FMLA Frequently Asked Questions
Q. When is a staff member eligible for FMLA?
A. Staff are eligible for FMLA when they have worked at Vanderbilt for 12 months and have worked at least 1250 hours in the proceeding period prior to requesting a leave.
Q. What types of conditions are covered under the FMLA?
A.
- Birth of an employee's child, and to care for the newborn;
- For placement with the employee of a child for adoption or foster care;*
- To care for the employee's spouse, child, or parent with a serious health condition; and
- Because of a serious health condition that makes an employee unable to perform the functions of his/her job.
FMLA leave applies equally to male and female employees. FMLA leave may begin before the actual date of a child's birth, or before the actual placement of a child for adoption or foster care. The source of an adopted child is not a factor in determining eligibility for leave. Entitlement to leave for a birth or placement for adoption or foster care expires at the end of the 12-month period on the date of the birth or placement.
A birth mother may apply for leave under both the state TPLA and the federal FMLA. These two must run concurrently, and may not be added together to increase the total leave time beyond the maximum available under the more generous policy. Under TPLA, the length of the leave is greater (4 months), but it also requires at least 90 days written notification as opposed to 30 days under FMLA.
Foster care is defined as 24-hour care for children in substitution for, and away from, their parents or guardian. Such placement is made by or with the agreement of the State as a result of voluntary agreement between the parent or guardian that the child be removed from the home, or pursuant to a judicial determination of the necessity for foster care.
Q. Does a staff member need to be off for 5 consecutive days for them to quality for FMLA?
A. No. However, the staff member must have a medical condition approved as a qualifying event that can be accommodated through intermittent or a reduced work schedule for FMLA time to be utilized.
Q. How much leave can a staff member take under FMLA?
A. A staff member who has met the eligibility requirements for FMLA can take up to 12 weeks of unpaid leave within a 12-month rolling calendar from the date the FMLA leave begins.
Q. How does a staff member apply for FMLA?
A. A staff member should notify their supervisor (preferably in writing) of their need to take time off because of a qualifying event. If the request is for a medical reason, the staff member must submit the Physician Certification form to the Occupational Health Clinic (OHC) for approval within 15 days of the request for a leave. The Physician Certification form is not to be maintained in the department.
Q. How is the staff member notified of their leave approval?
A. It is the supervisors responsibility to acknowledge the employee request within 2 business days of receipt. The supervisor will also inform the staff member of their eligibility for FMLA pending the necessary review and approval of the health care providers certification.
Q. What happens if an employee does not make a formal request for a leave and is off work for 5 or more consecutive days?
A. It is the supervisors responsibility to designate any time away from work for any extended period as potentially FMLA qualifying, i.e., doctors visits and/or treatment. If this happens, please contact Employee Relations for assistance.
Q. Under what circumstances can time away from work attributed to FMLA?
A. Time away from work can be attributed to FMLA under the following circumstances:
- when a staff member request leave in advance for a qualifying event;
- in an emergency or unforeseen situation, i.e. car accident, heart attack, etc;
- for reoccurring medical conditions from a qualifying event; and
- when the supervisor designates the time away as qualifying for FMLA
Q. How is the staff members benefits handled when he/she is out on a leave?
A. There is no change in benefit coverage or payment during the period of time that a staff member is out on an approved leave. If a staff member goes into an unpaid status they will need to contact the Benefits Offices to make arrangements to pay their portion of the health care premium. Also a PAF should be processed to designate that the staff member is now on an unpaid leave and when the staff member returns from leave. (See FMLA Policy #12)
Q. How do you document the time away from work?
A. Time away from work under FMLA should be tracked on the Utilization Form for both exempt and non-exempt staff. This usage should be submitted on a monthly basis to the Human Resource Records Management Department for exempt staff. Non-exempt staff report their usage on their individual time sheets.
Q. Can a staff member qualify for more than one FMLA illness within a 12-month period?
A. Yes. However, each qualifying event must be approved by submitting a separate "Certification of Health Care Provider" form. Also, staff members are only eligible for up to a total of 12 weeks of leave in a rolling 12-month period.
Q. How long will a staff members position be held when he/she is out on an FMLA leave?
A. A comparable position may be held for a staff member for up to 12 weeks when they have an intent to return from an approved leave of absence under FMLA.
Q. Does Workers' Compensation count towards leave under FMLA?
A. Yes. Any leave of absence would count towards the 12-week maximum for FMLA purposes. Supervisors should process the FMLA forms when a staff member looses time following a Workers' Compensation injury. Remember to contact Employee Relations for assistance in coordinating these leaves.
Q. What happens if a person is out for a medical reason beyond 12 weeks in a 12- month rolling period?
A. Any leave beyond 12 weeks is handled under non-FMLA. Please refer to the FAQ's under FMLA for any specific concerns
You may call Employee Relations for information regarding FMLA.
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HR Express 2525 West End Ave Suite 218 Nashville TN 37203 Hours M-F 7:30 - 5:30 Last Updated: October 19, 2009 |
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