Family and Medical Leave Act of 1993
Reasons for Taking Leave
The Family and Medical Leave Act requires employers, including Weber State University, to provide an eligible employee with a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
- The birth and care of the newborn child of the employee.
- The placement with the employee of a son or daughter for adoption or foster care.
- To care for an immediate family member (spouse, child, or parent) with a serious health condition.
- To take medical leave when the employee is unable to work because of a serious healthcondition.
A “serious health condition” is defined as “an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider and requires a completed Certification of Physician or Practitioner Form. More detailed information on qualifications is available in the Policies and Procedures Manual 3-29a, in the Human Resources Office or on the U.S. Department of Labor web site.
Employees are eligible to take leave under the FMLA if they have been employed by Weber State University for at least 12 months and have worked for at least 1,250 hours during the previous 12-month period.
Employees are required to provide notice to Weber State University of the need to take FMLA leave at least 30 days before FMLA leave is to begin, or as soon as possible (usually within one or two business days.) Failure to provide advance notice for a foreseeable leave may result in the leave being delayed.
Employees are required to have a licensed health care provider complete a Certification of Physician or Practitioner Form with regard to a serious health condition. In accordance with the Americans with Disabilities Act, all medical information will be kept separate from the employee’s personnel file. Employers have the right to request second or third opinions (at the employer’s expense). Employers also have the right to request subsequent recertification’s on a reasonable basis. If the FMLA leave is because of an employee’s own serious health condition, upon return to work the employee must present a health care provider certification that the employee is able to return to work.
Job and Benefits Protection
For the duration of FMLA leave, the employer must maintain the employee’s health coverage under the conditions coverage would have been provided if the employee had continued in employment continuously. If the employee’s share of premiums is not paid through payroll deductions, the employee is responsible to make arrangements for payment of premiums owed. The FMLA also requires that, upon return to work, the employee be restored to his/her original or an equivalent position with equivalent pay and benefits.
Unlawful Acts by Employers and Enforcement
The FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right under the FMLA, or to discharge or discriminate against any person for opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or relating to the FMLA. The U.S. Department of Labor is authorized to investigate and resolve complaints of violation. An eligible employee may bring a civil action against an employer for violations.
For Additional Information
Contact Weber State University Human Resources Department at 801-626-6032 or the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, Department of Labor.