FMLA Frequently Asked Questions and Answers

How much leave am I entitled to under FMLA?

If you are an "eligible" employee, you are entitled to 12 weeks, or 60 days, or 480 hours of leave for certain family and medical reasons during a 12-month period.

How is the 12-month period calculated under FMLA?

Miami University has selected to use its fiscal year (July 1 – June 30).

Does the law guarantee paid time off?

Miami University requires all employees to use any accrued time they have with the exception of compensatory time. If an employee is actively involved with Worker’s Compensation, they can elect to use accrued time or take unpaid leave.

Does workers’ compensation leave count against an employee’s FMLA leave entitlement?

FMLA leave and workers’ compensation leave can run together, provided the reason for the absence is due to a qualifying serious illness or injury and the employer properly notifies the employee in writing that the leave will be counted as FMLA leave.

Who is considered an immediate "family member" for purposes of taking FMLA leave?

An employee’s spouse, children (son or daughter), and parents are immediate family members for purposes of FMLA at Miami. The term "parent" does not include a parent "in-law". The terms son or daughter do not include individuals age 18 or over unless they are "incapable of self-care" because of mental or physical disability that limits one or more of the "major life activities" as those terms are defined in regulations issued by the Equal Employment Opportunity Commission (EEOC) under the Americans With Disabilities Act (ADA).

Which employees are eligible to take FMLA leave?

Employees are eligible to take FMLA leave if they have worked for Miami for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months. Employees with less than one year of Miami service are not entitled to unpaid medical leave.

Do the 12 months of service with the employer have to be continuous or consecutive?

No. The 12 months do not have to be continuous or consecutive; all time worked for the employer is counted.

Do the 1,250 hours include paid leave time or other absences from work?

No. The 1,250 hours include only those hours actually worked for the employer. Paid leave and unpaid leave, including FMLA leave, are not included.

Do I have to give my FMLA request forms to my immediate supervisor?

No. FMLA request forms, once completed by the employee and signed by the physician, are to be turned in to the Human Resources Department by the employee.

Do I have to give my employer my medical records for leave due to a serious health condition?

Miami requires employees to provide a completed “Certification of Health Care Provider” for an initial leave request.The employer may require a new “Certification for Health Care Provider” every 30 days.

Can my employer require me to return to work before I exhaust my leave?

Subject to certain limitations, your employer may deny the continuation of FMLA leave due to a serious health condition if you fail to fulfill any obligations to provide supporting medical certification. The employer may not, however, require you to return to work early by offering you a light duty assignment.

Are there any restrictions on how I spend my time while on leave?

Employees on family or medical leave are not permitted to perform services for remuneration for other employers (including self-employment), as an independent contractor, partner, sole proprietor, principal in a corporation, or for any other individual or entity.

Can my employer refuse to grant me FMLA leave?

If you are an "eligible" employee who has met FMLA’s notice and certification requirements (and you have not exhausted your FMLA leave entitlement for the year), you may not be denied FMLA leave.

Do I have to use all of my paid and accrued leave before I am eligible for FMLA?

Employees eligible for FMLA use their paid and accrued leave during the leave period with the exception of compensatory time.

Do I have to use all of my paid and accrued leave before I am eligible for FMLA?

Employees eligible for FMLA use their paid and accrued leave during the leave period with the exception of compensatory time.

What are my responsibilities during my FMLA pending status?

The employee must use the departmental call in procedures and state FMLA.

Who tracks my FMLA Use?

The supervisor is responsible for tracking FMLA hours used by their employee.