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Human Resources
University of Mississippi

Family and Medical Leave

The Federal Family and Medical Leave Act (FMLA) provides you with the right to take job-protected leave with continued medical benefits when you need time off from work to care for yourself or a family member who is seriously ill, to care for a newborn or newly adopted child, or to attend to the affairs of a family member who is called to active duty in the military.

The University provides the leave benefit in accordance with the Family and Medical Leave Act of 1993, as amended (FMLA) and the National Authorization Defense Act (H.R. 4986), as amended (H.R. 2647).

Eligibility

University employees employed one-half time or more, for at least twelve (12) months and who worked at least 1,250 hours during the twelve (12) month immediately preceding the leave may be granted Family and Medical Leave or leave under the National Defense Authorization Act.

The qualifying employee shall be entitled to Family and Medical Leave for up to twelve weeks in a *12-month period for one or more of the following reasons:

  • Birth of a child
  • Placement of a child with the employee for adoption or foster care
  • To care for a spouse, child, or parent with a serious health condition.   (As defined by the Family and Medical Leave Act, a son or daughter is defined as a biological, adopted, or foster child; a stepchild; a legal ward; or a child of a person standing in loco parentis (in place of a parent). The child must be under 18 years of age; or 18 or older and incapable of self-care because of a mental illness or physical disability. Parent means a biological parent or an individual who stands or stood in loco parentis to an employee.)
  • Due to an employee’s own serious health condition that makes the employee unable to perform one or more of the essential functions of his/her job

  *The 12-month period is defined as a “rolling 12-months”, which is measured backward from the date on which Family and Medical Leave begins.  FMLA will run concurrently with paid or unpaid status and commence when Human Resources is notified of the qualifying event.

Certification from a licensed health care provider is required to determine eligibility for Family and Medical Leave or entitlement under the National Defense Authorization Act.   A certificate of birth or legal adoption or documentation of foster parent status may be required for Family and Medical Leave when deemed appropriate.

To request this benefit, complete the medical certification form, Medical Certification Form.

Human Resources is responsible for determining eligibility for Family and Medical Leave and leave taken under the National Defense Authorization Act.  Leave shall be taken concurrently with paid or unpaid leave status.  The employee’s department must process a HR Form 3 to place the employee on leave of absence.

The University will continue to pay the employee’s portion of the University’s health insurance during the period of FMLA entitlement.

To learn more about the Family and Medical Leave Guidelines refer to the complete policy (HRO.BE.600.050).

For assistance, contact a member of the Benefits team, Department of Human Resources, 662-915-7431.

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Frequently Asked Questions

  • What is the FMLA entitlement?

Each employee is entitled to 12 weeks in a 12-month period.

  • How do I know if I have been approved for the FMLA entitlement?

When Human Resources is notified of your leave of absence, a member of the benefits team will mail you a leave of absence packet. The packet will inform you of your status (i.e. paid, unpaid, workers’ compensation, FMLA).

  • Do I need to provide my department a copy of the medical certification form?

Any forms that include medical information must be submitted only to the Department of Human Resources.  The employee’s department must not maintain statements with employee’s medical information.

It is always the employee’s responsibility to notify their supervisor when they will be away from work.   Please follow your department guidelines/protocol for notification requirements.

When planning medical treatment, the employee must consult with the employer and make a reasonable effort to schedule the treatment so as not to disrupt unduly the employer’s operations, subject to the approval of the health care provider.

  • Will I continue to be paid while on FMLA?

Employees will be paid during an absence only if Major Medical and/or Personal Leave is used.  If an employee has no accrued leave or donated hours, then time off work will be unpaid.

Major medical leave may only be used for the period of time that is certified as medical, by the attending licensed medical care provider.

Example:  A licensed medical care provide certifies the estimated length of illness for birth of a child as 6 weeks.  If the employee takes a 12-weeks of FMLA for maternity or paternity leave, the first 6 weeks are coded as 6 weeks of major medical leave (if accrued hours are available).  The remaining 6 weeks have not been certified as a medical absence and will be personal leave and/or leave of absence without pay.

  • May I use FMLA for adoption?

Employees may use FMLA when a child is first placed with the employee for adoption or foster care of bond with the newly placed child.  The leave entitlement ends at the end of the 12-month period beginning on the date of the placement.  Leave may be used before placement or adoption of a child where the employee may be required to:

  • Attend counseling sessions,
  • Appear in court,
  • Consult with an attorney or doctor(s) representing the birth parent,
  • Submit to a physical examination, or
  • Travel to another country to complete an adoption.

  • May I use FMLA for foster care?

Yes.  Foster care, for FMLA purposes, is 24-hour care for children in substitution for, and away from, their parents or guardians. Children are placed in foster care by or with the agreement of the State, and foster care involves agreement between the State and foster family that the foster family will take care of the child. Although foster care may be with relatives of the child, State action is involved in the removal of the child from parental custody. Neither a minimum period for the foster care placement, nor a permanent placement is required for the employee to qualify for FMLA leave for the placement.

 

 

 

 

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