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401 Family and Medical Leave Act (FMLA)

Xref: PPP 400

The Family and Medical Leave Act ("FMLA") provides eligible Yale employees with up to 12 workweeks of unpaid, job-protected leave within a 12-month period, and requires health benefits to be maintained during the leave. FMLA is a federal law; Connecticut state FMLA allows for 16 weeks of unpaid leave over a 24 month period. Both laws are applicable to eligible Yale employees and run concurrently. Workers' Compensation leaves also run concurrently with FMLA. The 12 or 24 month period begins on the first day of the leave. Caregiver, intermittent/reduced schedule, military exigency and military caregiver leaves are granted under the FMLA and CT FMLA only.

401.1 Employee Eligibility

To be eligible for a leave of absence under FMLA, an employee must:

• have worked for Yale for at least 12 months; and
• have worked at least 1250 hours during the 12 months prior to the start of the FMLA leave (federal), or 1,000 hours during the 12 months prior to the start of the FMLA leave (Connecticut).

401.2 Qualifying Reasons for Leave

FMLA leave may be granted to eligible employees for the employee's own serious health condition, the serious health condition of a spouse, child, stepchild, parent, parent-in-law or civil union partner, or for the birth, adoption or foster care placement of a child. FMLA leave may also be granted to an eligible employee to care for a covered service member recovering from a serious illness or injury or to address a qualifying military exigency.

• The care of a child over the age of 18 is not covered unless the child is physically or mentally incapable of self-care.
• Leave for the birth, adoption, or foster care placement of a child must be completed within 12 months of the child's birth, adoption, or placement with the family.
• Spouses employed by Yale may be limited to a combined total of 12 weeks (16 weeks under CT FMLA) of FMLA leave taken as a result of the birth or adoption of a child or placement of a child in foster care.

Xref: XCT

401.3 Serious Health Condition

"Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves:

• any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or
• continuing treatment by a health care provider with incapacity of more than three (3) consecutive calendar days and
  • two or more treatments by a health care provider; or
  • one treatment by a health care provider with a regimen of continuing treatment
    • A regimen of continuing treatment includes prescription medication or physical therapy
    • Incapacity means inability to work or go to school or perform other regular daily activities
• any period of incapacity due to pregnancy, or for prenatal care; or
• any period of incapacity due to a chronic condition(e.g., diabetes, epilepsy) which
  • requires periodic visits for treatment
  • continues over an extended period of time
  • may cause episodic rather than continuous incapacity
• a period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.); or
• any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.)

401.4 Medical Certification

Yale requires that the need for leave for a serious health condition of the employee or the employee's immediate family member be supported by a certification issued by a health care provider. Certification must be received within 15 calendar days of the leave request. Failure to provide the necessary documentation may result in a denial of the leave.

• The employee must have the medical provider fill out a Certification of Serious Health Condition form. This form can be found on the Human Resources Generalist website under forms: http://www.yale.edu/hronline/hrgeneralist/forms.html.

If the information provided on the Certification form is insufficient, Yale may ask the employee to go back to the doctor for further clarification. If still unclear, Yale may, at its own expense, require the employee to obtain a second medical certification from a health care provider. Yale may choose the health care provider for the second opinion. If the opinion of the employee's and the employer's designated health care providers differ, the employer may require the employee to obtain certification from a third heath care provider, again at the employer's expense. This third opinion shall be final and binding.

NOTE: All medical documentation will be provided directly to Human Resources. The determination of whether or not the physician's certification meets the FMLA requirements of a serious health condition will be made by Human Resources.

401.5 Job Reinstatement

Upon return from an approved FMLA leave, an employee will be reinstated to his or her original job, or to an equivalent job.