FMLA Definitions
Below are definitions for some of the most common terms used in regards to FMLA.
Family and Medical Leave Act (FMLA)
FMLA became a law in 1993. This federal act requires employers to provide up to 12 weeks of job-protected leave to eligible employees for qualified serious health conditions for self or certain family members. Military leave entitlements were added in 2009 to include provisions for military caregiver and military exigency (up to 26 weeks of leave).
Tennessee Maternity Leave Act (TMLA)
State law that entitles eligible staff members to take up to four months of job protected leave for adoption, pregnancy, childbirth and nursing an infant.
Spouse/Domestic Partner
A husband or wife as defined by state law for the purposes of marriage. Vanderbilt has chosen to extend the same protections provided by FMLA to same-sex domestic partners.
Parent
A biological parent or an individual who has legal responsibility for the employee as a guardian or substitute parent in a foster care arrangement.
Child
Son or daughter: a biological, adopted, or foster child, stepchild, same-sex domestic partner’s child or legal ward under the age of 18, or "incapable of self-care" due to a disability.
Serious Health Condition
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 period of incapacity due to pregnancy or prenatal care
- incapacity due to a chronic serious health condition and visiting treatment for recurring or episodic conditions
- to provide care for permanent or long-term conditions
- recovery from treatment associated to a serious health condition
Intermittent Leave
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 might 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, an employee who wishes to take intermittent leave or a reduced work schedule may do so only for medical reasons.
Health Care Provider
A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State in which the doctor practices; podiatrists, dentists, clinical psychologists, optometrists, and chiropractors authorized to practice in the state and performing within the scope of their practice as defined under state law; nurse practitioners, nurse mid-wives 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, MA; 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 12 Month Calendar
Vanderbilt has defined the "12 month period" as a rolling period measured from the date the employee uses any FMLA leave. An eligible employee is entitled to a total of 12 workweeks of leave during the 12 month time period.
Medical Certification
Documentation from a healthcare provider that an employee's request for leave to care for his/her seriously-ill spouse, child, parent, or for the employee's own serious health condition is medically supported.