legal ward, or child of a person standing "in
loco parentis" by providing day-to-day care and
financial support, where the child is under age 18, or
age 18 or older and incapable of self care because of a
mental or physical disability.
one of the following:
||1.||A period of
incapacity of more than three consecutive full calendar
days, and any subsequent treatment or period of
incapacity relating to the same condition that also
involves either treatment two or more times within 30
days, or treatment by a health care provider on at least
one occasion, which results in a regimen of continuing
treatment under the supervision of the health care
|2.||Any period of
incapacity due to pregnancy or prenatal care.
|3.||Any period of
incapacity or treatment for such incapacity due to a
chronic serious health condition. A chronic serious
health condition is one which requires periodic visits
(i.e., at least twice per year) for treatment by a
health care provider, which continues over an extended
period of time, and may cause episodic rather than a
continuing period of incapacity.
or long-term conditions.
requiring multiple treatments.
Means duty of a Covered Service Member during
deployment to a foreign country. This term, as applied to
members of the reserve component of the Armed Services,
shall mean covered active duty as defined by federal
member of the Armed Forces, including a member of the
National Guard or Reserves, who is 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, or a veteran who is undergoing medical
treatment, recuperation, or therapy for a serious injury
or illness and who was a member of the Armed Forces
(including a member of the National Guard or Reserves)
at any time during the period of 5 years preceding the
date on which the veteran undergoes that medical
treatment, recuperation, or therapy.
perform other regular daily activities due to the
serious health condition, treatment for such condition,
or recovery from such condition.
stay in a hospital, hospice, or residential medical care
or any subsequent treatment in connection with the
blood relative other than the Covered Service Member's
spouse, parent, son or daughter, in the following order
of priority: blood relatives who have been granted legal
custody of the Service Member by court decree or
statutory provisions, brothers and sisters,
grandparents, aunts and uncles, and first cousins,
unless the covered Service Member has specifically
designated in writing another blood relative as his or
her nearest blood relative for purposes of military
caregiver leave under the FMLA.
biological, adoptive, step or foster parent, or other
person who stood "in
loco parentis" to a child by providing
day-to-day care and financial support. In-laws are not
covered by this policy.
duty of Covered Service Member, including attending
certain military events, arranging or providing for
alternative child care or school, addressing certain
financial and legal arrangements, addressing issues
arising from short-term deployment, attending certain
counseling sessions, and attending post-deployment
legal spouse or a common law spouse.
injury, impairment, or physical or mental condition that
involves Inpatient Care (definition E above) or
Continuing Treatment by a Health Care Provider
(definition B above).
examinations to determine if a serious health condition
exists and evaluations of the condition. Treatment does
not include routine physical examinations, eye
examinations, dental examinations, over-the-counter
drugs, or bed rest.
of this policy, a Service Member is a Covered Service
Member as defined above.
|An employee is eligible for
FMLA leave if he or she has:
|1.||Been employed by the University or the State of Kansas
for 12 months, and
|2.||Worked at least 1,250 hours
during the 12 months prior to the start of FMLA leave.
|For purposes of this policy, full-time employment is considered to be 2,080 hours per year. An employee returning from fulfilling his or her National Guard or Reserve military obligation will be credited with the hours of work that would have been performed during the period of military service.|
|The FMLA allows eligible
employees to take leave for the following qualifying
events or circumstances:
|An employee may take family
leave for the following events or circumstances:
|Amount of Leave:
Employees taking family leave may take up to twelve (12)
weeks of family leave during a 12-month period.
Leave for birth, adoption of a child, or placement of a foster child must be taken in one single period and must be taken within one year of the birth or placement of the child. If both parents work for WSU and request leave for birth or placement of a child, care of that child in the first year, or care for a parent with a serious health condition, the 12-week leave period for both employees is combined. Parents do not each have 12 weeks of FMLA available for those situations.
|An employee may take leave
for his or her own diagnosed Serious Health Condition.
|Amount of Leave:
Employees taking medical leave for their own Serious
Health Condition may take up to twelve (12) weeks of
medical leave during a 12-month period.
|3.||Service Member Leave
Exigency - Employees with a spouse, son,
daughter, or parent who is on Covered Active Duty, or who
has been notified of an impending call or order to Covered
Active Duty, may use leave to address certain Qualifying
Exigencies relating to such covered active duty.
