Family & Medical Leave

The Family & Medical Leave Act was adopted by Congress in 1993 to balance the demands of the workplace with the needs of employees and their families. This policy provides a mechanism for employees to access, and the University to administer, the benefits made available by this legislation.

Under this policy, employees may use paid leave, leave without pay, or donated voluntary shared leave (for approved recipients only) for absences from work due to childbirth, adoption or foster care placement, or a serious health condition of an employee or an employee's spouse, child or parent. An employee's job and benefits are protected while an employee takes leave under this policy, whether taken as vacation leave, sick leave, voluntary shared leave, leave without pay or any combination. 

It is the responsibility of the University to designate leave (either paid or unpaid) as Family & Medical Leave based on information provided by the employee. The University will exercise this responsibility by designating the date requested by the employee as the beginning of the period of Family & Medical Leave.

Employees should refer also to the Family Illness Leave, Voluntary Shared Leave, and Leave without Pay policies. EPA Faculty employees should refer also to the "Faculty Serious Illness, Major Disability, and Parental Leave Policy."

Faculty members at UNC-Chapel Hill are eligible for additional leave in the event of serious illness or disability or the birth or adoption of a child. When such qualifying events occur, these faculty leave benefits are coordinated with the University's FMLA policy such that a faculty member taking leave under either of these policies must concurrently exercise FMLA if the qualifications for FMLA leave are met. And likewise, a faculty member exercising FMLA when qualified must also use any leave available to them under the Faculty Serious Illness or Disability and Parental Leave Policies, when qualified.

Eligible Employees

An employee is eligible if:

• The employee's appointment is half-time or more, and is an SPA permanent, probationary, trainee, or time-limited position or is an EPA permanent employee (faculty or non-faculty), AND
• The employee has at least 12 months of service with the State (may be a combination of temporary and permanent status service), AND
• The employee has been in pay status at least 1040 hours (half-time) during the previous 12 months.

Exception: A request for up to 12 weeks of leave without pay from a non-temporary employee who does not meet the eligibility requirements for Family & Medical Leave must be approved by department management if the purpose of the absence is for the birth or adoption of a child or to be at home with the child during the first 12 months of life or adoption. However, the continued health care contribution benefit as described in this policy would not be available for this situation.

Temporary employees generally are not eligible for Family & Medical Leave. However if, by exception to the temporary employment policy, a temporary employee has been employed for more than 12 months; and if the employee has been employed for at least 1250 hours during the previous 12-month period, the employee is eligible to take leave (without pay) under this policy.

Student employees are not eligible for Family & Medical Leave.

Eligible Conditions

For eligible employees, Family & Medical Leave can be taken for any of the following reasons:

• The birth of a child and to care for the child following birth, so long as the leave is taken within 12 months of the birth of the child.
• To care for a child placed with an employee for adoption or foster care, so long as the leave is taken within 12 months of the placement.
• To care for an employee's child, spouse or parent, where that child, spouse or parent has a serious health condition.
• Because an employee has a serious health condition that makes the employee unable to perform the essential functions of his/her position.

Spouse: A husband or wife.

Parent: A biological parent, adoptive parent, or an individual who is in the position or place of a parent.

Child: A son or daughter who is under 18 years old (or who is 18 years old or older and incapable of self-care because of a mental or physical disability as defined by the Americans with Disabilities Act) and who is:

• a biological child; or
• an adopted child; or
• a foster child (a child for whom an employee performs the duties of a parent); or
• a step-child (a child of an employee's spouse); or
• a legal ward (a minor child placed by the court under the care of an employee as guardian); or
• a child for whom the employee is in the position or place of a parent.

Serious Health Condition:

An illness, injury, impairment, or physical or mental condition that involves either inpatient care in a hospital, hospice or residential medical care facility, or that involves continuing treatment by a health care provider. If inpatient care is not required, absence from work (or school, in the case of a child), or incapacity from normal activities is part of the definition of "serious health condition."

The period of actual physical disability associated with childbirth is considered a serious health condition and qualifies for Family & Medical Leave, whether as paid or unpaid leave.

Also included in the definition of "serious health condition" are chronic conditions which require periodic treatments, or conditions that may cause episodes of symptoms preventing the employee from reporting for work. Examples of such conditions may include, but are not limited to, most cancers, back conditions requiring extensive therapy or surgery, severe arthritis, severe nervous disorders, Alzheimer's disease, and kidney disease.

