| 1. | What types of leaves are covered by FMLA leave? |
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FMLA leave would include up to a 12 week absence per fiscal year for any of the following reasons:
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| 2. | Who is eligible for family and medical leaves? |
| Employees who have completed at least 12 months of service with the State of Minnesota and worked at least 1,250 hours in the 12 months preceding the commencement of the leave. It does not apply to any employee who has worked fewer than 1,250 hours in the last 12 months. (Unpaid leaves do not count towards hours worked.) | |
| 3. | What is the maximum leave time allowed under the FMLA? |
| A total of 12 weeks of unpaid leave in any fiscal year. If both husband and wife are employed by the State of Minnesota, they each have a total of 12 weeks of unpaid leave per fiscal year, but they cannot use more than a shared total of 12 weeks for parental leave and/or to care for a seriously ill parent. | |
| 4. | Is FMLA leave paid or unpaid leave? |
| FMLA leave is unpaid, but the State of Minnesota will continue to make its contribution to benefits. Employees are obligated to make their contributions for benefits if they wish to continue them. The State of Minnesota requires employees to use all accrued sick leave for which they are eligible. Following the exhaustion of sick leave, employees may substitute unpaid FMLA leave with accrued vacation leave. When paid time is used for FMLA leave purposes (i.e., paid sick leave or vacation), it will count towards the 12 weeks of leave entitled under the FMLA. For instance, sick leave or vacation leave will count as part of the 12 weeks when it is used for FMLA purposes. | |
| 5. | Must employees use paid sick leave during FMLA leave? |
| Sick leave must be used if current personnel plans or collective bargaining agreements permit this---for instance, it must be used for some types of FMLA leave---e.g., sick leave must be used for an absence due to an employee's serious health condition. | |
| 6. | Will faculty and staff be required to use up their accrued paid sick leave first during their FMLA leave? |
| Yes, employees are required to initially use all accrued sick leave for which they are eligible during FMLA leave. "Eligible" is governed by the applicable personnel plan or collective bargaining agreement. | |
| 7. | What position does the employee get assigned upon return from an FMLA leave? |
| Under FMLA the employee is guaranteed the "same or equivalent position" upon return to work by the end of FMLA leave. | |
| 8. | Will the State of Minnesota contribute towards medical and dental coverage during FMLA leave? |
| Yes, if an employee was eligible for employer contributions for health premiums immediately prior to the leave. Coverage will be canceled if employees do not pay their share of the premium. | |
| 9. | What happens to retirement contributions when an employee takes an FMLA leave? |
| Salary deductions for retirement will continue to be taken from an employee's pay as long as the employee is on paid leave, including sick and vacation. For any time that is unpaid, contributions will cease, however, employees may be able to obtain service credit. For information on obtaining service credit, please contact your retirement plan administrator. | |
| 10. | What period constitutes a "year" for the purpose of FMLA leave? |
| The "year" used by the State of Minnesota under the FMLA is the fiscal year from July 1 to June 30. | |
| 11. | May an employee drop optional insurance coverages during FMLA leave? |
| Yes, an employee may drop optional life and disability coverages during FMLA leave. Coverages may be reinstated without evidence of good health at the end of the 12 week leave, or return to active employment, whichever is sooner. If the leave extends beyond approved FMLA leave, consult applicable collective bargaining agreements and note that coverages may be reinstated with evidence of good health. Please consult http://www.doer.state.mn.us/ei-segip/Docs/1011.pdf. | |
| 12. | What happens if an employee gives notice of intent not to return to work? Are their benefits terminated? |
| Yes, as long as the notice is "unequivocal." One form of an unequivocal notice is when the employee submits a written letter of resignation. The individual has the option to continue coverage through COBRA following termination of employment. | |
| 13. | Can an employee taking intermittent FMLA leave be transferred to another position? |
| An employer may temporarily transfer an employee to an alternative position in order to accommodate intermittent absence, provided that it affords "equivalent pay and benefits." | |
| 14. | What kind of medical documentation is required? |
| Medical documentation for FMLA leave is needed to certify a serious health condition. When an employee is asked to provide such medical documentation, the employee is required to return the documentation within 15 calendar days. | |
| 15. | Can the employer place an employee on FMLA leave if the employee fails to request the leave? |
| Yes, the employer should place all employees on FMLA who meet the eligibility requirements. FMLA leave documentation will be sent immediately to inform the employee that they are being place on FMLA leave. | |
| 16. | Is Workers' Compensation leave counted simultaneously with that of FMLA leave? |
| Yes. Please note that employees on Workers' Compensation will not be required to use their sick leave concurrently with FMLA leave. They may choose whether to use paid leave to make up for the one-third time not covered by Workers' Compensation. Please see http://www.hr.mnscu.edu/links/wc-links.html for information regarding supplementing workers' compensation benefits with accrued but unused sick leave, vacation or compensatory time. | |
| 17. | Is FMLA leave determined by weeks or days or portions thereof? For example, if a 50% employee begins an FMLA leave, is the FMLA leave period 12 weeks or 24 weeks? |
| The FMLA leave period is defined in weeks, e.g., 12 weeks. The FMLA leave period is prorated based on the employee's percentage appointment, e.g., 12 weeks at 50% for employees appointed on 50% appointments |