Family and Medical Leave Act

Under the Family and Medical Leave Act (FMLA) eligible employees are entitled up to 12 weeks of leave (employees must use any vacation and sick leave that they have available, then any time remaining of the 12 weeks will be unpaid leave) for the following reasons:

for the birth of a child, or placement of a child for adoption or foster care
to care for an immediate family member, that is, a spouse, child, or parent, who has a serious health condition; or
for a serious health condition that makes the employee unable to perform any of one (or more) of his or her essential job duties.

An employee's healthcare benefits may be continued during leave and the employee will be reinstated to his or her former position or an equivalent position at the end of the leave. Contact the Benefits Office at 913-588-5087 for more information or for clarification on FMLA policies and procedures.

Eligibility

An employee is eligible for leave if they have been employed:

for at least 12 non-consecutive months by a covered employer
for at least 1,250 hours of service during the 12 month period before leave is requested; and
at a worksite with at least 50 or more employees who work within 75 surface miles of their assigned worksite.

Process

Employees should notify their supervisors when family medical leave is anticipated. The employee may be asked to provide medical certification. Supervisors will provide employees with guidance for any additional requirements. See Forms below.

Definitions

Parent: a parent may be a biological or adoptive parent. An individual who has day-to-day responsibilities to care for and financially support a child is also considered a parent. For example, a grandmother who raised her grandson would be considered a parent under the FMLA, even if she has no formal guardianship or similar papers. A parent-in-law is not a parent.

Spouse: a spouse is a husband or wife recognized under state law for purposes of marriage in the state in which the employee resides. An unmarried domestic partner is not a spouse.

Child: a child is a biological, adopted, or foster child, a stepchild, a legal ward, or child of a person who has day-to-day responsibilities to care for and financially support a child under the age of 18, or over the age of 18 who is incapable of self-care because of a physical or mental disability.

Serious Health Condition: a serious health condition is: 1) an illness, injury, impairment, or physical or mental condition that requires care in a health care facility (that is, an overnight stay); OR 2) continuous treatment by a health-care provider, such as one of the following: 1) a period of incapacity of more than three consecutive calendar days of absence from work and any subsequent treatment of that incapacity by a health-care provider; 2) continuing treatment or supervision by a health-care provider for a chronic serious health condition; or 3) any period of incapacity due to pregnancy, or for prenatal care.

Continuing Treatment: continuing treatment requires two or more treatments by a health-care provider, or continuing supervision by a health-care provider of a long-term condition.

Medical Certification: Medical certification may include the following information: 1) an explanation of the part of the definition of "serious health condition" that applies to the patient's condition and the medical facts supporting the certification; 2) date of onset and probable duration, including duration of incapacity; 3) whether an intermittent or reduced leave schedule will be necessary, and the duration of such schedule; 4) in the case of an employee's own serious health condition, the health-care provider's statement of the employee's inability to perform his or her essential job functions; and 5) in the case of leave to care for a family member with a serious health condition, a statement by the health-care provider of the care the patient needs, a statement by the employee of the care the employee will provide, and a time estimate of the period of care.

Forms

Employee Request Form
If the time off is three (3) days or less and not due to a chronic condition, the employee may complete the Employee Request Form. Forward the completed form to your supervisor/department.

Certification of Healthcare Provider
The employee is to submit a completed Certification of Healthcare Provider form when required by KUMC. Forward the completed form to your supervisor/department.

Department Checklist
The department is to complete the FMLA Department Checklist form for each FMLA-qualifying leave of more than three days or each FMLA-qualifying leave due to a chronic condition. Forward the completed form to the Benefits Office at 1044 Delp.

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