeks of family and medical leave
between them during the year (rather than 12 weeks each) for the birth or
placement of thea child. [e17]
Leave for birth or placement of a child is available equally to both sexes.
4.6.
An intermittent or reduced leave schedule is available under the FMLA for the
serious health condition of the employee, employee’s spouse, child, or parent.
4.7.
For the period of the family and medical leave that is without pay, the employee
may continue insurance benefits (excluding disability insurance plans) and will
receive the premium sharing from the state or the university toward the cost of
health insurance. The employee is responsible for self-paying by personal check
or money order that part of his/her insurance cost that would otherwise be
deducted from the employee’s paycheck. (If an employee’s premium payment is
more than 30 days late, the university will reduce the employee’s insurance
coverage to self-coverage only, following prescribed notification to the
employee.)
4.856. Any full calendar month (i.e., from the first day of a month through the last day of
a month, inclusive) in which an employee is on family medical leave without pay,
shall not be counted in the calculation of total state service for the purposes of
longevity pay [e18]or vacation leave entitlements[e19]. No employee shall accrue
vacation or sick leave for such month. [e20]Any full calendar month orf unpaid
family and medical leave shall not constitute a break in continuity of employment
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4.10.
but shall not be included in the calculation of the minimum number of continuous
months of employment[SRC21] required by the FMLA.
4.9.
Except under the conditions outlined in Section 4.10. below, e
The component university may decline to restore an employee on family and
medical leave to his/her original equivalent position under the conditions listed
below:
a.
If an employee’s position is scheduled for elimination as a part of an
approved reduction in force (RIF) plan, the employee’s family and
medical leave rights (including rights to restoration of employment) end
on the scheduled termination date;
b.
If misconduct by the employee which constitutes grounds for termination
occurs or is discovered, the employee is subject to termination, even if the
employee is on family and medical leave at the time of the misconduct or
the discovery of misconduct;
If an employee is scheduled for termination for any other reason prior to
notification of family and medical leave and has received written notice of
the termination, the employee’s family and medical leave rights end on the
previously scheduled termination date; or
c.
d.
If the employee is among the 10 percent highest paid employed by a
component university within the System and a determination is made by
the President that restoring employment to the employee would result in
substantial economic injury to the component university, the employee’s
right to restoration of employment may end at the close of the family and
medical leave period. At the time an employee in this category applies for
family and medical leave, the employee must be notified that he/she may
be ineligible for reinstatement.
In such cases, the employee maintains only those rights provided by such
regulations as COBRA and, in the case of a RIF, System Administrative
Memorandum 02.A.06, Reduction in Force of Regular Staff Employees,
unless the employee is eligible for retirement benefits.
5.
PROCEDURAL REQUIREMENTS
5.1.
Communication of provisions of the Family and Medical Leave Act to
employeesNotification:
a.
Employees are responsible for providing the following notice appropriate
to their circumstance to the component university’s human resources
department:
•
30 days advance notice of the need to take FMLA leave when the
need is foreseeable and such notice is practicable;[e22]
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AM No. 02.D.06
b.
•
notice as soon as practicable, if the leave is unforeseeable and less
than 30 days in advance of the need to take FMLA leave; or[e23]
•
notice to the component university as soon as practicable in
accordance with SAM 02.D.01 – Vacation and Sick Leave, when
the need for leave is not foreseeable.
The component university must provide employees with the following:
•
General notice: A notice explaining FMLA provisions and
procedures for filing complaints of violations of the FMLA must
be prominently posted by each component institutionuniversity.
