FMLA Definitions

Family Medical Leave Act (FMLA)

was instituted into law in 1993. FMLA requires employers to provide up to twelve weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons.

Spouse/Domestic Partner

a husband or wife as defined by State law for the purposes of marriage, or a partner who fits the criteria defined in the Vanderbilt University and Medical Center Statement of Domestic Partnership

Parent

a biological parent or an individual who has legal responsibility for the staff member as a guardian or substitute parent in a foster care arrangement.

Child

Son or daughter: a biological, adopted or foster child, stepchild or legal ward under the age of 18 or "incapable of self-care" due to a disability.

Serious health condition

means an illness, injury, impairment or physical or mental condition that involves:

1. Inpatient care and any subsequent treatment
2. Continuing treatment by a health care provider for a serious health condition including; a) a period of incapacity due to pregnancy or prenatal care, b) incapacity due to a chronic serious health condition and visiting treatment for recurring or episodic conditions, c) to provide care for permanent or long-term conditions and d) recovery from treatment associated to a "serious health condition"

Intermittent leave

is leave taken in separate blocks of time due to a single illness or injury and may include leave periods from an hour or more up to several weeks. Examples would include leave taken on an occasional basis for medical appointments or leave taken several days at a time spread over a period of months. However, a staff member who wishes to take intermittent leave or a reduced work schedule may do so only for medical reasons. This type of request cannot be taken for well care after the birth, adoption or placement of a child.

Health care provider

a "health care provider" is: a doctor of medicine or osteopathy who is authorized to practice medicine or surgery as appropriate) by the State in which the doctor practices; podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in the State and performing within the scope of their practice as defined under State law; nurse practitioners, nurse-midwives and clinical social workers who are authorized to practice under State law and who are performing within the scope of their practice as defined under State law; Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts; and any health care provider from whom the University's health care plans will accept certification of the existence of a serious health condition.

Rolling twelve month calendar

Vanderbilt University has defined the "12 month period" as a rolling period measured from the date the staff member uses any FMLA leave. An eligible staff member is entitled to a total of 12 workweeks of leave during that 12 month time period.

Medical certification

documentation from a health care provider that an employee's request for leave to care for his/her seriously-ill spouse, son, daughter, or parent, or for the employee's own serious health condition is medically supported. The Certification of health Care Provider outlines the information that can be requested of a health care provider. If the certification is unclear the Occupational Health Clinic is the health care provider authorized by the University permitted to contact the employee's health care provider, with the employee's permission, for clarification and/or authentication of the medical certification. Certification of Health Care Provider will be maintained in a separate confidential file in Human Resource Services.