The department shall maintain the University contribution to an employee's coverage under the State of North Carolina's health insurance plan for the duration of Family & Medical Leave at the level and under the conditions that coverage would have been provided had an employee not taken leave. Coverage is maintained even if the employee uses leave without pay for some or all of the leave period. However, the employee continues to be responsible for providing all employee contributions to his/her benefits programs.

An employee must be reinstated to the same position s/he held when the leave began, or one of similar salary grade, pay, benefits and other conditions of employment. All benefits (e.g., leave earnings, retirement service credit) will continue to accrue during any period of paid leave. However, no benefits will accrue during any period of leave without pay.

Eligible employees may apply up to 12 work weeks of leave under this policy in any 12-month period. (The 12-month period is computed by counting back 12 months from the date the leave begins.) The 12 work weeks of leave do not need to be consecutive.

After a request for Family & Medical Leave is approved, periods covered by paid leave, leave without pay (including LWOP while drawing short-term disability benefits), and voluntary shared leave may be counted toward the 12 work weeks of leave to which an employee is entitled under this policy. (Remember that the employee designates when Family & Medical Leave begins.)

NOTE: Family & Medical Leave due to birth, adoption, or foster care placement is eligible for the full 12 weeks of FMLA coverage, regardless of any period of physical disability.  Family & Medical Leave for a serious health condition is limited to the timeframe indicated by the health care provider on the Medical Certification Form.  Therefore, some serious health conditions may not require or be eligible for an absence of 12 weeks.

A work week consists of the number of hours an employee is regularly scheduled to work each week. A reduced or intermittent work schedule during the period of Family & Medical Leave may result in an employee receiving Family & Medical Leave for more than 12 calendar weeks.

For example: An employee normally works 40 hours each week. The employee asks for a temporary reduced work schedule of 20 hours per week during his/her Family & Medical Leave. Under the Family & Medical Leave policy, this reduced work schedule may continue for up to 24 calendar weeks (the equivalent of 12 weeks of the employee's regular work week). See "Reduced and Intermittent Work Schedules" in this Policy for related information.

Leave without pay beyond the 12-week period covered by FMLA (or for employees who are not covered by this policy) is administered under the Leave Without Pay Policy. Employees on leave without pay not administered under the Family & Medical Leave policy who participate in the State of North Carolina health insurance plan are required to pay the full premium (including the University's contribution) in order to continue health insurance coverage during the period of leave without pay. An employee's job and benefits are not protected while an employee takes leave without pay not covered by FMLA.

See also the Family Illness Leave and Voluntary Shared Leave policies.

An employee has several options regarding how leave is to be taken under this policy, including vacation leave, sick leave, bonus leave, other accumulated time off, donations of voluntary shared leave, and leave without pay. In some cases, the specific situation will limit the options available.  Please note the following two issues when planning for paid and unpaid leave:

Paid Time Off Accruals: If an SPA non-exempt employee is scheduled for a period of leave (voluntary shared leave, Family & Medical Leave, leave without pay, etc.), and will not be able to use (or chooses not to use) earned compensatory time off or other accrued paid time off due to expire during the absence, then all such paid time off must be paid out as its expiration date occurs. (Note that the employee cannot use other available leave if s/he has any available PTO. See "Determining Time Worked" in the Related Subjects section below for details on prioritized application of leave and PTO.)

Voluntary Shared Leave: Shared leave is available only for serious health conditions lasting 20 consecutive work days or more.  Shared leave may be applied to the period of physical disability of the mother for a birth; however, shared leave cannot be used for the "bonding" period associated with the birth, nor can it be used for leave associated with adoption or foster care placement.

Birth of a Child

For the birth of a child, an employee may choose to exhaust available vacation, bonus, and/or sick leave, or use any portion of it, or go on leave without pay. These options are available to both parents. However, sick leave and/or donated shared leave may be used by the parent(s) only during the period of the mother's physical disability prior to and following the birth of a child.

An employee shall, if at all possible, give the supervisor at least 30 days advance notice of the need for leave, subject to the actual date of birth. If 30 days notice is not possible, an employee should give written notice of the need for leave as soon as practicable.

Adoption

For the adoption of a child, an employee may choose to exhaust available vacation or bonus leave, or any portion, and/or may choose to exhaust up to 30 days of sick leave, or go on leave without pay.  Shared leave donations are not allowed for adoptions.

An employee shall, if at all possible, give the supervisor at least 30 days advance notice of the need for leave, subject to the actual date of adoption. If 30 days notice is not possible, an employee should give written notice of the need for leave as soon as practicable.

