FMLA Frequently Asked Questions
Q. In determining eligibility, does the 12 months of service have to be continuous or consecutive with the employer?
A. No. The 1,250-hour requirement includes only hours actually worked for UMass Amherst. Any paid or unpaid leave time, or other time not worked, is excluded when determining eligibility.
Q. How is the 1250-hour eligibility requirement calculated under FMLA?
A. FMLA is calculated by looking at the 12-month period measured backward from the start date of the employee’s requested leave period.
Q. What are the leave options while on FMLA?
A.
- Continuous leave - An employee is absent for more than 3 consecutive days and has ongoing medical treatment.
- Intermittent leave - An employee takes leave in periodic increments of time; hourly, daily, and/or weekly increments.
- Reduced schedule leave - An employee continues to work, but the employee’s regular work schedule is reduced to a certain number of hours per day, week, and/or month.
Q. What is a Serious Health Condition?
A. Conditions requiring an overnight stay in a hospital or other medical care facility.
Conditions that incapacitate you or your family member (for example, unable to work or attend school) for more than three consecutive days and have ongoing medical treatment (either multiple appointments with a health care provider, or a single appointment and follow-up care such as prescription medication.
Chronic conditions that cause occasional periods when you or your family member are incapacitated and require treatment by a health care provider at least twice a year; and pregnancy (including prenatal medical appointments, incapacity due to morning sickness, and medically required bed rest).
Q. Am I required to prove that I have a serious health condition?
A. Yes, to qualify for FMLA you must complete a certification issued by a health care provider regarding either your own serious health condition or a serious health condition of an immediate family member. You have 15 calendar days to obtain the medical certification.
Q. Would the common flu or a severe cold be covered under the FMLA if I am out for more than three days?
A. Typically, such transient illnesses are not considered a serious health condition and would not, therefore, be covered under FMLA. Please reach out to us at AskHR to discuss the situation and allow the Employee Accommodations and Absence Support (EAAS) Team to determine eligibility.
Q. Do I have to give my employer my medical records for leave due to a serious health condition?
A. No. At UMass Amherst, we will never ask for your personal medical records. At UMass Amherst we ask employees to provide a medical certification containing sufficient medical facts to establish that a serious health condition exists.
Q. Who can see my completed medical certification form?
A. Only the EAAS team in Office of Human Resources will have access to the medical certification form. Do not provide your medical certification to your supervisor or HR Business Partner. You can submit your medical certification to General Submissions.
Q. What happens if I am notified that my medical certification is incomplete?
A. A complete medical certification is needed to be approved for FMLA. We will advise you if your medical certification is incomplete and provide you an additional 7 calendar days to have your healthcare provider update the form with the requested information.
Q. How often can UMass Amherst ask for medical certifications for an on-going serious health condition?
A. The regulations allow an employer to request a recertification if the employee requests an extension of leave, the circumstances described in the previous certification have changed significantly, or if the employer receives information that casts doubt upon the employee’s stated reason for the absence or the continuing validity of the certification. Additionally, employers may request a new medical certification each leave year for medical conditions that last longer than one year. The FMLA team will contact you if a recertification is needed.
Q. Can UMass Amherst require employees to submit a Return-to-Work form before returning to work after being absent due to a serious health condition?
A. Yes, UMass Amherst requires employees on continuous FMLA for their own serious health condition to complete a Return-to-Work form. This form is needed after being out on continuous leave to confirm that you are medically cleared to return-to-work. The form and additional information will be provided in your FMLA designation notice. Submit completed Return-to-Work form to General Submissions or Fax to 413-573-8012.
Q. What happens if I do not submit a requested medical certification?
A. If an employee fails to timely submit a properly requested medical certification, FMLA protection for the leave may be delayed or denied. If the employee never provides a medical certification, then the leave is not FMLA leave.
Q. How does UMass Amherst calculate FMLA?
A. FMLA is tracked by calendar year (January 1- December 31).
Q. Can I take leave for my own serious health condition and leave for the care of a family member during the same calendar year?
A. Yes. Eligible employees may use FMLA leave for their own serious health condition and to care for a family member with a serious health condition during the same leave year. The total amount of FMLA leave used for all qualifying reasons combined may not exceed the employee's available FMLA entitlement.
Q. What do I need to do if I need FMLA beyond the current calendar year?
A. An employee must reapply for FMLA every new calendar year, and a new medical certification may be required.
Q. What happens if I exhaust my FMLA and I still need leave?
A. If you exhaust your FMLA entitlement and still require leave, additional leave may be available through Massachusetts Paid Family and Medical Leave (PFML) and/or the leave provisions of your collective bargaining agreement. Please reach out to the EAAS team at AskHR for additional information.
Q. When can a parent take leave for a newborn?
A. Eligible employees may take leave to bond with a newborn child. Leave may be available under the Family and Medical Leave Act (FMLA), Massachusetts Paid Family and Medical Leave (PFML), parental leave provisions, and applicable collective bargaining agreements or University policies. Please reach out to the EAAS team at AskHR for additional information to understand eligibility and available leave options, as leave entitlements and benefits may vary depending on the circumstances.