Family and Medical Leave
The federal Family and Medical Leave Act (FMLA) guarantees eligible employees up to 12 weeks of unpaid job and benefits-protected Family and Medical Leave (FML) in a rolling 12-month period for one or more of the following reasons:
- the birth, adoption or foster placement of a child (at U of I a portion of this may be covered by paid parenting leave)
- to care for a serious medical condition
- to care for an immediate family member (spouse, child, parent) with a serious medical condition
- for qualifying exigencies arising out of the fact that the spouse, child or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the armed forces
The FMLA also grants up to 26 weeks of leave during any single rolling 12-month period if the employee is the spouse, child, parent or next of kin caring for a covered military service member or veteran recovering from an injury or illness suffered while on active duty in the armed forces, that existed before the beginning of the member’s active duty and was aggravated by service, or that manifested itself before or after the member became a veteran.
Approved FML may be taken continuously, intermittently or to create a reduced schedule in accordance with needs documented by a healthcare provider.
Eligibility
Employees are eligible for FML if they:
- Have been employed by the university for at least 12 months
- Have worked at least 1250 hours during the 12-month period immediately before taking FML
How To Apply
Submit an application for FML at least 30 days before the start of leave or as soon as the need for leave is foreseeable. Benefit Services will confirm your eligibility and provide guidance as you submit required medical documentation.
Compensation
FML is unpaid leave. Its purpose is to provide protection so that you maintain your benefits while on leave and can return to your job upon your return from leave. However, you may be able to use sick leave, annual leave, comp time, short-term disability, etc. concurrently with FML for wage replacement.
- Employee Rights and Responsibilities pdf
- Apply for FML
- Form WH-380-E - Certification of Health Care Provider for Employee’s Serious Health Condition pdf
- WH-380-F - Certification of Health Care Provider for Family Member’s Serious Health Condition pdf
- WH-384 - Certification of Qualifying Exigency For Military Family Leave pdf
- WH-385 - Certification for Serious Injury or Illness of Covered Service Member - for Military Family Leave pdf
Frequently Asked Questions
Yes. Approved FML may be taken continuously, intermittently or to create a reduced schedule, in accordance with needs documented by a healthcare provider.
Yes. FML provides protection to ensure that you maintain your benefits and can return to your job upon your return from leave. Sick leave, worker's comp and short-term disability do not provide this protection, although you may use them concurrently with FML for wage replacement.
Yes. FML is unpaid leave, but you may concurrently use sick leave, annual leave, comp time, shared leave and/or short-term disability for wage replacement.
No, you only need to apply for FML if you plan to take leave during the academic year.
An “immediate family member” for the purpose of FML is defined as your:
- Spouse
- Parent
- Child under age 18
- Child age 18 or older and incapable of self-care because of a mental or physical disability.
If you have not submitted an application, but you are unable to work and the university has reason to believe your leave may qualify for FML (for example, if you experience a sudden and severe medical situation and are temporarily unable to act), the university can designate you for FML. You will be notified in writing that you meet the eligibility criteria and will need to provide a medical certification to support FML within 15 days of the receipt of the letter.
Yes, if you are unable to complete the FML application, a family member or someone else can complete the form for you.
Your supervisor will be notified only after your FML has been approved. Upon approval, your supervisor will be notified of the anticipated start date and duration of your FML. Medical information related to your leave will not be shared with your supervisor.
Yes. Medical information related to your need for leave, including ongoing medical updates, will never be shared with anyone without your written permission. Information shared with your supervisor/unit about your return to work will outline any restrictions documented by your healthcare provider, but will not contain any medical information related to the restrictions.