This PS outlines the University of Houston-Downtown (UHD) family and medical leave benefits and the procedures for requesting and handling such leave requests in accordance with the Family and Medical Leave Act (FMLA).

2.1 For purposes of this policy, an "eligible employee" is defined as one who:

2.1.1 Has at least 12 calendar months of service with the State of Texas prior to the date of leave; and

2.1.2 Has worked at least 1,250 hours for the State of Texas in the 12 months immediately preceding commencement of the leave. Full-time faculty and exempt staff are presumed to have worked 1,250 hours.

2.2 "Child" means a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is under 18 years of age; or 18 years of age or older and incapable of self-care because of mental or physical disability.

2.2.1 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 relationship or legal relationship is not necessary.

2.2.2 "Incapable of self-care" means the individual requires active assistance or supervision to provide daily self-care in three of 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 a telephone and directories, using a post office, etc.

2.3 "Parent" means 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 child. Parent does not include a parent-in-law

2.5 "Serious health condition" means an illness, injury, impairment, or physical or mental that involves the following:

2.5.1 Inpatient care in a hospital, hospice, or residential medical care facility; or and continuing treatment by a health care provider; or

2.5.2 Any period of incapacity requiring absence from work, school, or other regular daily activities of more than three calendar days, that also involves continuing treatment by a health care provider; or

2.5.3 Continuing treatment by or under the orders of a health care provider for a chronic or long-term health condition which include but is not limited to any period of incapacity due to pregnancy or prenatal care; any period of incapacity due to a chronic serious health condition; or any period of incapacity that is permanent or long-term for which treatment may not be effective.

2.6 "Serious health condition" requires a health provider to certify that the employee:

2.6.1 Is needed to care for a family member, in the case of leave requested to care for a family member; or

2.7 "Health care provider" means

2.7.1 A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State in which the doctor practices; or

2.8 "Chronic Health Condition" means one that meets all the following requirements:

2.8.3 May cause episodic rather than continuing incapacity (e.g., asthma, diabetes, epilepsy).

3. POLICY/PROCEDURES

3.1 Family and medical leave is provided to eligible employees for any of the following qualifying events or conditions:

3.3 An eligible employee must use all applicable accrued paid leave balances, including sick leave and vacation leave, before taking unpaid FMLA leave, unless the employee is receiving temporary disability benefit payments or workers’ compensation benefits. The amount of FMLA leave granted is not dependent on the amount of accrued paid leave. The use of accrued sick leave is restricted to those circumstances that would otherwise qualify the employee for sick leave usage under state law and University of Houston System and UHD policy. See AM 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. See AM 02.B.02, Overtime and Compensatory Time. Any compensatory time taken may not be counted against the employee’s family and medical leave entitlement.

3.4 Any sick leave of more than three consecutive days or intermittent leave of any duration for qualifying serious conditions must be counted as family and medical leave. When there is any question about whether a condition qualifies for family and medical leave, the employing department should contact Human Resources. If it is determined that this leave qualifies as family and medical leave, the procedures for applying for and reporting family and medical leave must be followed.

3.5 If both spouses are employed by any of the University of Houston System components, they are entitled together to a total of twelve weeks of family and medical leave between them during the year (rather than twelve weeks each) for the birth or placement of a child, or to care for a sick parent or child. A jointly filed request form (at both components, if necessary) is required from spouses who are both requesting leave for the same qualifying event or condition under 3.1 above. Spouses who are eligible employees are entitled to 12 weeks each total for other qualifying events or conditions.

3.6 Leave for the birth or placement of a child must take place within twelve months after the event. Leave may begin prior to the birth or adoption, as circumstances dictate. Leave for birth or placement of a child is available equally to both sexes.

3.7 An intermittent or reduced leave schedule may be requested as follows:

3.7.2 For intermittent leave or reduced leave schedule, there must be a doctor’s certification of the medical need for the leave, and the certification must state that such medical need can be best accommodated through an intermittent or reduced leave schedule.

3.7.3 Employees requesting intermittent leave or reduced leave schedule must attempt to schedule their leave so as not to disrupt the University's operations.

3.7.4 If intermittent leave or reduced leave schedule is requested, the University may require the employee to transfer temporarily to an alternative position that better accommodates recurring periods of absence or a part-time schedule, provided the position has equivalent benefits and an equivalent pay rate for the hours worked. However, a reduction in hours may not result in a reduction in FTE.