This general notice must also be distributed to each employee
either via employee handbooks or other written guidance, or upon
hire.[e24]
•
Eligibility notice: When an employee requests FMLA leave, or
when the component university acquires knowledge that an
employee’s leave may be for an FMLA-qualifying reason, the
component university must notify the employee of the employee’s
eligibility to take FMLA leave (and, if not, at least one reason why
the employee is ineligible) within five business days, absent
extenuating circumstances.[e25]
•
Rights and responsibilities notice: The component university must
provide wWritten notice to an employee who requests FMLA
leave detailing the specific expectations and obligations of the
employee and explaining any consequences of a failure to meet
these expectations and obligations.[e26]
•
Designation notice: When the component university has enough
information (including all required forms and certifications) to
determine that leave is being taken for a FMLA-qualifying reason,
the component university must, absent extenuating circumstances,
notify the employee that the leave is designated and counted as
FMLA leave within five business days. The component university
must also provide notice if the leave does not qualify for FMLA.
[e27]
a.
The component university Human Resources Department must post a
notice describing the provisions of the Family and Medical Leave Act in a
location available to all eligible employees;
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5.2.
b.
The component university policy and procedures on family and medical
leave shall be published in their faculty and staff handbooks, where such
handbooks exist; and
c.
When an employee notifies the component university of the need for leave
qualifying as family and medical leave, the employee will be provided
with a summary of employees’ rights and requirements under FMLA. This
summary may be included as part of the family and medical leave
application form.
Applying for Family and Medical Leaveication and Certification:
a.
Each component university shall develop an application form for family
and medical leave that provides all required information to initiate, record,
and track the employee’s family and medical leave in accordance with 29
C.F.R. § 825.306 of the Family and Medical Leave Act, including the
following:.
•The employee’s name, social security number, home address and
telephone number, name of employing department, and name of
supervisor;
•The qualifying condition;
•The amount of family and medical leave requested;
•The expected dates of leave and return to work;
•Family and medical leave taken within the prior 12 months;
•A statement from the employee that he/she understands and agrees to the
terms and limitations of the family and medical leave, with line for
signature of employee and date;
•The employee’s job title, FTE, hire date, pay type, and other relevant
employment information;
•Date of event or onset of condition and last day worked;
•Vacation and sick leave balances at last day worked;
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•Dates for which family and medical leave is approved with pay and
without pay;
•Total family and medical leave approved;
•Where applicable, schedule of intermittent or reduced leave schedule as
approved;
•A place to allow for disapproval of family and medical leave and the
reason; and
•Approval signatures for:
oEmployee - see 6 above
oSupervisor
Human Resources Department.
b.
All requests for family and medical leave must be submitted on the
component university application form and accompanied by the U.S.
Department of Labor Certification of Health Care Provider form or
acceptable alternate documentation providing the same required
information and certified by the health care provider.
[e28]
c.
When FMLA leave is taken because of an employee’s own serious health
condition, or the serious health condition of a family member, the
employee must obtain a medical certification from a health care provider.
The medical certification should be provided to the human resources
department of the component university by the employee at the time the
employee gives notice of the need for leave or within fives business days
thereafter, or, in the case of unforeseen leave, within five business days
after the leave commences. The medical cCertification must state the
approximate date date of the onset ofon which the serious condition
commenced, its probable duration, and appropriate medical facts sufficient
to support the need for leave (e.g., symptoms, diagnosis, hospitalization,
doctor visits, whether medication has been prescribed, referrals for
evaluation or treatment, any other regiment of continuing treatment). If the
leave is because of the employee's own serious health condition, the
medical certification must also state that the employee is unable to
perform the essential functions of his or her position as well as the nature
of any other work restrictions, and the likely duration of such inability.
When leave is taken to care for a family member, the certification must
state that the employee is required to provide care for the family member
and estimate the amount of time the employee will needprovide
information sufficient to establish that the family member is in need of
care, and an estimate of the frequency and duration of the leave required to
care for the family member. For an intermittent leave, an estimate of the
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AM No. 02.D.06
the dates of treatment and duration of treatment and any periods of
recovery must be specified.[e29]
cd.
A jointly filed request form is required from eligible spouses who are both
requesting leave for the same qualifying event or condition.
e.
If an employee submits a medical certification that the component
university determines is incomplete, the component university must state
in writing what additional information is necessary to make the
certification complete and sufficient. The employee has seven calendar
days to submit the additional information to the human resources
department of the component university, unless seven calendar days is not
practicable under the particular circumstances despite the employee’s
diligent good faith efforts.[e30]
d.
