The University of Texas Health Science Center at Houston (“the university”) provides leave under the Family Medical Leave Act (FMLA) for eligible employees. The amount of leave to which a less than full-time employee is entitled is determined on a pro rata or proportional basis.
A. Eligibility: Employees are eligible if they have worked for the State of Texas at least 12 months and worked at least 1,250 hours during the 12-month period immediately preceding the leave. Family and medical leave may be granted for one or more of the following reasons:
Employees who are not eligible for leave under this policy may refer to HOOP Policy 2.40D Parental Leave for leave eligibility for the birth of a child or the adoption or placement of a child.
B. Reinstatement: An employee returning to work following an FMLA leave will be able to return to the same job or an equivalent position. Any benefits, seniority, etc. in place immediately before the leave will be reinstated provided the employee returns to work the first day following the end date of the FMLA leave.
C. Requirement of Using Sick/Vacation Leave: Employees are required to use all accumulated sick and vacation leave, if applicable, when taking leave under the FMLA. All leave taken for an FMLA-qualifying reason, paid or unpaid, will count against the employee's 12-week FMLA entitlement. When paid leave has been exhausted, any balance of the employee's 12-week FMLA leave will be unpaid. Employees are entitled only to a combined total of 12 weeks of leave for any FMLA-qualifying reason, whether paid or unpaid. Holidays are included in the count toward the 12-week FMLA entitlement. Note: As an exception to this requirement, employees on FMLA leave who are receiving temporary disability benefit payments or workers' compensation benefits are not required to use paid sick or vacation leave while on FMLA.
D. Rights of Employees: Employees who request or take leave under the FMLA must not be discharged or discriminated against. The university may not discriminate against an individual for having filed charges, instituted any proceeding under or related to the FMLA, or given information in connection with an inquiry or proceeding regarding the FMLA.
DEFINITIONS
Spouse/dependent: For the purposes of the FMLA, "spouse" is defined in accordance with the applicable state law including common law marriages. Unmarried domestic partners do not qualify for FMLA leave. Son or daughter is defined under the FMLA to include a child under 18 years or one who is 18 years or older who is incapable of self-care because of a mental or physical disability. The university may request certification of family relationship. The certification may take the form of a statement from the employee or documentation such as a birth certificate or court document.
Serious health condition: Those conditions that affect one's health to the extent in-patient care is required or continuing treatment by a provider of health care is necessary on a recurring basis for more than a few days for treatment or recovery. The FMLA is not intended to cover short-term conditions for which treatment and recovery are brief. Examples of serious health conditions include heart attacks, heart conditions, most cancers, back conditions requiring extensive therapy or surgical procedures, strokes, respiratory conditions, appendicitis, pneumonia, emphysema, severe nervous disorders, injuries caused by serious accidents on or off the job, pregnancy, severe morning sickness, need for prenatal care, childbirth, and recovery from childbirth. A serious health condition includes treatment for a serious chronic condition that, if left untreated, would likely result in an absence of work for more than three days.
Substance abuse: Treatment of substance abuse may be included under the FMLA so that an employee can undergo treatment by a health care provider. However, absences because of an employee's use of a substance without treatment does not qualify for FMLA leave. By including substance abuse, the university is not prevented from taking any employment action against an employee who is unable to perform the essential functions of the job provided the university complies with the Americans with Disabilities Act of 1990 (ADA) and does not take action against the employee because such employee exercises his rights under the FMLA.
Parental leave: An employee's entitlement to leave for the birth or placement of a child expires 12 months after the birth or placement. If both parents work for the university, regardless of whether they work at different work sites, the total amount of combined leave cannot exceed 12 weeks. This limitation applies only for those cases involving the birth or placement of a child. In cases involving sickness, this limitation does not apply.
Intermittent leave: FMLA taken due to the serious health condition of the employee or a member of the employee's family may be taken intermittently or on a reduced leave schedule. There is no minimum limitation on the number of hours of intermittent leave that may be taken (i.e., the leave may be taken in increments of 2 hours, 4 hours) provided proper notice has been given if the need for the leave is foreseeable.
Employees with questions regarding the use or administration of FMLA leave should contact the Human Resources – Employee Relations department. Forms and Frequently Asked Questions can be found on the Human Resources-Employee Relations department website.
A rolling calendar is used to determine the amount of leave available. A rolling calendar is twelve months measured backward from the date an employee uses any FMLA leave.
1. Supervisors should determine if the employee is eligible for leave and inform the employee of the determination.
2. If the employee provides a completed Request for FMLA form and the Certification of Physician or Practitioner form (Certification Form), the supervisor must give the employee the appropriate FMLA letter placing the employee on FMLA.
3. If the employee does not provide the completed forms, the supervisor must provide the employee with the forms and the appropriate letter, placing the employee on FMLA pending receipt of the Certification Form.
4. If an employee fails to return the Certification Form by the deadline, the department must send a notice to the employee that he/she has forfeited FLMA protection within two business days of receiving the request.
5. If a department fails to advise an employee that he/she is ineligible for FMLA leave before the requested leave is to begin, the employee will be deemed eligible for FMLA leave. The department may not then assert the employee's ineligibility as a basis for denying the leave, and the employee will be protected under the FMLA. When an employee is unable to provide foreseeable notice of the leave, he/she will be deemed eligible if the department fails to notify the employee of ineligibility within two working days of receiving notice of the need for leave.
6. If the attending health care provider denies an employee FMLA certification, the supervisor has two business days from receipt of the denial to notify the employee. Failure to provide timely notification will provide the employee with FMLA protection.
7. If an employee requests intermittent leave, the university may transfer the employee temporarily to an alternative position with equivalent pay and benefits if the employee is qualified for the position, and if it better accommodates the recurring periods of leave more so than the employee's current job.
D. Returning to Work: The employee must have their health care provider complete the Certification of Fitness for Duty form and provide the completed form to their supervisor.
1. While the employee is on unpaid FMLA leave, the university will continue to pay its share of any medical/dental insurance premium. The employee is required to pay his/her share of the premiums in the same manner required when working. If the employee fails to pay a timely health plan premium, the university will cease to maintain the health coverage. If the university discontinues health coverage as a result of non-payment of premiums, the employee's group health benefits must be restored to at least the same level and terms as were provided when leave commenced.
2. If an employee fails to return to work after a period of unpaid FMLA leave, and the university has paid for maintaining health coverage, the university is entitled to recover the premiums paid unless the reason the employee does not return to work is due to (1) continuation of a serious health condition that would entitle the employee to FMLA leave, or (2) other circumstances beyond the control of the employee. An employee is considered to have returned to work after he or she has worked for a period of 30 calendar days.
1. Departments must keep copies of all notices and correspondence provided by employees requesting leave and of all notices and correspondence provided to employees regarding the FMLA leave.
2. All leave taken by employees under this policy must be designated in time keeping records as FMLA leave (full days and time less than full days).
3. FMLA records of employees who transfer to another department at the university within 12 months of FMLA use will be forwarded to the new department.
Records and documents relating to medical certifications, recertification, and medical histories of the employee or employee's family members should be maintained in separate files and treated as confidential medical records. These records do not go into the employee's personnel file. The medical information may be released only:
Benefits such as the sick leave pool (See HOOP Policy 2.53 Sick Leave Pool) and extended disability leave may be used in conjunction with and count toward the 12 weeks of FMLA leave.
Updated 05/07; 08/07; 11/07; 02/08