Risk Management Initiative:
Family and Medical Leave Act and
University
Module
Office of the Vice President for Ethics and Compliance
Office of the Vice President for Human Resources
Learning Objectives
Family and Medical Leave Act
(FMLA)
• Describe the basic provisions of the University’s
policy
• Define who is eligible
• State examples of serious health conditions
• Understand medical certification requirements
Paid Parental Leave (PPL)
• Explain the general provisions of the University’s
policy
• Define who is eligible
What are the general FMLA provisions?
• Provides 12-weeks unpaid leave of absence for
eligible employees for the following reasons:
1) Serious health condition
—Employee’s own
—Spouse or same sex domestic partner’s
—Parent’s
—Child’s
—Under age 18
—Age 18 or older with a disability defined under
ADA and incapable of self-care
2) Birth, adoption, or foster care placement of a child
3) Qualifying need arising from the employee’s family
member’s status as a covered servicemember on active
duty or called to active duty status
FMLA Provisions (continued)
• Provides 26-week
unpaid leave of
absence for eligible
employees to care for
a covered
servicemember with a
serious illness or
injury incurred in the
line of duty on active
duty
FMLA Provisions (continued)
•
Provides job protection
‒ Restore job or place in equivalent job
‒ No adverse employment action or retaliation
• Is unpaid leave
‒ University policy requires the use of paid leave
time
• Maintenance of health insurance
‒ Employees required to pay their share of premium
How much leave is granted under FMLA?
• 12 or 26 workweeks per rolling 12-month
period
– May not exceed 26 workweeks total
• Shared leave when both spouses or partners
are employed at Purdue
• Intermittent leave or reduced schedule leave
Who is eligible for FMLA?
An employee is eligible for FMLA leave when
the individual has:
Worked at
Been
least 1,250
employed by
hours during
the University
the 12 months
for at least 12 AND preceding the
months
start of FMLA
leave
What is a serious health condition?
Illness, injury or physical or mental condition
that:
• Involves in-patient care or
• Continuing treatment by a health care
provider that includes period of incapacity
Serious Health Condition – Inpatient Care
• An overnight stay in a hospital, hospice, or
residential medical facility
• Includes any related incapacity or subsequent
treatment
Serious Health Condition – Continuing Treatment
Continuing Treatment by a
Health Care Provider due
to:
• Incapacity Plus
Treatment
• Pregnancy
• Chronic Conditions
• Permanent/Longterm Conditions
• Absence to Receive
Multiple Treatments
Continuing Treatment – Incapacity Plus Treatment
Incapacity of more than three
consecutive, full calendar days that
involves either:
• Two treatments
– first in-person visit within seven
days
– both visits within 30 days of first
day of incapacity
• One treatment
– in-person visit within seven days
– regimen of continuing treatment
• e.g., prescription medication
Continuing Treatment- Pregnancy
Incapacity due to pregnancy or prenatal care
Continuing Treatment – Chronic Conditions
•Any period of incapacity or treatment due to a chronic serious
health condition, which is defined as a condition that:
– requires periodic visits to a health care provider for
treatment
– continues over an extended period of time
– may cause episodic rather than continuing periods of
incapacity
– e.g., asthma, diabetes, epilepsy, migraines
Continuing Treatment – Permanent/Long-Term Conditions
•
A period of incapacity which is permanent or long-term
due to a condition for which treatment may not be
effective
‒ e.g., Alzheimer’s, severe stroke, terminal stages of a
disease
Continuing Treatment- Absence to Receive Multiple Treatments
• For restorative surgery after an accident or other injury, or
• For conditions that, if left untreated, would likely result in
incapacity of more than three consecutive days
‒ e.g, cancer (chemotherapy, radiation, etc.), severe arthritis
(physical therapy), kidney disease (dialysis)
Medical Certification of Serious Health Condition
Within 5 days of a request for FMLA leave Purdue may require
supporting health care provider certification.
• Certification includes:
‒ Health care provider contact information
‒ The starting date and expected duration
‒ Medical facts
‒ A statement of the need for time off
‒ Information on the ability to perform essential functions
Medical Certification Documentation
• Standard forms available
from Leaves Office
• In most cases, employees
must return form within 15
days
• Certification may be
required for family military
leave
Medical Certification Clarification
If the certification is incomplete, more information may
be requested:
• University Leaves Office may contact the health care
provider
• Clarification within seven calendar days
• Privacy requirements must be met
Medical Certification – 2nd and 3rd Opinions
• Leaves Office may request an independent medical
examination
• University may also request a third opinion
– Third opinion is binding and final
• University will pay for these opinions
• May be requested whether the patient is the employee or
a family member
What is Paid Parental Leave (PPL)?
• Purdue policy providing
parents paid leave due to
birth or adoption of a child
• No adverse employment
action or retaliation for
using PPL
• Runs concurrently with
FMLA
PPL Provisions
• If foreseeable, a 30-day notice to supervisor is
expected
• Supporting documentation must be submitted
after the birth or adoption
‒ Legal documentation establishing adoption
‒ Birth certificate or legal document establishing
paternity
Who is eligible for PPL?
• All benefits-eligible employees including:
‒ Faculty or Staff
‒ Graduate Staff
‒ Post-Doc
• Must be employed a minimum of 12 continuous months,
half-time or more at the time of birth or adoption
PPL Allowances
• Time is based on CUL. 100% CUL allowance is:
‒ 240 hours (6 weeks) for all eligible employees
‒ Must be used within the first 12 months following birth,
adoption or placement of child
How may time be used?
•
•
•
•
Continuous Leave
Intermittent Leave
Reduced Schedule
May combine with other leave
Note: Intermittent/reduced schedule leave requires
supervisory approval.
Summary
Family and Medical Leave Act (FMLA)
• Federal law requiring employers to:
• Grant up to 12 weeks of unpaid leave, 26 weeks under some
conditions, for family and medical circumstances
• Reinstate employees in the same or equivalent position
• Eligible when employed by the University at least 12 months and worked
at least 1250 hours during the 12 months preceding the start of leave
• Some circumstances require medical certification by a Health Care
Provider
Paid Parental Leave (PPL)
• University Policy that provides parents flexibility and time off to bond
with their new child
• Must be used within the first 12 months following birth or adoption
• Eligible when employed for one continuous year on at least a half-time
basis in a benefits-eligible position
• Runs concurrently with FMLA
Conclusion
• For questions about this training please contact
vpeceducation@purdue.edu.
• Please be sure to complete the certification quiz in
WebCert.
Thank you!