University of Nevada - Las Vegas
FAMILY AND MEDICAL LEAVE ACT
Frequently Asked Questions
The federal Family and Medical Leave Act (FMLA) entitles eligible employees to take up to twelve (12)weeks of job protected leave from work for the following reasons:
- A serious health condition,
- A serious health condition of a parent, spouse or child,
- To care for a newborn or newly adopted or placed child.
Although FMLA is unpaid, employees must use accrued leave time for which they are eligible during time off under FMLA.
What are the eligibility requirements for FMLA?
Employees are eligible for FMLA if they have worked for UNLV for a total of twelve (12) months; and, have worked for at least 1,250 hours (average 24 hours per week) during the 12 months preceding the effective date of the leave.
What reasons qualify for Family and Medical Leave?
Eligible employees may take FMLA for the following reasons:
- the employee’s own serious health condition;
- the serious health condition of a spouse, child or parent; or
- the birth, adoption or placement of a child, if taken within twelve months of the birth or placement.
What reasons qualify for Family and Medical Leave?
- Any period of incapacity from a condition requiring inpatient care, including recovery from the condition. Examples include hospitalization and post surgery examinations.
- A condition requiring two (2) or more treatments by a health care provider, or an ongoing regimen of treatment. An example would be examinations to evaluate a condition plus a course of treatment such as antibiotics or physical therapy.
- Any period of incapacity due to pregnancy or pre-natal care. Examples include prenatal doctor visits, absences due to morning sickness and/or post partum recovery.
- Conditions that are chronic, long-term or require multiple treatments. These conditions may require a period for treatment for a condition that may cause episodic incapacity such as asthma or diabetes. These conditions may also include incapacity due to a condition considered not curable but requires medical supervision such as a terminal illness or multiple sclerosis. These conditions may also include absences to receive treatment for a chronic condition such as kidney dialysis.
- Incapacity is defined as the inability to work, attend school or perform other regular daily activities.
NOTE: The employer may request certification from a medical provider to substantiate the medical condition.
How do I request Family and Medical Leave?
The request should be made at least 30 days in advance of the date the leave would begin. When advance notice is not possible due to unforeseen or emergency situations, an employee should request leave as soon as the employee is aware of the need for time away from work.
Do I have to take all 12 weeks off consecutively?
No. FMLA may be taken all at once, intermittently or on a reduced leave schedule (working less than the usual number of hours in a week) if medically necessary. An intermittent or reduced schedule to care for a new child should be coordinated with the manager of the employee and Human Resources.
Do I need to provide Health Care Provider Certification?
Yes. Employees may need to provide medical certification supporting the need for leave due to a serious health condition affecting either the employee or a family member. If requested, employees must obtain a Family and Medical Leave Certification of Health Care Provider Statement and return it to the UNLV Benefits Office within 15 days. Failure to do so may delay approval of the leave. Employees may be asked to provide periodic updates and UNLV may require a second medical opinion.
If I have enough accrued leave to cover my absence from work, why should I seek FMLA?
FMLA is a protected leave which means that your job must be held for you during the approved period of your absence. In addition, your job responsibilities, pay status, and/or working hours may not be changed upon your return to active status.
Can I use my accrued leave time under FMLA and continue to receive pay despite the fact that FMLA is considered an unpaid absence?
Yes, employees may use accrued sick leave when on FMLA. When and if accrued sick leave is exhausted, the employee may use accrued annual leave. In the event that all accrued leave is exhausted during the absence, the remaining FMLA leave will be designated as leave without pay.
What happens to my medical benefits during an extended absence due to FMLA?
Medical benefits will continue while on approved FMLA. Employees are responsible for the employee portion of the health insurance premiums which will be deducted during paid status. Arrangements to cover premiums during unpaid status can be made by contacting the UNLV Benefits Office at 895-3504.
How do I return to work when my FMLA has concluded?
An employee may be required to provide certification from a health care provider indicating fitness to return to work. Employees should contact the Benefits Office and their manager as soon as possible to arrange for return to work. In some cases, at least two days advance notice may be required prior to return to active status.
What forms do I need to complete for FMLA?
Employees need to complete a Request for FMLA Leave [.pdf] [.doc] and a form entitled Certification of Health Care Provider [.pdf] [.doc]. These forms may be downloaded from the HR website here. You may also obtain FMLA applications and information at the UNLV Human Resources Office.
For more detailed information about FMLA visit the Department of Labor website at www.dol.gov
