The Family and Medical Leave Act of 1993 provides for up to twelve (12) weeks of unpaid leave during a one year period for certain qualifying events. The one year period will be defined as twelve months from the date the employee last began an approved Family and Medical Leave (FML).
To be eligible for FML, an employee must have worked for at least one year and 1,250 hours during the previous twelve (12) months. Employees may apply for FML by completing an Application for Family Medical Leave form, and if the request is due to illness, a physician must complete a Certification of Physician or Practitioner form. These are available online and in Human Resources. Qualifying circumstances are employee's serious illness; serious illness of employee's spouse, child, or parent; birth, adoption, or placement of a foster child. If both spouses are employed by JSU, both may take 12 weeks leave for the same qualifying event, e.g., birth of a child.
If the event is foreseeable, the request for leave must be made thirty (30) days prior to the event. If the event is not foreseeable, the leave must be requested as soon as possible after the qualifying event. When leave has been approved, the University may request periodic re-documentation of the need to continue leave. If the FML was for an employee's illness, JSU may require that the employee provide a physician's certificate stating that the employee is eligible to return to work.
All compensatory time and annual leave balances must be applied to FML. (Leave slips are to be processed in the usual manner.) The employee is responsible for making timely payments of their portion of health, life, and disability insurance premiums after all compensatory and annual leave balances have expired and for making arrangements to handle personal payments normally made by payroll deduction. If the leave is for employee illness or illness of a family member covered by the sick leave policy, an employee may also choose to take sick leave during FML.
If approved for FML, health insurance benefits will continue during the approved period as they are normally paid. However, if an employee chooses not to return to employment at JSU at the end of the approved period, the employee will be required to repay health premiums to JSU for the entire period of unpaid FML.
Employees returning from Family Medical Leave must report through Human Resources to the supervisor. Overstaying a leave without previous authorization constitutes an automatic resignation and subsequent loss of benefits. Upon return from leave, the employee will be returned to the same or equivalent position with equivalent pay, benefits, and other employment terms.