Medical Absence

Medical Absence

FMLA

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees entitlement to up to 12 work weeks during a consecutive 12 month period for the birth of the employee's child, the placement with the employee of a child for adoption or foster care, a qualifying serious health condition of the employee, or a serious health condition of the employee's child, spouse or parent. It also provides for military qualifying exigencies and care for injured or ill service members. The employee is required to use all accrued paid leave toward the FMLA entitlement before being authorized leave without pay. Family members are limited to the employee, spouse, children and the employee's parents.

Eligibility starts after 12 months of employment with Fort Hays State University and the employee has worked at least 1250 hours in the 12 months immediately preceding the date FMLA leave begins.

Shared Leave

Qualifying employees may receive donations of leave when they experience a serious, extreme or life threatening illness or injury, either personally or by a family member. The definition of "family member" includes persons related by blood, marriage, adoption or court placement of minors. Such shared leave eligibility begins after 6 months of continuous service. The employee must use all accumulated leave, including vacation, sick leave and compensatory time earned, before requesting donations.

The requesting employee must have satisfactory attendance and performance records. An employee receiving Workers' Compensation is not eligible for shared leave.

Shared leave is designed to cover the duration of the illness or injury for which it was initially granted, up to a maximum of six months from the date the employee began using the shared leave. The shared leave cannot be transferred to any employee other than the employee for whom it was donated.

Paid Parental Leave

Employees who meet benefits eligibility requirements, as defined by the employing university, and who have been employed for twelve months with the state shall be eligible to receive paid parental leave following a qualifying event (e.g., birth or placement of a child for adoption (up to 6 years of age), or placement of a foster child(ren) at any age, occurring after the effective date of this policy. Each state university may establish implementing policies, including definitions, and may require otherwise-eligible employees to provide relevant information and notice of their intent to use the leave in order for the employees to be eligible.

Each parent designated as the primary caregiver for purposes of this policy shall receive up to eight weeks of paid parental leave, and each parent who is designated as the secondary caregiver for purposes of this policy shall receive up to four weeks of paid parental leave. For part-time employees, the leave shall be pro-rated to their part-time appointment for the applicable time period. The fact that a multiple birth, adoption, or placement occurs (e.g., the birth, adoption, or placement of twins) does not increase the length of paid parental leave for that event.

1. If both parents are employees and eligible for paid parental leave, one employee must be designated the primary caregiver and one employee must be designated the secondary caregiver.
2. In such instances, the paid parental leave may be taken concurrently, consecutively, 30 days in advance for FMLA qualifying events, or at different times within the 12-week period immediately following the qualifying event.

Paid parental leave under this policy shall be at 100% of the eligible employee’s regular rate of pay and, while using paid parental leave, employees continue to accrue vacation and sick leave, as well as all other regular benefits in accordance with applicable rules, regulations, Board policy and statutes.

1. Academic year appointments. Paid parental leave only applies during periods when the employee is in paid status. Employees on academic year or less than 12-month appointments may not request or receive paid parental leave for periods when not in a paid status.
2. Holidays. Official and observed holidays do not count against paid parental leave. Employees utilizing paid parental leave on an official or observed holiday shall receive holiday credit. Employees may be permitted to take leave of other types (i.e., sick leave and vacation leave) in addition to the eight or four weeks of paid parental leave, in accordance with other applicable Board and university policies.
3. Timing. Paid parental leave must be taken within the 12 weeks immediately following the date of birth or date of placement for adoption of a child. For employees who assume placement of a foster child(ren), the ability to use paid parental leave will be limited each calendar year to a total of eight weeks for the primary caregiver and four weeks for the secondary caregiver.  Such leave can be used for a single placement or for multiple placements.  Each state university may determine whether employees will be permitted to take this leave intermittently or in a solid block of time within that 12 weeks. Any paid parental leave shall run concurrently with leave permitted under the Family Medical Leave Act (FMLA), if applicable.

Paid parental leave under this policy is not transferrable and cannot be donated through a shared leave program or in any other way. Any amount of paid parental leave not utilized by the eligible employee in the 12-week period shall be forfeited.

Nothing in this policy shall be construed as prohibiting a state university from providing additional leave beyond that permitted under this policy, to the extent allowed by applicable rule, regulation, Board policy or statute, or from reassigning an eligible employee’s duties while the employee is on paid parental leave.