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Family Medical Leave Act (FMLA)

The Family Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for any of the following reasons:

  • for the birth and care of the newborn child of an employee;
  • for placement with the employee of a child for adoption or foster care;
  • to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
  • the employee is unable to work because of a serious health condition.

Employees are eligible for leave if they have worked at least 12 months and at least 1,250 hours over the past 12 months.

FMLA Process and Paperwork

It is the employee's responsibility to notify their manager and HR of an anticipated leave at least 30 days in advance, when applicable.

  1. Employee notifies manager and HR (ext. 3464) of need for Leave by completing the FMLA Leave Request Form
  2. HR sends the employee and manager a Notice of Eligibility and Medical Certification form to be completed and returned by the physician.
  3. Once HR receives completed Medical Certification, the employee is sent a Notice of Designation that identifies whether the time has been approved as FML.
  4. If the employee is approved for FML they are responsible for entering FML absences into BearTrax. FML runs concurrently with any available leave balances the employee may have.
  5. A Return to Work form (DOC) is completed by the physician and submitted to HR prior to returning to work, if applicable.

Leave of Absence (LOA) and Disability Leave

SEA

Upon exhaustion of sick leave and unpaid FML leave, a faculty member may request and be granted a leave of absence without pay for a documented medical condition. The length of unpaid medical leaves (upon exhaustion of sick leave and FML) will be based on the projected return date provided by the attending medical practitioner and shall not exceed one (1) academic year.

Please refer to: SEA Agreement Article 17(B) (PDF)

CWA

An employee who suffers an injury or illness which prevents the employee from working may receive, upon request, a disability leave. In order to be paid leave, the employee may opt to use earned but unused sick time, vacation, or comp time. The total amount of time on such leave, paid or unpaid, for the same injury or illness shall not exceed fifty-eight (58) calendar weeks, unless an extension of such leave is mutually acceptable to the University and the employee. The fifty-eight (58) weeks shall be reduced by FML used for the same injury or illness.

Please refer to: CWA Agreement Article 16(C) (PDF)

Administration

Full-time Administrative and ATSS employees may be granted a disability leave of absence in the event of a disabling illness or injury (except work related in which case workers’ compensation rules will apply) that extends beyond leave provided under FMLA.

The duration of disability leave will be based on the projected return date provided by the attending physician. An initial request for disability leave may be for one year or less. A disability leave may be extended one additional year with a request for such extension to be made no later than sixty (60) days prior to the originally scheduled return date. The total amount of time on such leave, paid or unpaid, for the same injury or illness, may not exceed two years. The amount of time shall be reduced by family medical leave used for the same injury or illness.

Please refer to: Administrative Policy 4.52 Section 8.0 (PDF)

LOA Process and Paperwork

It is the employee’s responsibility to notify their manager and HR of the leave in advance, when applicable.

  1. A written request for a LOA may be submitted at least one (1) week prior to the effective date, except in emergency cases, to the HR Director.  A physician statement must be included, indicating the general nature of the illness, date of medical treatment, and the conditions under which the employee is released to return to work or a statement from the attending physician verifying the illness or injury of the employee’s immediate family member.
  2. When practicable, the employee will notify HR of his/her need to utilize medical leave thirty (30) working days prior to the beginning of each semester in which the employee is on unpaid leave status.

Disability Leave Process and Paperwork

If an employee requires additional leave time for personal illness beyond the covered sick leave, the employee may request a disability leave by submitting a written request to the HR Director.

  1. A written request for disability leave may be submitted to the HR Director along with a physician statement indicated general nature of injury/illness and projected return date.
  2. Prior to returning to work, the employee must provide HR with the attending physician’s Return to Work form (DOC) attesting to his/her ability to perform the essential job duties.

Worker’s Compensation/Work Related Injuries

The Office of Workers' Compensation Programs administers four major disability compensation programs which provide wage replacement benefits, medical treatment, vocational rehabilitation and other benefits to certain workers or their dependents who experience work-related injury or occupational disease.

Worker’s Compensation Process and Paperwork

It is the employee’s responsibility to notify DPS and HR within 24 hours of a work related injury or illness.

  1. If you have been injured, or become suddenly ill on the job, you must report the injury or illness to the Department of Public Safety at ext. 3243 (campussecurity@shawnee.edu) AND Human Resource at ext. 3464 (Karms@shawnee.edu)
  2. A First Report of Injury Form must be completed within 24 hours of the injury or illness. (paper copies are available in DPS and HR)

Americans with Disabilities Act (ADA) Accommodations

To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.

ADA Process and Paperwork

Employee contacts HR (ext.3464)

  1. Employee can complete the Employee Request for Accommodation Form (PDF)

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