Frequently Asked Question and Answers on The Family and Medical Leave
Policy
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 may be
substituted for unpaid leave in certain cases.
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.
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
and
- Care of the employee's spouse, domestic partner, child or parent
with a serious health condition
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
University's Division of Human Resources with at least 30 days WRITTEN
notice of the proposed leave. The FML/STD request form can be found on the
Division of Human Resources website at http://www.hr.upenn.edu/forms/default.aspx.
Where advanced 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.
What proofs must I submit to validate my request for a 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 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. This medical certification must be provided within
twenty (20) calendar days of the University's request. In addition, when
returning to work from a medical leave the employee will be required to
provide medical certification that s/he is fit to return to work. Please
contact your supervisor or visit the Division of Human Resources website
at http://www.hr.upenn.edu/forms/default.aspx
for Short Term Disability/Family and Medical Leave Request and Physician's
Certification forms. 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 (2) business days of knowing of the change.
I have been a regular full-time staff member at Penn for 3 months.
However, I worked as a temporary worker at Penn through Penn 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 we consider 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 twelve (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.
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 twelve (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 paid time off, sick leave 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. In
other cases, accrued sick leave may be substituted for any unpaid FML if
sick leave is permitted under the University Sick Leave Policy.
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.
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, 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.
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.
I was injured on the job and my doctor has recommended that I stay
home from work for one month. Will I have to utilize my accrued sick time to
cover this period of recuperation?
Yes, the first five (5) working days are applied to your sick leave
balance. If you were injured while on duty your leave of absence may be
classified as a Workers' Compensation Leave. However, FML and Workers'
Compensation Leave can run concurrently, provided the reason for the
absence is due to a qualifying serious illness or injury.
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 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.
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
position is discontinued, s/he will be given at least 30 days written
notice of the position discontinuation and will be informed of any
applicable benefits s/he may be eligible to receive under the Position
Discontinuation and Staff Transition Program.
A Supervisor Might Ask:
My department is in its busy cycle and I have two employees out on
Family Medical Leave. How do I cover the work of this many employees?
Temporary personnel may be hired to help lessen the workload. It must
be made clear that the position is temporary, and you must provide the
individual with an end date. You may address the workload by temporarily
redistributing the work among the remaining staff members, if appropriate.
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 3 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 two (2) business
days by sending a provisional letter. Sample provisional letters can be
found on the Division of Human Resources website at http://www.hr.upenn.edu/policy/policies/631.aspx
How
do I find out more information on the University's FML policy?
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 call the Human Resources, Benefits Department at (215) 898-7282.