Family and Medical Leave and National Defense Authorization Act

This policy provides information for employees who are absent from work for an extended period of time for specified medical, family, and military related reasons. Included are qualifying events, definitions, and specific guidelines and instructions for requesting such leave.

Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department.

Family and Medical Leave Act:

Family and Medical Leave: As defined by federal law, it is leave granted to eligible employees because of childbirth or placement of a child through adoption or foster care; due to the serious health condition of a child, spouse or parent; or, in the case of an employee’s own serious health condition.

Serious Health Condition: As defined by federal law as an illness, injury, impairment, or physical or mental condition that involves either inpatient care in a hospital, hospice or residential medical care facility; or continuing treatment by a health care provider for an illness lasting more than three calendar days.

Rolling Period: The 12-month period for this policy is defined as a “rolling 12-month period” which is measured backward from the date an employees uses Family and Medical Leave.

National Defense Authorization Act:

Military Family Leave Protection: As defined by federal law, it is leave granted to eligible employees because of a spouse, son, daughter, and/or parent of the employee is on or has been called to active duty in the Armed Forces in support of a “contingency operation” or who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.

Serious Injury or Illness: As defined as injury or illness incurred by the member (Armed Forces, National Guard, or Reserves) in the line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.

Active Duty: As defined as duty under a call or order to active duty under a provision of law in the active military service of the United States. It also includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.

Contingency Operation: means a military operation designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against opposing military force or results in the call or order to, or retention on, active duty members of the uniformed services of this title, or any other provision of law during a war or during a national emergency declared by the President or Congress.

Covered Service Member: means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.

Next of Kin: is used with respect to a covered servicemember’s nearest blood relative, other than the covered servicemember’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver under FMLA, in which case the designated individual shall be deemed to be the covered servicemember’s next of kin.

1. a military medical treatment facility as an outpatient; or
2. a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

Types of Leave:

Personal Leave: is defined by state law as leave for vacations and personal business, for the first day of an employee’s illness, or an illness in the employee’s immediate family.

Major Medical Leave: is defined by state law as leave for the illness or injury of an employee or member of the employee’s immediate family, only after the employee has used one (1) day of personal leave for an absence due to illness, or leave without pay if the employee has no accrued personal leave. Faculty members employed on a nine-month basis may use major medical leave for the first day of absence due to illness. Major medical leave may be used, without prior use of additional personal leave, to cover regularly scheduled visits to a doctor’s office or a hospital for the continuing treatment of a chronic disease, as certified in advance by a physician.

Unpaid Leave of Absence: is a period of leave during which an employee receives no compensation from the University. An unpaid leave of absence may not be extended beyond six (6) months.

All regular full-time (50% time or greater) employees of Delta State University are entitled to family and medical leave. Employees who work 50% time or greater but less than 100% time are entitled to leave on a pro-rata basis.

The University provides leave benefits as mandated by the Family and Medical Leave Act of 1993, as amended (FMLA) and the National Authorization Defense Act (H.R. 4986), as amended (H.R. 2647).

Family and Medical Leave Act of 1993, as amended (FMLA)

• Birth of a child
• Placement of a child with the employee for adoption or foster care
• To care for a spouse, child, or parent with a serious health condition
• Due to an employee’s own serious health condition that makes the employee unable to perform one or more of the essential functions of his/her job.

Family and medical leave of up to twelve (12) weeks duration during the 12 month rolling period will be granted upon proper request following the childbirth or placement of a child through adoption or foster care; due to the serious health condition of a child, spouse, or parent; or, in the case of the employee’s own serious health condition. Family and medical leave will be granted according to the following:

1. Leave requests due to childbirth or placement of a child through adoption or foster care will only be honored within twelve months (12) of the birth or placement. Employees shall not be required to be away from work for any minimum period of time prior to or following childbirth. Employees may return to their former position or to an equivalent position in the department from which they were granted leave.  If employee’s supervisor have reason to question the employee’s ability to perform their regular duties, the supervisor may require a physician statement certifying their ability to continue or return to their regular duties.
2. During the rolling year period, an eligible employee shall be entitled to a combined total of twelve (12) weeks of leave under FMLA. This is not to be construed to limit the availability of leave under FMLA during any other rolling year. Delta State University will utilize accrued personal and major medical leave, as applicable, for any part of the twelve (12) week leave period. If accrued leave is not sufficient to cover the entire period of leave requested or if the employee chooses to take unpaid leave, an unpaid leave of absence will be granted for the remainder of the twelve (12) week leave period.
3. Leave due to childbirth or placement of a child through adoption or foster care may be extended beyond twelve (12) weeks by the employee’s department head, if it is the intention of the employee to return to University employment at the expiration of the extended leave. The employee may utilize accrued personal or major medical leave, as applicable, or an unpaid leave of absence during the extended leave; however, an unpaid leave of absence may not be extended beyond one year.
4. The University will continue to pay the employee only contribution to the State & School Employees’ Health Insurance Plan for up to twelve (12) weeks, whether the leave is paid or unpaid. If additional paid or unpaid leave is granted, the employee must contact the Human Resources Department to determine the effect upon continued health care coverage.
5. Employees may request and be granted intermittent leave or a reduced work schedule for the birth or placement of a child. If an employee request intermittent leave, or leave on a reduced leave schedule, that is foreseeable based on a planned medical treatment, the employer may transfer the employee temporarily to an available alternative position for which the employee is qualified and that has equivalent pay and benefits and better accommodates recurring periods of leave than the regular employment position of the employee.
6. When requested, employees must be granted intermittent leave or a reduced work schedule when medically necessary.
7. Major medical leave for the illness or injury of an employee or the employee’s family member may be extended beyond the initial twelve (12) weeks provided by this policy if the employee has accrued major medical and personal leave. While an employee may also be granted an unpaid leave of absence, it may not be extended beyond one year.
8. Employees taking leave are guaranteed the right to return to their previous or an equivalent position with no loss of benefits at the end of the leave.