For an intermittent or reduced leave schedule, the following provisions
shall apply:
•The health care provider’s certification must state that medical need can
best be accommodated through an intermittent or reduced leave
schedule;
•The employee must attempt to schedule the leave so as not to disrupt the
university’s operations; and
•The component university may require the employee to transfer
temporarily (not to exceed the 12-week family and medical leave
period) to an alternative position that better accommodates
recurring periods of absence or a part-time schedule, provided the
position provides equivalent benefits and an equivalent pay rate for
the hours worked. However, a reduction in hours may not result in
a reduction in FTE.
e.
When the need for family and medical leave can be planned, such as for
the birth or placement of a child or for scheduled medical treatment, the
employee is responsible for submitting both required forms to the
component university at least 30 calendar days in advance of the leave and
for making efforts to schedule the leave to minimize disruption of the
university’s operations.
f.
In case of sudden illness or other unforeseeable need for leave, the
employee is required to give notice to the component university within
two days of learning of the need for leave, except under extraordinary
circumstances. The notice may be oral.
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g.
Within two business days after being informed that an employee is taking
sick leave involving a condition that may qualify for family and medical
leave, the component university must notify the employee in writing that
the paid leave is also designated as family and medical leave and will be
counted toward the 12-week entitlement. The component university must
also provide the employee with a summary of employees’ rights and
requirements under FMLA. The notice must be provided in a language
that the employee understands and must explain the consequences of
failure to pay for optional benefits and circumstances under which
coverage may lapse.
h.
The two required forms must be submitted to the component university
Human Resources Department within 15 calendar days from the date of
the written notification unless not practicable under the circumstances.
i.
To request leave based on a serious health condition, the employee must
provide the following information on the forms noted or, in the case of the
health care provider’s form, the same information may be provided in a
letter:
•The health care provider must certify that one of the following conditions
exists:
oif the leave is requested based on the serious health condition of
the employee, that the employee is unable to perform the
functions of his or her position;
oif the request is based on the serious health condition of the child,
parent, or spouse of the employee, that the employee is
needed to provide care to the child, parent, or spouse; or
othat the employee or the employee’s spouse is expecting the birth
of a child.
•The medical certification must also include the following information:
othe date on which the serious health condition commenced;
othe probable duration of the condition;
othe appropriate medical facts regarding the condition for which
the current need for leave exists; and
oan estimate of the time needed to care for the individual involved,
if the request is based on the serious health condition of the
child, parent, or spouse of the employee.
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AM No. 02.D.06
j.
To request leave based on the adoption or placement of a child, a copy of
the legal orders of adoption or placement is required.
k.
To request intermittent leave or leave on a reduced leave schedule, the
employee must provide the following information from the health care
provider:
•For a request based on the serious health condition of the employee:
oa statement of medical necessity for his or her intermittent leave
or reduced leave schedule;
othe expected duration of the reduced leave schedule; and
oa listing of the dates of his or her planned medical treatment and
the duration of the treatment.
•For a request based on the serious health condition of the child, parent, or
spouse of the employee:
oa statement from the employee certifying the relationship of the
child, parent, or spouse to the employee;
oa statement attesting to the necessity of intermittent leave or
reduced leave schedule for the employee to provide care or
to assist in the person’s recovery; and
oan estimate of the expected duration and schedule of his or her
intermittent or reduced leave schedule.
lf.