An employee whose family member is on active duty or called to active duty as a member of the Regular Armed Forces is not eligible to take leave because of Qualifying Exigencies.
Amount of Leave: An employee may take up to twelve (12) weeks of medical leave during a 12-month period.
Injury or Illness - Employees may also take leave
to care for a Covered Service Member who has a serious
injury or illness incurred in the line of duty that may
render the Service Member medically unfit to perform his
or her own duties and for which the Service Member is
undergoing medical treatment, recuperation, or therapy; or
is an outpatient status; or is on the temporary disability
In order to care for the Covered Service Member the employee must be the spouse, son, daughter, parent or Next of Kin of the Service Member
Amount of Leave: An employee may take up to twenty-six (26) weeks of leave per Service Member or per injury/illness during a 12-month period, beginning on the first day of leave.
||1.||Notice - When the need for leave is foreseeable, the
employee must notify the Office of Human Resources (OHR)
within 30 days of the anticipated date of leave. When the
need for leave is not foreseeable, the employee must
notify OHR as soon as practicable. An employee requesting
leave must provide enough information for the requested
leave so as to allow the University to determine whether
the leave qualifies under FMLA.
employee must provide to OHR complete and sufficient
medical or military documentation in support of a
request for FMLA leave. Failure to provide such
documentation may result in the denial or delay of FMLA.
The University may seek a second or third opinion of
medical documentation, and may also request reasonable
updates of supporting documentation. The employee may
also be required to provide documentation of the
familial relationship to support Service Member leave.
of eligibility - The University will notify the
employee in writing if the employee is eligible for
FMLA and, if so, whether the requested leave will be
counted as FMLA leave, or if it is determined that the
leave is not FMLA-protected. In certain circumstances
the University may designate an absence as FMLA even
if the employee did not request FMLA. The University
may not retroactively designate an absence as FMLA
unless the reasons for the absence were not known to
the University at the time leave began.
employee taking FMLA leave must comply with their
department's established call-in procedures appropriate
for the situation. When calling in, employees must also
inform their department if the requested leave or
absence is for a reason for which FMLA was previously
taken or certified.
|5.||An employee on leave for
his or her own medical condition must present a medical
release to return to work, including medical certification
that the employee is able to perform the essential
functions of the position. Failure to submit a sufficient
and complete release may delay the employee's return to
|6.||Employees are encouraged to
review their rights and responsibilities under the FMLA at
|B.||Paid versus Unpaid Leave
not provide for paid leave. However, employees may be
paid during a FMLA covered absence(s) in accordance with
applicable University policy and memorandums of
|2.||Employees eligible for FMLA will be required to use accumulated leave concurrently with FMLA. Leave benefits may be sick leave (and/or shared leave) and/or vacation leave. Sick leave (including that acquired under the shared leave policy), compensatory leave and vacation leave must all be exhausted before the employee will be placed on unpaid leave (leave without pay).|
||C.||Continuation of Insurance
Benefits During Unpaid Leave
the University will continue to pay the employer's share
of the employee's medical and dental insurance plan(s).
If the employee is responsible for a share of the
premium(s) through payroll deduction, the employee must
continue to pay his or her share during any unpaid
long-term disability and waiver of annuity
contribution benefit may be continued at employee
expense under the leave without pay rules. If leave is
due to an employee's illness, life insurance,
long-term disability and waiver of annuity
contribution benefit coverage may be continued through
the policy provisions. Contributions to KPERS and the
Board of Regents Mandatory Retirement Plan cannot
continue during a period of unpaid FMLA or other form
of unpaid leave.
||D.||Return to Employment After
end of FMLA leave, an employee must be restored to the
job he or she left or one with equivalent benefits, pay
and "other terms and conditions of employment."
contemplates that there may be situations when an
employee cannot return to employment during or after
leave. Termination of employment may occur, for
example, while an employee is on leave if there is a
layoff or reduction in force, or cause that would
otherwise support dismissal, if the employee's job
would have been lost if he or she was actively
working. Similarly, termination of employment may
occur if the employee is unable to perform one or more
of the essential functions of the position, with or
without reasonable accommodation, after the leave is
The Vice President for Administration and Finance shall have primary responsibility for publication, dissemination and implementation of this University policy.
August 1, 2009
November 4, 2010