Family and Medical Leave (FMLA)

Eligibility: Employees are eligible if they have worked for the State of Minnesota for at least 12 months and have worked at least 1,250 hours during the 12 months preceding the commencement of the leave. Eligible employees are able to use up to a total of 12 weeks of unpaid leave in any fiscal year with proper medical certification for the following types of absences:

•	An employee's own serious health condition;
•	The serious health condition of an employee's spouse, parent or child;
•	Caring for newborn or newly placed adopted or foster child.

Reinstatement: An employee returning to work following an FMLA leave will be able to return to the same job or an equivalent position. Any benefits, seniority, etc., in place immediately before the leave will be reinstated.

Benefits/Other Leave Programs: Concurrently during FMLA leave, the employee will be required to use all accrued sick leave for which they are otherwise eligible. Additionally, after all accrued sick leave has been exhausted, the employee may substitute remaining FMLA leave with accrued vacation leave.

Critical Information for Responsible Administrators/Supervisors: Responsible administrators/supervisors must provide employees FMLA documentation within 2 days of an employee requesting a leave qualifying under FMLA or immediately if the employee is placed on a FMLA leave without a specific request. FMLA documentation provides the specific obligations and expectations of the FMLA leave and any consequences of failure to meet the obligations.

AFSCME
Article 9, Section 3 – Sick Leave Use
Article 10, Section 4 – Paragraph D Unpaid Parenthood Leave
Appendix N – Statewide Policy on FMLA

Commissioner's Plan
Chapter 5 – Sick Leave
Chapter 6 – Other Leaves of Absence

Inter Faculty Organization
Article 17, Section A – Sick Leave
Article 18, Section B – Unpaid Parenthood Leave

Managerial Plan
Chapter 5 – Sick Leave
Chapter 6 – Other Leaves of Absence

MAPE
Article 12, Section 2 – Sick Leave
Article 14 – Leaves of Absence

MMA
Article 8 – Vacation and Sick Leave
Article 10 – Leaves of Absence

MSCF

Article 14, Section 3 - Sick Leave
Article 15, Section 3 - Parenting Leave

MSUAASF
Article 18, Section C – Sick Leave
Article 19 – Leaves Without Pay

Personnel Plan for MnSCU Administrators
1.06 – Leaves of Absence With Pay
1.07 – Leaves of Absence Without Pay

Related Information:

Other Policy Sources: Statewide Policy on FMLA issue by the Minnesota Department of Employee Relations; specified contract language pertaining to leaves for an employee. See http://www.doer.state.mn.us/cmr-prsl/fmla.htm

Statutes: 29 U.S.C. Sec. 2601 et. seq. Also relevant are federal regulations issued by the U.S. Department of Labor. See http://www.dol.gov/.

Definitions:

Employee's Child, Son, or Daughter: The biological, adoptive, or foster son or daughter, a stepchild, or a legal ward of the employee or a child of a person standing in loco parentis who is under the age of 18 or 18 and older and incapable of self-care because of a mental or physical disability (pursuant to the Americans with Disability Act).

Employee's Spouse: The employee's husband or wife.

Employee's Parent: A biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a child.

FMLA Conditions: "Serious Health Condition" means an illness, injury, impairment, or physical or mental condition that involves one of the following:

Hospital Care: Inpatient care (i.e., overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.

Absence Plus Treatment: A period of incapacity of more than 3 consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:

a.	Treatment 2 or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider, or
b.	Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

Pregnancy: Any period of incapacity due to pregnancy or for prenatal care.

Chronic Conditions Requiring Treatments: A chronic condition which:

a.	Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
b.	Continues over an extended period of time (including recurring episodes of a single underlying condition); and
c.	May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.)

Permanent/Long-Term Conditions Requiring Supervision: A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.

Multiple Treatments (Non-Chronic Conditions): Any period of absence to receive multiple treatments (including any period of recovery) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than 3 consecutive calendar days in the absence of medical intervention or treatment such as cancer (chemotherapy, radiation, etc.) severe arthritis (physical therapy), kidney disease (dialysis).

Health Care Provider: A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state where they practice. The definition also includes: podiatrists, dentists, clinical psychologists, optometrists, chiropractors (related to spinal manipulation), nurse practitioners, nurse-midwives, clinical social workers, and Christian Science practitioners. These professionals must be performing "within the scope of their practice as defined under state law."

Documentation

Certification of Health Care Provider
Tennessen Warning
Employer Response to Employee Request for Family and Medical Leave HTML | Word
Your Rights Under the Family and Medical Leave Act of 1993
Frequently Asked Questions

Human Resources: A Division of the Office of the Chancellor

Family and Medical Leave (FMLA)

Related Information:

Definitions:

Documentation

This document is not intended as legal advice. Readers are encouraged to seek appropriate professional and/or legal advice.

Documentation