Ohio Admin. Code 3364-25-30 - Family and Medical Leave Act

Current through all regulations passed and filed through September 3, 2021


The university of Toledo is subject to the Family and Medical Leave Act (FMLA), a federal law enforced by the United States department of labor, and strives to comply with its FMLA obligations.

(B) Purpose of policy

To establish and notify employees of rules and procedures concerning FMLA leave. The university administers FMLA leave in accordance with the rights and restrictions in the FMLA statutes, regulations, and interpretive case law. The university of Toledo reserves the right to use any procedures or requirements permissible under law whether or not specifically mentioned in this policy. See 29 U.S.C. 2601, et seq. and 29 C.F.R. 825 for specific statutes and regulations governing the FMLA. To the extent the policy is silent on a matter, federal law will prevail.

(C) Scope

This policy applies to all university of Toledo campuses, the university of Toledo medical center and clinics.

At the university, a rolling twelve-month period is used measured backward from the date an employee uses any FMLA leave other than FMLA leave to care for a covered service member.

For FMLA leave taken to care for a covered service member, a twelve month period beginning on the first day the employee takes FMLA leave to care for a covered service member and ending twelve months after that date is used.

A workweek of FMLA leave is a prorated workweek based upon employment status, e.g., a forty-hour workweek for a full-time employee, or a twenty hour workweek for half-time employee (based on actual hours worked in the twelve weeks preceding the leave).

(D) Eligibility requirements

An employee must meet the following criteria to be eligible for FMLA leave:

(1) The employee must have worked for the university for at least twelve months. Employee service breaks of seven years or less will have the previous time of employment counted towards the twelve-month eligibility requirement. Service breaks of employees of seven years or more due to their fulfillment of national guard or reserve military service obligations will have this time counted toward the twelvemonth eligibility requirement. The university will comply with the Uniformed Services Employment and Reemployment Rights Act (USERRA) when determining an employee's eligibility for FMLA.
(2) The employee must have worked at least one thousand two hundred and fifty hours in the twelve-month period immediately preceding the commencement of leave.
(3) The employee must incur a qualifying event.
(4) The employee must be able to document relationships. For purposes of confirming a family relationship, the university may require the employee giving notice of the need for leave to provide reasonable documentation or statement of family relationship.
(E) Leave entitlements for eligible employees
(1) Eligible employees can take up to twelve weeks of unpaid, job-protected leave in a twelve-month period for the following reasons:
(a) The birth of a child of the employee or placement of a child for adoption or foster care with the employee;
(b) To bond with a child (leave must be taken within one year of the child's birth or placement);
(c) To care for the employee's spouse, child, or parent who has a qualifying serious health condition;
(d) For the employee's own qualifying serious health condition that makes the employee unable to perform the employee's job;
(e) For qualifying exigencies related to the foreign deployment of a military member who is the employee's spouse, child, or parent.
(2) An eligible employee who is a covered service member's spouse, child, parent, or next of kin may also take up to twenty-six weeks of FMLA leave in a single twelve-month period to care for the service member with a serious injury or illness incurred by a service member in the line of duty on active duty or was aggravated by service in the line of active duty.

During the twelve-month period an employee is entitled to a combined total of twenty-six workweeks of leave under paragraphs (E)(1) and (E)(2) of this rule. The twelve-month period is measured forward from the date an employee's first FMLA leave to care for the covered service member begins. If all leave is not taken, it is forfeited.