3.8 Requests for family and medical leave shall be made in accordance with the following guidelines:

3.8.1 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, employees must provide reasonable prior notice to their supervisor (at least 30 days), and make efforts to schedule the leave to minimize disruption of the University's operations.

3.8.2 In cases of sudden illness or other unforeseeable need for leave, employees are required to complete a leave request as soon as possible, and to report periodically during the leave (at least once per week), if possible, or have a representative report for them to the appropriate supervisor on their leave status and intention to return to work.

3.9 A Request for Family and Medical Leave, available in Human Resources, shall be completed by the employee and forwarded through the proper channels accompanied by all required documentation.

3.9.1 It is the employee’s responsibility to complete and sign the form and return it to the appropriate supervisor as soon as possible (at least 30 days in advance of the leave if the leave is not based on an emergency).

3.9.2 It is the supervisor’s responsibility to forward the completed form to the Human Resources Department. The form should be submitted to the Human Resources Department at least one month before any planned scheduled leave, or within three days of receipt for unscheduled leave.

3.10 To request leave based on a serious health condition, the employee must provide with the request form or as soon as possible thereafter, a copy of the Physician Certification for Family and Medical Leave, available in Human Resources, completed by the health care provider certifying the following:

3.10.1 That the employee is unable to perform the functions of his or her position, if the request is based on the serious health condition of the employee; or

3.10.3 That the employee or the employee’s spouse is expecting the birth of a child on a certain date.

3.11.1 The date on which the condition commenced;

3.11.3 The appropriate medical facts regarding the condition;

3.12 To request intermittent leave or reduced leave schedule, the employee must provide the following additional information from the health care provider:

(a) A statement of medical necessity for the employee’s intermittent leave or reduced leave schedule,

(c) A listing of the dates of the employee’s planned medical treatment and the duration of the treatment.

(a) A statement attesting to the necessity of intermittent leave or reduced leave for the employee to provide care or to assist in the person’s recovery; and

3.13 The supervisor may request recertification from the employee’s health care provider every 30 days during the approved leave, and

3.13.3 When the supervisor receives information that casts doubt upon the continuing validity of the certification

3.15 Employees on FMLA leave qualify for the following:

3.15.1 Continued group insurance coverage by arranging to pay their portion of the premium contributions during the period of unpaid leave;

3.15.3 No loss of employment benefits accrued prior to the leave, unless a benefit is used by the employee during the leave, such as accrued paid leave;

3.15.5 Calculation of benefit entitlements based upon length of service as of the last paid work day prior to the start of the unpaid leave of absence. Any full calendar month (i.e., from the first day of a month through the last day of the month, inclusive) in which an employee is on family and medical leave without pay, shall not be counted in the calculation of total state service for the purposes of longevity pay or vacation leave entitlements. No employee shall accrue vacation or sick leave for such month. Any full calendar month of unpaid family and medical leave shall not constitute a break in the continuity of employment but shall not be included in the calculation of the minimum of continuous months of employment.

3.15.6 If family and medical leave is unpaid, the Human Resources Department must notify ERS of a change in employment status in accordance with ERS’s procedures.

3.15.7 In the event of an on-the-job injury or illness, the Human Resources Department and the Risk Manager shall communicate with each other, providing pertinent leave data, such as start and end dates.

3.16 Employees taking leave for a purpose approved by this policy will be entitled upon return from such leave to be restored to the same position of employment as held when the leave began, or to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees offered an equivalent position who choose to decline the position waive any rights to reinstatement. An employee who believes that a position offered is not an equivalent position is entitled, on that basis, to file a grievance under the appropriate grievance procedures.

3.17.1 If the employee on leave is a salaried employee and is among the highest paid ten percent of the University of Houston System’s employees and restoring employment of the employee would result in substantial economic injury to the University. In this situation, the employee will be notified that he/she may be ineligible for reinstatement as soon as possible after requesting the leave.

3.17.2 If the employee’s position is scheduled for elimination as part of an approved reduction in force (RIF) plan.

3.17.3. 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 the misconduct.

3.17.4 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.

3.18 Employees who have been on approved leave based on the employee’s serious health condition for more than three days will be required to present to the supervisor upon return to work a doctor’s release certifying fitness to return to work. "Light duty" is not available in most positions.