Frequently Asked Questions and Answers on the Family and Medical Leave
Policy (FMLA) and Sick Leave and Short-Term Disability (STD)
This list of Frequently Asked Questions refers to Policy
631 in the Human Resources Policy Manual.
An Employee Might Ask:
What is Family and Medical Leave?
Family and Medical Leave (FML) provides eligible employees with 12 weeks of unpaid leave for certain qualifying events. Paid leave must be substituted for unpaid leave in certain cases.
Eligibility/Leave Entitlement
Who is eligible for Family and Medical Leave?
You are eligible for FML if you have been employed by the University for at least twelve (12) months and have worked at least 1,250 hours during the 12-month period immediately preceding the start of the leave. You must also be employed at a Penn worksite where 50 or more employees are employed by the University within 75 miles of that worksite.
How is the 12-month period determined?
The 12-month period will be a rolling 12-month period measured backward from the date FML commences.
Do the 1,250 hours include paid leave or other absences from work?
No, the 1,250 hour requirement only includes time that counts towards "hours worked". So, for example, the 1,250 hours would not include:
- paid or unpaid vacation and sick time
- paid holidays, or
- previous periods of FML leave.
For what reasons can I use FML?
Eligible employees can use FML for the following reasons:
- The employee's serious health condition
- The birth and care of the employee's child
- Placement with the employee of a child for adoption or foster care, or
- Care of the employee's spouse, same-sex domestic partner, child (under age 18 or disabled) or parent with a serious health condition
- Because of a "qualifying exigency" relating to the active-duty status or call to active-duty in the armed forces of a spouse/same-sex domestic partner, son, daughter, or parent of the employee, including those contingencies set forth in the applicable regulations, summarized as follows:
- short-notice deployment;
- military events and related activities;
- to arrange for childcare, or provide childcare on an urgent basis, or for school activities;
- to make financial or legal arrangements;
- to attend counseling;
- to spend time with the service member while on short-term leave;
- for post-deployment activities; and
- for other activities in accordance with the regulations.
- Because care is required for a family member or next of kin who is a member of the armed forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in outpatient status on the temporary disability retired list, for a serious injury or illness.
What is a serious health condition?
A serious health condition is defined as an illness, injury, impairment, or a physical or mental condition that involves:
- Inpatient care in a hospital, hospice or residential medical care facility, or any subsequent treatment in connection with such inpatient care; or
- Any period of incapacity requiring absence from work for more than three calendar days AND that involves continuing treatment by a health care provider; or
- Continuing treatment by a health care provider for a chronic or long-term health condition that is incurable or which, if left untreated, would likely result in a period of incapacity of more than three days.
I would like to take FML for an elective surgery. Is this allowed?
Some elective surgeries are allowed under the FML policy depending on the type of procedure and the employee's medical history. You should have your doctor complete the Physician Certification and submit it to the Human Resources Division–Benefits Office for review. The certification must specify why the surgery is medically necessary.
Can leave for childbirth or adoption be taken at any time?
No. That leave must be taken within 12 months after the birth or placement for adoption or foster care. In some instances, the leave may start before the birth or placement for adoption, such as leave for pre-natal care or for home studies in connection with adoption.
Can leave be taken to care for children of any age?
Non-military FML is only available to care for a child under the age of 18, or a child over the age of 18 with a disability where the child is unable to perform activities of daily living without assistance.
However, the new FMLA regulations contain special definitions for son and daughter for both of the military leave provisions. For qualifying exigency leave, an eligible employee may take leave for his or her son or daughter on active duty or call to active duty status which is defined as the employee's biological, adopted, or foster child, stepchild, legal ward, or child for whom the employee stood in loco parentis, who is of any age.
Under the FMLA for military caregiver leave, a parent of a covered servicemember means a covered service member's biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the covered servicemember. This term does not include parents "in law".
I have been a regular full-time staff member at Penn for 3 months. However, I worked as a temporary worker at Penn through the Unique Advantage Partnership for 10 months before starting as a regular full-time staff member. Does my temporary service count towards determining eligibility for FML?
Yes, in determining eligibility for FML the University counts time employed as a regular employee, temporary worker and/or student worker at the University or any of its subsidiaries or components.
I began working for Penn two months ago. Prior to my current position, I worked at Pennsylvania Hospital for eight years. Am I eligible for Family Medical Leave (FML)?
To be eligible for FML benefits, an employee must have been employed by the University for at least 12 months and have worked for at least 1,250 hours during the 12-month period immediately preceding the start of the leave. The employee must also meet specified family and/or medical reasons as outlined in the Family and Medical Leave policy to be qualified for the leave. Since Pennsylvania Hospital, Presbyterian Medical Center, the Clinical Practices of the University of Pennsylvania and Clinical Care Associates are all subsidiaries and components of the Trustees of the University of Pennsylvania, an employee's work time at these institutions or any other subsidiary or component of the Trustees of the University of Pennsylvania counts toward determining eligibility for FML.
How much paid time off am I entitled to for pregnancy?