Foster Care of a Child

For the foster care of a child, an employee may choose to exhaust available vacation or bonus leave, or any portion, or go on leave without pay. Use of sick leave and/or shared leave donations are not allowed for foster care placements.

An employee shall, if at all possible, give the supervisor at least 30 days advance notice of the need for leave, subject to the actual date of adoption. If 30 days notice is not possible, an employee should give written notice of the need for leave as soon as practicable.

Medical Reasons for a Child, Spouse or Parent (Other Than Birth)

For the illness or injury of an employee's child, spouse or parent, an employee may choose to exhaust available sick, vacation, and/or bonus leave, or any portion, or go on leave without pay.

For planned medical treatment necessitated by the serious health condition, the employee must make a reasonable effort to schedule treatment in the least disruptive way possible. If practicable, an employee should give at least 30 days advance notice of the need for leave.

Medical Reasons for an Employee

For medical reasons concerning the employee, the employee may choose to exhaust available vacation or bonus leave, or use any portion of it, before going on leave without pay.  However, the employee must have exhausted all sick leave before s/he may go on leave without pay.

If an employee's illness extends beyond the required 60-day waiting period for short-term disability, the employee may choose to exhaust the balance of available leave or to begin drawing short-term disability benefits, if the employee has been approved for the Disability Income Plan.

For planned medical treatment necessitated by the serious health condition, the employee must make a reasonable effort to schedule treatment in the least disruptive way possible. If practicable, an employee should give at least 30 days advance notice of the need for leave.

Management must approve an employee's request for a reduced or intermittent work schedule if the condition for which the request was made is a condition covered by the Family & Medical Leave policy.

Reduced Work Schedule - A work schedule involving fewer hours than an employee is normally scheduled to work. For example: A full-time employee requests a schedule of 30 hours a week, rather than 40 hours a week.

Intermittent Work Schedule - A work schedule in which an employee is not at work every scheduled work day, but works on an irregular basis, usually to accommodate some form of regularly scheduled medical treatment.

If a reduced or intermittent work schedule is foreseeable based on planned medical treatment, the supervisor may temporarily reassign an employee to a vacant position with the same pay and benefits, and which better accommodates the reduced or intermittent work schedule. The employee is entitled to be reinstated to his/her former position once the reduced or intermittent work schedule and/or temporary reassignment has ended.

If an employee works a temporarily reduced or intermittent work schedule and does not use paid leave to bring the number of paid hours up to the normal schedule, the department must complete a Temporary FTE Change in the Human Resources Information System (HRIS) or Salary/FTE Change in EPAweb showing the effective date of the change in the number of hours the employee is scheduled to work. The Comments section must indicate that this reduction is being processed under the Family & Medical Leave policy, and if applicable, that the employee is to remain on the health plan.

The department must inform the employee that a reduced or intermittent work schedule in which paid leave does not bring the employee up to his/her regular schedule of hours worked will result in the employee earning leave at a reduced rate.

Employees and their supervisors should review the Family & Medical Leave, Family Illness Leave, Voluntary Shared Leave, and Leave without Pay policies to understand the applicability of these programs to the employee's specific situation. EPA Faculty employees should refer also to the "Faculty Serious Illness, Major Disability, and Parental Leave Policy."

In order to apply for Family & Medical Leave:

1. The employee must complete a "Medical Leave Request Form" and the "Medical Certification Form" also completed and signed by a health care provider (if applicable) and submit to his/her supervisor for review.
2. Once approved by the supervisor and second-level supervisor, the employee must forward the signed documents along with a current leave record (if applicable) to:
   1. For SPA and EPA Non-Faculty: The Medical Leave Coordinator, Benefits & Employee Services Division, CB# 1045.
   2. For EPA Faculty: The Academic Personnel Office, CB# 8000.
3. The Medical Leave Coordinator (and Academic Personnel Office, if applicable) will review the documents for completeness and adherence to policy. If shared leave donations have been requested, the Medical Leave Coordinator will notify the HR Facilitator in the department of any donations as they occur.
4. The HR Facilitator for the department shall monitor the day-to-day leave tracking for the employee and notify the Medical Leave Coordinator once the employee has returned to work.

Leave for adoption or foster care placement requested under this policy must be supported by reasonable proof (eg, documentation from the licensed adoption agency or relevant court documents).

Where a reduced or intermittent work schedule is requested due to planned medical treatment, the tentative date(s) on which treatment is to be given and the approximate duration of treatment and its possible effects on the employee must be included in the physician's certification.

