Family And Medical Leave Act (FMLA) / Rhode Island Parental And Family Medical Leave Act (RIPFML)
Human Resources Policy: 20.043Federal and state law entitles eligible employees to unpaid leave due to:
- Personal illness or disability;
- Childbirth and/or care of the employee's newborn;
- Placement and/or care of a newly adopted or foster child; or,
- Care of a spouse, same-sex domestic partner*, child or parent with a serious health condition.
*Not specified by law; included by the University.
If an employee is entitled to a leave benefit under both federal (FMLA) and state laws, the leave periods will be served concurrently.
This policy explains employees' leave rights in general terms. For additional information, refer to HR Policy # 30.024, Short-Term Leaves of Absence policy or contact the Benefits Office.
Eligibility
To be eligible, the employee must have been employed for 12 months and worked at least 1,250 hours during the 12-month period immediately preceding the leave.
Leave Duration
Federal and state law provide for up to 12 weeks of leave during a 12-month period (FMLA) or 13 weeks of leave during a 24-month period (RIPFML).
Intermittent Leave
Under certain circumstances when the leave is for a serious health condition, employees may take the leave in smaller increments (i.e., intermittently). Employees must first make every effort to minimize disruption of their department's business needs, such as arranging for medical treatment outside of their regular work schedule. If this is not practicable, employees may take time off in increments of as little as one hour, to attend to these medical requirements.
Intermittent leave is not available under RIPFML.
Notice Requirements
Employees who wish to take FMLA or RIPFML must notify their supervisor of their intent, and should submit a completed Leave of Absence Form. When employees' needs for leave are foreseeable, they must give notice of intent to take leave at least 30 days in advance.† In the event that 30 days notice is impossible because of medical emergency, as much notice as is reasonably possible should be given. If an employee fails to provide notice of the leave as required, the University may delay the leave.† The University may designate that an employee's leave is covered by the FMLA or RIPFML.
Medical Certification
When employees request leave because of their own or a family member's serious health condition, they must provide certification from a qualified health care provider stating the reason for the leave. Employees will receive further information about certification requirements when leave is requested. A serious health condition is generally defined as a condition requiring inpatient care or repeated treatment by a health care provider.
Benefits and Pay during Leave
Please refer to Human Resources Policy # 30.024, Short-Term Leaves of Absence) regarding benefits eligibility during leaves. Eligible employees may, at their option, receive pay while taking leave by using accrued vacation or sick time. Employees must comply with the requirements of the vacation and sick time policies. (See Vacation Time #30.021 , and Sick Time #30.022 policies.)
Return to Work and Reinstatement Rights
When employees request leave they will be asked about when they intend to return to work. Employees must inform the Benefits Office and their department, as far in advance as possible, if their intended return date changes. It is also the employee's responsibility to report in periodically regarding their status and/or any change in their status (e.g., a change in their return to work date).†
Ordinarily, when employees return they will be reinstated to their position or to an equivalent position in terms of pay, benefits and working conditions, including the same or substantially the same duties and responsibilities.
The employee must provide a return to work authorization from a health care provider before returning to work. If the employee does not provide the department or the Benefits Office medical clearance they may not perform work and should not return to the workplace until obtaining such document.
Intent to Comply With Applicable Law
The University intends to fully comply with applicable law in the administration of these leave provisions. In view of the complexity and detail in the various statutes, it is impractical to express the entire body of relevant information in policy documents. In situations where this policy does not contain a specific obligation or right, the University will follow applicable state or federal requirements.