At its discretion, the component university may require a second medical
opinion from a health care provider designated or approved by the
component university at the component university’s expense. The second
health care provider shall who is not be regularly employed on a regular
basis bya regular employee of the component university. If the opinions of
the employee's and the component university’s designated health care
providers differ,If the second medical opinion differs from the employee’s
medical certification provided in accordance with the policyfirst health
care provider , the component university may require the opinion of a third
health care provider, jointly approved by both the component university
and the employee, may be required. at the component university’s
expense. This third opinion is binding on both the component university
and the employee. An employee who refuses to cooperate with the third
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AM No. 02.D.06
health care provider is bound by the opinion of the second health care
provider. Second and third opinions shall be obtained at the component
university's expense. Pending receipt of the second or third medical
opinion(s), the employee is provisionally entitled to family and medical
leave benefits.[e31]
If the certifications do ultimately establish the employee’s family and medical leave entitlement,
the leave shall be designated as paid or unpaid leave depending upon the employee’s other
available leave (such as sick time, vacation time, etc).
5.3.
mg.
The component university may request new certifications or recertification
from the employee’s health care provider under certain conditions in
accordance with the FMLA , such as when any extension of leave is
requested, when circumstances described by the original certification have
changed significantly, or when the component university receives
additional information that makes recertification necessary. Prior to
requesting recertification for any reason, the appropriateness of such a
request under the law should be verified by the Human Resources
Department. [e32]
h.
Second and third opinions and recertifications are not permitted for
certification of a covered servicemember’s serious injury or illness or of a
qualifying exigency. The component university may use a health care
provider, a human resource professional, a leave administrator, or a
management official, but not the employee’s direct supervisor, to
authenticate or clarify a medical certification of a serious injury or illness,
or an invitational travel orders (ITO) or invitational travel authorizations
(ITA).[e33]
ni.
The component university does not have the option of approving less than
the requested leave as long as the employee has that amount of family and
medical leave available and the physician certification satisfies FMLA
requirements and indicates that the employee has an eligible condition and
at least that length of time is needed.
o.
The component university shall provide the employee with a copy of the
application for the employee’s records.
p.
If the employee is eligible for benefits under the University of Houston
System disability plans, the component university Human Resources
Department shall provide the employee with the appropriate information
and applications.
Insurance coverage:
a.
As long as paid leave is available under family and medical leave,
insurance coverage will continue as usual.
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AM No. 02.D.06
b.
For the period of the family and medical leave that is without pay, the
employee may continue insurance benefits and will receive the premium
sharing from the State or the component university toward the cost of
health insurance. The component university will bill the employee for the
part of his/her insurance cost that would otherwise be deducted from the
employee’s paycheck. If an employee’s premium payment is more than 30
days late, insurance coverage will be reduced to employee-only coverage.
If the component university discontinues health coverage as a result of the
employee's nonpayment of premiums, the employee's group health
benefits must be restored to at least the same level and terms as were
provided when leave commenced if the employee returns to work. The
returning employee shall not be required to meet any qualification
requirements, such as a waiting period or preexisting condition
requirements, when the employee has failed to continue his or her health
coverage for nonpayment of premiums.[e34]
c.
If the employee is eligible for benefits under the State disability plans, the
component university human resources department shall provide the
employee with the appropriate information and applications.
When/if paid leave is exhausted, the component university must submit a
personnel action request (PAR) placing the employee on leave without
pay, indicating “Family and Medical Leave” in the “Remarks” section.
c.
The component university will bill the employee for any premium due
after application of the state premium sharing toward the cost of health
insurance.
d.
The state or component university will continue to contribute its monthly
portion of insurance premiums to the Employee Retirement System of
Texas (ERS) during the period of family and medical leave. However, if
an employee’s premium payment is more than 30 days late, insurance
coverage will be reduced to employee-only coverage. Prior to making the
reduction in coverage, the component university must provide written
notice that the payment has not been received and coverage will be
dropped, providing at least 15 days’ notice to allow for the employee to
provide payment.
ed.
If family and medical leave is unpaid, the component university’s Hhuman
Rresources dDepartment must notify the Employee Retirement System of
Texas (ERS) of a change in employment status in accordance with ERS’s
procedures.
e.
In the event of an on-the-job injury or illness, the component university
human resources department and the System Office of Risk Management
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AM No. 02.D.06
shall communicate with each other, providing pertinent family and
medical leave data, such as start and end dates.
5.4.