(3) The maximum FMLA leave may not exceed twenty-six workweeks for employees with qualifying events that pertain to both paragraphs (E)(1) and (E)(2) of this rule.
(4) If spouses are both employed by the university of Toledo, and are both eligible for FMLA leave, the spouses are limited to a combined total of twelve work weeks of leave during any twelve month period if the leave is taken to care for the employee's parent with a serious health condition, for the birth of the employee's son or daughter or to care for the child after the birth, or for placement of a son or daughter with the employee for adoption or foster care or to care for the child after placement. Where both spouses each use a portion of the total twelve workweeks of leave for the birth of a child, for placement for adoption or foster care, or to care for a parent, the spouses each remain entitled to the difference between the amount he or she took individually and twelve workweeks of FMLA leave for other purposes.
(5) For purposes of determining the amount of FMLA leave used by an employee, the fact that a holiday may occur within the week taken as FMLA leave has no effect and the week is counted as a week of FMLA leave. However, if an employee is using FMLA leave in increments of less than one week, the holiday will not count against the employee's FMLA entitlement unless the employee was otherwise scheduled and expected to work during the holiday.
(6) An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule under certain circumstances.
(7) All FMLA leave time runs concurrently with any other applicable leave. An employee must exhaust sick, vacation, compensatory time and other paid leave before being placed on unpaid leave. The employee must comply with the university's normal paid leave policies.
(F) Benefits and protections
(1) While employees are on FMLA leave, the university will continue to offer health insurance coverage as if the employee was not on leave.
(2) During any FMLA leave, the university will maintain the employee's group health plan coverage on the same conditions as coverage would have been provided if the employee had been continuously employed during the entire FMLA leave period. If the employee is paid while on FMLA leave, the employee's contribution toward health insurance will remain the same as if the employee were not on FMLA leave. Employees on unpaid FMLA leave must make payment arrangements with the human resources department at the university. The employee will be entitled to any changes to the health care plan or benefits that are made while the employee is on FMLA leave to the same extent as if the employee were not on FMLA leave.
(3) To receive health benefits during an unpaid FMLA leave, monthly employee contribution amounts are due, in advance, on the first of the month following unpaid status for the remainder of eligibility (twelve-week maximum). Upon the expiration of eligibility, employees may continue their health insurance coverage by paying the entire premium in advance each month to the human resources department of the university. Individuals choosing to discontinue their health insurance coverage during the twelve-week period of eligibility will have the opportunity to re-enroll, unconditionally, upon their return. Those who elect to discontinue coverage, and whose twelve-week eligibility has expired, will have the opportunity to re-enroll only during the open enrollment period of each year.
(4) Upon expiration of twelve weeks of FMLA leave, and expiration of paid leave, an employee will be responsible for the full monthly premium of health insurance, including the employer's share.
(5) Unless another university policy or contract provides a longer grace period, the university's obligations to maintain health insurance coverage for an employee on FMLA leave cease if the employee's premium payment is more than thirty days late.
(6) Upon return from FMLA leave, most employees will be restored to the same job or one nearly identical to it with equivalent pay, benefits, and other employment terms and conditions. The university will not interfere with an individual's FMLA rights or retaliate against an employee for using or seeking to use FMLA leave, opposing any practice made unlawful by the FMLA, or being involved in any proceeding under or related to the FMLA.
(a) If the employee's FMLA leave was due to the employee's own serious health condition that made the employee unable to perform the employee's job, the university requires the employee to obtain, at the employee's expense, and present certification from the employee's health care provider that the employee is able to resume work. This fitness-for-duty certification is only with regard to the particular health condition that caused the employee's need for FMLA leave. If reasonable safety concerns exist regarding the employee's ability to perform his or her duties due to the serious health condition for which the employee took such leave, the university is entitled to a fitness-for-duty certification for such absences up to once every thirty days.
(b) An employee may be returned to work prior to the originally scheduled expiration of the leave, if such return is agreed upon by both the employee and his or her supervisor, provided the employee can perform the essential duties of the job and a physician has certified it. If an employee is able to return to work earlier than the anticipated end date, the employee should provide advance notice to the employee's department, and no later than three days before returning to work.
(c) If an employee does not intend to return to work, that employee must notify human resources in writing of this intent as soon as possible and in no event later than three days of the scheduled return to work date. An employee who resigns or gives notice of resignation while on a paid or unpaid FMLA leave shall be separated from the university effective the date of such notice.
(d) An employee who fails to return to work within three consecutive days following the end of that employee's approved FMLA leave will be considered to have abandoned the job and will be treated as a voluntary resignation, except for documented reasons of that employee's own health condition confirmed by a health care provider or other reasons beyond that employee's reasonable control.
(e) The university does not interfere with, restrain, or deny the exercise of, or attempts to exercise any rights provided by the FMLA. The university will not discharge or in any other manner discriminate against an individual for opposing any practice made unlawful by the FMLA or for instituting or participating in an inquiry or proceeding relating to any FMLA protected right.
(G) Requesting leave
(1) Generally, employees must give thirty-days' advance notice of the need for FMLA leave. If it is not possible to give thirty-days' notice, an employee must notify the university as soon as possible and, generally, follow the employer's usual procedures.
(2) Employees do not have to share a medical diagnosis when reporting off work but must provide enough information to the university so it can determine if the leave qualifies for FMLA protection. Sufficient information could include informing an employer that the employee is or will be unable to perform the employee's job functions, that a family member cannot perform daily activities, or that hospitalization or continuing medical treatment is necessary. Employees must inform the employer at the time of reporting off work if the need for leave is for a reason for which FMLA leave was previously taken or certified.
(3) The university can require a written medical certification or periodic recertification supporting the need for leave. If the university determines that the certification is incomplete, it will provide a written notice indicating what additional information is required.
(4) The university reserves the right to request a second opinion if the validity of a medical certification is questioned. If the first and second opinions differ significantly, the university may request that the employee obtain a final and binding third opinion of a jointly selected health care provider. The second and third opinions are done at university expense.
(H) University responsibilities
(1) Once the university becomes aware that an employee's need for leave is for a reason that may qualify under the FMLA, the university will notify the employee if the employee is eligible for FMLA leave and, if eligible, will also provide a notice of rights and responsibilities under the FMLA. If the employee is not eligible, the university will provide a reason for ineligibility.
(2) The university will notify its employees if leave will be designated as FMLA leave, and if so, how much leave will be designated as FMLA leave.
(I) Fraud
(1) An employee who fraudulently obtains FMLA leave is not entitled to job restoration or maintenance of health benefits. Employees who fail to comply with this policy will be held accountable for their actions under university policies, rules, and applicable law, including but not limited to corrective action up to and including termination.
(2) Employees who are on FMLA leave are prohibited from working second jobs or engaging in other activities inconsistent with the stated need for leave.

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Replaces: 3364-25-30


Ohio Admin. Code 3364-25-30
Effective: 9/21/2020
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364
Prior effective dates: 11/3/2016

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