Disability resulting from pregnancy is treated like other disabilities with respect to paid leave time. The normal period of disability from the date of delivery is a maximum of eight weeks for a normal delivery, 10 weeks for a Caesarean Section or the length of time stipulated to be medically necessary by the employee's physician. Note that the amount of leave that will be paid will depend upon the amount of sick leave, paid time off and short-term disability days you have accumulated.
My wife and I are employees of the University and are expecting the birth of our child. Can both of us apply for a leave under the Family and Medical Leave Act?
According to Penn's FML Policy, where both parents/domestic partners are employed by the University, they are each entitled to 12 weeks of FML for the birth and care of their newborn child, or for the care and placement of a child for adoption or foster care. FMLA applies equally to male and female employees.
Application Process
How much notice do I have to give my supervisor before I go out on FML?
Employees seeking FML are required to provide their supervisors and the Division of Human Resources with at least 30 days WRITTEN notice of the proposed leave. Click here for the FML/STD request form. Where advance notice is not possible, such as in the event of a medical emergency, notice should be given as soon as possible. Failure to give advance notice, where foreseeable, may delay or postpone the commencement of the leave.
I was out of the workplace for more than three days due to an FML-related reason, but do not want this time to count against my 12 weeks of FML. Can I opt out of using this time?
You may not opt out of using your FML time. Employees who are out of the workplace for three consecutive days will receive a letter from their department stating that their time out of the office will be provisionally designated as FML.
What proof must I submit to validate my request for Family Medical Leave?
Medical certification from a health care provider will be required if FML is based on a serious health condition of an employee or family member. The University also requires medical certification/birth certificate if the FML is due to the birth of a child. Additionally, an "Intent to Adopt" form is required if the FML is for the placement of a child for adoption. Failure to provide such certification may result in a delay or denial of the employee's leave. Please contact your supervisor or click here to download the Short-Term Disability/Family and Medical Leave Request and Physician's Certification forms.
How long do I have to obtain the medical certification form from a health care provider?
The medical certification must be provided within 20 calendar days of the University's request. Employees should be aware that in certain circumstances, the University may require re-certification of a medical condition. In addition, employees may be required to report on when they intend to return to work. Whenever an employee learns of a change in the anticipated length of a FML, the employee must notify the University within two business days of knowing of the change.
Coordination of FML and Sick Leave/Short-Term Disability/Worker's Compensation
What happens if I am injured on the job and my doctor recommends that I stay home from work for one month? Will I have to utilize my accrued sick time to cover this period of recuperation? Would this job-related injury count against my FML entitlement?
In the event of a work-related injury or illness that will result in a loss of time, Worker's Compensation payments will begin only after the 7th calendar day of absence (the waiting period). During the waiting period, the employee's sick leave may be used (or paid time off, only in the event there is insufficient sick time). Employees who are out of the workplace due to a work-related injury or illness may be required to concurrently use benefits under the Family Medical Leave Policy if the reason for the absence is due to a qualifying illness or injury.
I would prefer not to use any of my paid time off or sick leave during my FML. Can I choose to be unpaid for the full 12 weeks of leave even though I have unused paid time off and sick leave?
According to University policy, if an employee takes FML because of their own serious health condition, the employee must substitute any unused sick leave, paid time off or short-term disability leave, if applicable, for any unpaid FML. The employee must substitute paid time off for all or part of any unpaid FML relating to the following: birth of a child, placement of a child for adoption or foster care, care of a spouse, domestic partner, child or parent who has a serious health condition.
I have met the requirements for FML, but do not have much time accrued under sick leave, paid time off or short-term disability. Will I be paid during my leave?
The Family and Medical Leave Act provides employees up to 12 weeks of unpaid leave for certain qualifying events. This law was intended to provide job protection only. The amount of your leave that is paid is determined by the balances you have accumulated under the University's sick leave, paid time off and short-term disability policies.
If you have met the requirements for FML for your own serious health condition or pregnancy, you will be paid until you exhaust all your available sick leave, paid time off and short-term disability for the length of time that your physician deems you to be disabled. If you have met the requirements for FML to care for a sick family member residing in your household, for paternity leave or placement of a child with you for adoption or foster care, you will be paid until you exhaust your three family sick days and all available paid time off. After your paid time off has been exhausted, the remainder of your FML will be unpaid.
What happens if my FML certification period expires, but I have not recovered sufficiently to return to work?
In the event that the leave certification period stipulated by your physician and approved by the Benefits Office expires and you are still unable to return to work due to your own serious health condition, you must re-certify your leave by submitting an updated certification. The Benefits Office will review the new Physician Certification form and your sick, paid time off and/or short-term disability balances that were provided by the department. The Benefits Office will inform you and your department of the status of the leave and how the time will be paid.
Under what circumstances can I use my short-term disability days?
Short-term disability days may only be used for an approved continuous leave for an employee's own serious health condition. They cannot be used for any other reason. Accumulated short-term disability days may be used provided the duration of the illness has been 10 or more work days and all available sick and paid time off have been exhausted.
Coordination of FMLA and Other Benefits
If I am out on FML and have exhausted my paid time (i.e., sick time, paid time off, short-term disability, etc.), does my health insurance coverage end?