At the time accrued paid leave is exhausted and an unpaid leave of absence begins, the employee must make arrangements with the Human Resources Department for continuation of benefits coverage, including health, life, dental, and other applicable insurances. Service time in the Public Employees’ Retirement System of Mississippi or the Optional Retirement Plan is not earned for any period of unpaid leave of absence. Also, personal and major medical leave days are not earned during the unpaid portion of a leave of absence.

An employee who fails to return to University employment at the end of an approved leave of absence will be liable to reimburse the University for Health Insurance Plan insurance premiums paid for the employee during the unpaid leave of absence, unless the failure to return is due to the continuation, recurrence, or onset of a serious health condition, or something beyond the employee’s control. Medical certification is required to document reasons for failure to return to University employment following an approved leave of absence.

The employee requesting family and medical leave must provide his/her department head with a certification from a physician of a serious health condition for the employee’s own health or that of a family member. Certification must include:

• the date on which the serious health condition began;
• the probable duration of the condition;
• appropriate medical facts regarding the condition;
• if appropriate, a statement that the employee is needed to care for a spouse, parent, or child (along with an estimate of time required); or, that the employee is unable to perform his or her job duties; and,
• in the case of intermittent leave, the dates and duration of the treatments to be given.

If a department head questions the validity of the certification provided, he/she may require, at the department’s expense, the employee obtain the opinion of a second health care provider designated or approved by the department head. The selected health care provider cannot be an employee of the University. In the case of childbirth or placement of a child through adoption or foster care, certification must include:

1. documentation by the attending physician in the case of childbirth, or verification by a judge of the placement of a child in the case of adoption or foster care; and,
2. the probable duration of the leave requested.

National Defense Authorization Act:

1. Military Family Leave Protection permits an eligible employee to take up to 26 weeks of FMLA because of any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is on or has been called to active duty in the Armed Forces in support of a “contingency operation” (a war or combat operation). A “qualifying exigency” generally applies to non-medical related events such as making arrangements for childcare, making financial or legal arrangements, attending official ceremonies or programs, etc.
2. Service Member Leave permits an eligible employee, who is the primary caregiver of a service member with a “serious injury or illness” incurred in the line of duty take up to twenty-six (26) weeks of FMLA leave in a single rolling year to care for the service member. The twenty-six (26) week period is reduced by another FMLA leave taken during the same rolling year.
3. During the rolling year period, an eligible employee shall be entitled to a combined total of twenty-six (26) work weeks of Service Member Family Leave. This is not be construed to limit the availability of leave under FMLA during any other rolling year. Delta State University will utilize accrued personal and major medical leave, as applicable, for any part of the twenty-six (26) leave period. If accrued leave is not sufficient to cover the entire period of the leave requested or if the employee chooses to take unpaid leave, an unpaid leave of absence will be granted for the remainder of the twenty-six (26) period.
4. The University will continue to pay the employee only contribution to the State & School Employees’ Health Insurance Plan for up to twenty-six (26) weeks, whether the leave is paid or unpaid. If additional paid or unpaid leave is granted, the employee must contact the Human Resources Department to determine the effect upon continued health care coverage.
5. Employees may request and be granted intermittent leave or a reduced work schedule for military family leave. If an employee request intermittent leave, or leave on a reduced leave schedule, that is foreseeable based on a planned medical treatment, the employer may transfer the employee temporarily to an available alternative position for which the employee is qualified and that has equivalent pay and benefits and better accommodates recurring periods of leave than the regular employment position of the employee.
6. Major medical leave for the Military Family Leave illness may be extended beyond the initial twenty-six (26) weeks provided by this policy if the employee has accrued major medical and personal leave. While an employee may also be granted an unpaid leave of absence, it may not be extended beyond one year.
7. Employees, who take leave, are guaranteed the right to return to their previous or an equivalent position with no loss of benefits at the end of the leave.

At the time accrued paid leave is exhausted and an unpaid leave of absence begins, the employee must make arrangements with the Human Resources Department for continuation of benefits coverage, including health, life, dental, and other applicable insurances. Service time in the Public Employees’ Retirement System of Mississippi or the Optional Retirement Plan is not earned for any period of unpaid leave of absence. Also, personal and major medical leave days are not earned during the unpaid portion of a leave of absence.

An employee who fails to return to University employment at the end of an approved leave of absence will be liable to reimburse the University for Health Insurance Plan insurance premiums paid for the employee during the unpaid leave of absence, unless the failure to return is due to the continuation, recurrence, or onset of a serious health condition, or something beyond the employee’s control. Medical certification is required to document reasons for failure to return to University employment following an approved leave of absence.

The employee requesting service member family leave must provide his/her department head with a certificate of the next of kin of an individual in the case of leave taken for a service member. The employee requesting military family leave protection must provide a certification issued by the Secretary of Defense the notification or impending call or order to active duty in support of a contingency operation. The employee must provide such notice to the employer in a foreseeable, reasonable and practicable manner.

In order to minimize disruptions to the work environment, employees are encouraged to provide their departments heads with as much advance notice as possible when there is a need for family and medical leave. A separate request for leave form must also be submitted to immediate supervisor for approval. After a period of leave due to their own serious health condition, employees must present medical certification to indicate their ability to return to work. Upon return to work, employees must contact the Human Resources Department about reinstatement of benefits.

Responsible Office and/or Policy Owner: Office of Human Resources

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