Employee reporting requirements:
a.
The employee is required to report to their supervisor or designee
periodically (at least once per week) during the leave on the status of
his/her leave. If medically necessary, a representative may report for the
employee. Failure to report periodically during the leave may result in the
suspension of the family and medical leave.
b.
The employee must report to their supervisor or designee if he/she will be
unable to return to work at the end of the leave period. Failure to report by
the date intended to return to work will be considered abandonment by the
employee of his/her job. Job abandonment (voluntary resignation) may not
be appealed (System Administrative Memorandum 02.A.04, Discipline
and Dismissal of Regular Staff Employees).
c.
The employee must be notified in writing prior to suspension of family
and medical leave or termination of employment that his/her status with
the university is in jeopardy.
The employee must be given a sufficient amount of time to contact the
component university and comply with policy requirements;
If the decision is made to suspend the family and medical leave or to
terminate the employment, the employee must be notified in
writing by the component university; and
The employee has a right to appeal any such action (involuntary
resignation) under the component university’s grievance policy
and procedure.
5.54.
d.
Since only 12 weeks of job protection are provided under the terms of
family and medical leave, additional unpaid leave beyond 12 weeks is
subject to the approval of the component university in accordance with
regulations governing leave of absence without pay.
e.
If an employee plans to return to work earlier than expected by the
component university, the employee shall provide the university with two
business days’ notice where feasible.
Employee requirement for rReturn to work:
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AM No. 02.D.06
a.
5.65.
An employee has no greater right to reinstatement or to other benefits and
conditions of employment than if the employee had been continuously
employed during the FMLA leave period. In general, eEmployees
returning from approved family and medical leave within the provisions of
this policy shall be restored to their original or an equivalent positions
with equivalent pay, benefits, and other employment terms. The
component university must be able to show that an employee would not
otherwise have been employed at the time reinstatement is requested in
order to deny restoration to employment.[e35]
1.
An employee who is offered an equivalent position and chooses to
decline the position waives any rights to reinstatement.
2.
If an employee believes that a position offered is not an equivalent
position he/she is entitled to file a grievance in accordance with
System Administrative Memorandum 02.A.05, Employee
Relations, Grievance, and Appeal.Upon return to work, an
employee who has been on approved leave for more than three
days based on the employee’s serious health condition will be
required to present to the component university a health care
provider’s release certifying fitness to return to work.
b.
The component university is responsible for establishing uniformly-applied
procedures addressing return to work requirements for employees returning
from leave for their own serious health condition.
b.
A request to return to duty with restrictions will be considered on a caseby-case basis, based on the needs of the department and the essential
functions of the job.
Recordkeeping:
a.
It is the responsibility of the component university to designate all leave
that constitutes family and medical leave on the appropriate payroll and
human resource documents (time sheet and, in the case of leave without
pay, PAR). All family and medical leave shall be reported on the time
sheet by indicating “Family and Medical Leave” in the Remarks section.
b.
The component university must maintain records of all family and medical
leave taken by the employee for as long as the employee is employed by
the component university and for at least three years from the end of the
fiscal year past the employee’s termination. The component university
may be required to submit records to the U.S. Department of Labor, but no
more than once during a 12-month period, unless the Secretary of Labor
has adequate cause for requesting records more frequently. Additionally,
medical records are to be maintained in separate confidential files; and
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AM No. 02.D.06
these records are not to be integrated into personnel files because of the
need for medical confidentiality.
6.
REVIEW AND RESPONSIBILITY
7.
Responsible Party:
Assistantociate Vice Chancellor for Human ResourcesFinance
Review:
Odd numberedEvery five years, on or before August 3June 1
APPROVAL
Approved:
John Rudley
Executive Vice Chancellor for Administration and Finance
Jay Gogue
Chancellor
Effective Date: November 30, 2006
8.
INDEXING TERMS
Adoption
Benefits
Family leave
Family and Medical Leaves Act
Illness
Leave
Medical leave
Parental leave
Sick leave
Unpaid leave
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