To make changes or additions to an already submitted medical leave request, complete a new Medical Leave Request Form and check the box marked "Supplement to Previous Request" in the upper right-hand corner of the first page.

In the event department management needs additional information or has reason to doubt the validity of the employee's first medical certification, the department may require an employee to submit to a second medical examination. The second physician shall be designated and paid by the department.

If the second opinion is different from the first certification, the department shall require an employee to be available for a third medical examination. The third physician shall be designated by both the employee and the department, and will be at the department's expense. The third physician's opinion is final and binding on the department and the employee.

The department may require, on a reasonable basis, subsequent re-certifications, at its expense, during the period of leave.  Recertification of a continuing condition may be required at the employee's expense for periods of leave in a new eligibility period. 

Failure to provide certification or recertification required by the University may result in denial of Family & Medical Leave coverage and/or dismissal for unacceptable personal conduct or separation due to continued unavailability for work. 

During the period of leave, the department may require reports from the employee at reasonable intervals (generally 30 calendar days or more) on his/her status and intentions to return to work. An employee should notify the supervisor in writing if he/she will not be returning from leave as planned. Failure to report back to work at the end of the scheduled leave may be considered a voluntary resignation.

A "Medical Leave - Return to Work Form" must be completed when the employee returns to work or when it is determined that the employee will not return to work.  Send the completed form to:

• For SPA and EPA Non-Faculty: The Medical Leave Coordinator, Benefits & Employee Services Division, CB# 1045.
• For EPA Faculty: The Academic Personnel Office, CB# 8000.

In some cases, department management may require additional medical certification as provided above to certify that the employee is able to return to work and perform the essential functions of the position. Department management should consult with the Office of Human Resources in making this determination. 

If a permanent employee's position has been abolished during the period of Family & Medical Leave due to a reduction in force, the employee is not entitled to reinstatement. However, a permanent employee may be eligible for severance pay and layoff priority as provided in the Layoff Policy. Supervisors must contact an employee as soon as it is known that an employee's position is being eliminated.

If an employee has more than 240 hours of vacation leave (pro-rated for part-time employees) when beginning Family & Medical Leave and returns to work in a new calendar year with a vacation leave balance in excess of 240 hours (pro-rated for part-time employees), the excess will be converted to sick leave upon the employee's return to work.

If an employee returns to work and remains at work for at least 30 calendar days following the end of the period of Family & Medical Leave, the employee is not required to repay the health insurance premiums. If an employee fails to return at the end of the period of leave or does not remain at work for at least 30 calendar days, the department may recover its portion of the health insurance premiums paid on the employee's behalf unless the failure to return is due to the continuation, recurrence or onset of a serious health condition, or other circumstances beyond the employee's control.

Family & Medical Leave shall be accounted for separate from Family Illness Leave or any other type of leave or leave without pay.  The employee's department is responsible for monitoring the length, use, and continuing eligibility of Family & Medical Leave for the employee.

When an employee transfers to another State agency or to another University department, the releasing department shall record and forward the dates and amount of Family & Medical Leave taken to the hiring agency or department.

All medical documentation, along with a copy of the employee's application for medical leave under this policy, is kept in Benefits & Employee Services Division, Office of Human Resources. Medical documentation under this policy is kept separate from employee personnel files and is confidential. The employee's department may retain a copy of the Medical Leave Request Form but must not retain a copy of the employee's Medical Certification Form.

For Departments Using the Time Information Management (TIM) System: 

Implementation of the Time Information System (TIM) to track work hours, special pay, and leave for University employees began its phased implementation in August 2007.  See "TIM Website" in the Related Subjects section below for information on recording and tracking Family & Medical Leave.

Employee groups not yet moved into the TIM system follow the recordkeeping structure defined below. 

For Departments Using Employee Time Records:

For permanent SPA non-exempt employees who complete an Employee Time Record: All Family & Medical Leave hours are recorded under the coded leave column with a code "F".  Additional information regarding the absences may be provided in the "Explanations" section of the Time Record.

For permanent SPA exempt employees, accrual and use of Family & Medical Leave shall be recorded and tracked by the department's HR Facilitator or TIM Administrator.
See also "Leave/PTO Payouts & Transfers".

If you have questions about your current leave balance, contact your HR Facilitator.

If you have questions about Medical Leave Policies, contact your HR Facilitator or contact the Benefits Specialist assigned to work with your department. 

If you have questions about your benefits coverage related to medical leave, contact the Benefits Specialist assigned to work with your department.

If you have questions about Faculty Leave, contact the Academic Personnel Office.