During any FML, the University will maintain the employee's medical, dental, vision, life and disability insurance coverage under the same conditions that coverage would have been provided if the employee had been continuously employed during the entire leave period. The University and the employee will each continue to pay their portion of the benefit costs. The employee's benefit deductions will build up in suspense within the payroll system. As soon as the employee receives his/her first check the total cost will be subtracted. In some instances, the University may recover premiums it paid to maintain health coverage for an employee who fails to return to work from FML.
How will going out on a FML affect my retirement plan?
Being out on a paid FML does not affect your retirement plan contributions or the University's contribution to your retirement plan. If the FML is unpaid and you participate in the Retirement Allowance Plan, the FML period will still count towards benefit accrual and vesting. Additionally, if your FML is unpaid and you participate in the Tax-Deferred Retirement Plan, you may still make your contributions, but only on an after-tax basis, and receive the University's matching contribution.
Returning to Work
What is my responsibility upon returning to work from FML?
If FML is due to your own serious health condition, you must present a note from your physician stating that you are able to return to work. The note must specify the date that you are released to return and must list any physical or other restrictions if applicable.
I have been approved for a continuous leave for my own serious health condition, but am feeling much better than I expected, although my doctor wants me to rest. Can I work from home?
No, employees who have been approved for a continuous leave for their own serious health condition should not be working from any location including the home and may be required to provide a return to work notice from their physician before returning to the workplace.
I had a baby and my doctor agreed to release me to return to work after only three weeks. I would like to take the remainder of my FML later when things are slower at work. Will I be paid for the time off if I take it later?
Under the FML policy, you may take the remainder of your leave up to 12 months from the baby's birth, but you will only be paid for the time that you have accumulated under the University's Paid Time Off policy. Since you are no longer disabled, you may not use your sick leave or short-term disability days.
Is my current position within my department guaranteed to be there when I return from medical leave?
Normally, employees returning from medical leave will be reinstated to the same or an equivalent position, with equivalent pay, benefits, and other terms and conditions of employment. Failure to return to work once all paid leave and unpaid FML have been exhausted may result in termination of employment. However, at times, departments, schools, and/or centers may restructure due to changing business and operational needs and the need to continually enhance programs and services. These restructuring initiatives may result in position discontinuations, even positions held by employees out on FML or other types of leaves. If a staff member on FML has their position discontinued, they will be given at least 30 days written notice of the position discontinuation and will be informed of any applicable benefits they may be eligible to receive under the Position Discontinuation and Staff Transition Program.
A Supervisor or Business Administrator Might Ask:
What responsibilities do I have for informing my staff regarding FML?
When a staff member has proposed a leave, notifies the supervisor of a qualifying event, or has been out sick for more than three consecutive days, the supervisor is expected to send a provisional letter to the employee with a copy of the Family and Medical Leave Policy and forms. The employer is responsible for designating FML within five business days by sending a provisional letter. Click here for sample provisional letters.
What responsibilities do I have regarding informing the Human Resources–Benefits Office about an employee's FML?
When a staff member has proposed a leave, notifies the supervisor of a qualifying event, or has been out sick for more than three consecutive days, the supervisor is expected to:
- Send a copy of the provisional letter and Leave Request Form with the time balances to the Benefits Office
- Notify the Benefits Office upon the employee's return to work
Whose responsibility is it to determine how a leave should be paid and what is the process?
After the employee completes his/her section of the FMLA/STD application form, it should be forwarded to the Business Administrator (BA). The BA should complete the time balances section (sick, paid time off and short-term disability days) and forward the form to the Benefits Office. Once the Benefits Office receives and reviews the application and Physician's Certification, the leave will be approved, denied or marked as incomplete for follow-up with the employee.
I've received notice from an employee that he/she will be going on Family Medical Leave for the care of his/her own serious health condition. How should I pay the employee during his/her medical leave?
Once it is determined that an employee needs to be out due to his/her own serious health condition, the following procedures should be followed to ensure that the employee's record is handled correctly:
- Do not change the employee's status from Active in the 003 screen of the UMIS Payroll System.
- Begin paying the employee utilizing all available sick time and then PTO in that order.
- If an employee that is paid weekly exhausts all sick and PTO days, you must stop the employee's distribution line and contact Human Resources at to stop the employee's sick/PTO monthly accruals. Once the employee returns, you must contact Human Resources and the FMLA administrator in order to resume the monthly accruals.
- If an employee that is paid monthly exhausts all of his/her sick and PTO days, you must stop his/her distribution line and notify the FMLA administrator. If the department uses the University's Paid Time Off System, then the Business Administrator should put the employee on an unpaid leave in the system until the FMLA Administrator approves the employee for short-term disability pay.
For More Information:
To review the University's Family and Medical Leave Policy, please visit
the Division of Human Resources website at http://www.hr.upenn.edu/policy/policies/631.aspx
or contact the Human Resources, Benefits Department at (215) 898-0914.
You can also visit the Department of Labor website for more detailed information about FMLA regulations.