Fordham University Family and Medical Leave Act (FMLA) Policy

Policy Statement

Fordham University will provide Family and Medical Leave Act (FMLA) benefits to eligible employees. 

Reason for the Policy

The purpose of this policy is to provide employees with a detailed description of their FMLA rights. In the event of any conflict between this policy and the applicable law, employees will be afforded all rights required by law.

Responsible University Office/Officer

Office of Human Resources Management

Nancy Hark, Esq.
Assistant Vice President of Human Resources
(718) 817-4930
[email protected]

Applicability of the Policy

This policy is applicable to all University employees who meet the minimum service requirements specified in the policy.

Policy Text

A) Eligibility

Employees become eligible to take Family Medical Leave for a qualifying event once they have met the minimum time-worked requirements below:

• Have worked for the University for at least 12 months;
• Have at least 1,250 hours of service for the University during the 12-month period immediately preceding the leave. Only “worked” hours are included; time spent on vacation, sick days or other paid or unpaid leave are excluded.
• Special hours of service eligibility requirements apply to airline flight crew employees (not applicable to Fordham).
• An employee returning from fulfilling a USERRA-covered military service obligation is credited with the hours of service that would have been performed but for the period of military service. The employee’s pre-service work schedule can generally be used for calculations to determine hours that would have been worked during the period of military service.

B) Qualifying Events

• Employee’s “serious health condition” is a health condition that makes the employee unable to perform the essential functions of their job (see definition below);
• The birth of a child and to care for a newborn child within one (1) year of birth;
• The placement of a child for adoption or foster care, and to care for the newly placed or adopted child within one (1) year of the placement or adoption;
• To care for a spouse, child, or parent who has a serious health condition;
• Reasons related to a family member’s service in the military (Military Leave), including:
  • Qualifying Exigency Leave - Leave for certain reasons related to a family member’s covered act of duty
  • Military Caregiver Leave – to care for an injured or ill covered service member or veteran (child, parent, spouse or next of kin)

Serious Health Condition Definition

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves:

• conditions requiring an overnight stay in a hospital or other medical care facility;
• conditions that incapacitate the employee or their family member (for example, unable to work or attend school) for more than three (3) consecutive days and require 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 the employee or their family member are incapacitated and require treatment by a health care provider at least twice a year; and
• pregnancy (including, but not limited to, prenatal medical appointments, incapacity due to morning sickness, and medically required bed rest).

C) General Provisions Under the Policy

When an employee has been out of work for more than five (5) consecutive days, an FMLA claim should be filed to certify their continued absence for a serious health condition.

Under this policy, Fordham University provides the following benefits:

1. Leave Benefits:

a) Leave Benefit: Up to 12 weeks of leave within a consecutive 52-week period for an employee’s own serious health conditions, to care for a close relative, and/or bonding with a new baby or newly adopted/foster child.

b) Up to 26 weeks of leave within a consecutive 12-month period for qualifying events to care for a covered service member with a serious injury or illness. The 12-month period is a rolling 12-month period, measured backward from the date an employee uses any leave under this policy.

c) Leave can be taken all at once, intermittently, or as a reduced schedule (refer to paragraph D, below).

d) If both parents work for the University and each wish to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent (but not a parent "in-law") with a serious health condition, the spouses may only take a combined total of 12 weeks of FMLA leave^[1]. If spouses/LDAs (“Legally Domiciled Adults”) both work for the University and each wish to take leave to care for a covered injured or ill service member, the spouses/LDAs may only take a combined total of 26 weeks of leave.

2. Wages: FMLA is unpaid leave. Accrued sick and vacation time, or salary continuation if applicable, may be used to supplement pay while on FMLA leave.
3. Healthcare and Life Insurance Benefits: The University provides continued healthcare and life insurance coverage provided the employee continues to pay their contributions toward the insurance costs. For any portion of the leave in which the employee is paid, the University will continue to make payroll deductions to collect the employee’s share of the premium. Employees should make arrangements with the Office of Human Resources Management regarding paying the premium for any portion of the leave in which they are unpaid. The University has the right to cancel coverage if the payment is delayed by more than 30 days. The University will provide 15 days' notification prior to the employee's loss of coverage.
4. Job Protection: Most employees on FMLA are entitled to return to the position they held when the leave commenced, or to a comparable position with comparable benefits, pay, and other terms and conditions of employment.
5. Status of Other Benefits:

i. Employees will not accrue vacation or sick time while on unpaid leave unless otherwise specified in a Collective Bargaining Agreement and will not be paid for University holidays or breaks.

ii. For FMLA leaves involving the adoption or foster care placement of a child, the care of a family member with a serious health condition, military exigency, or military caregiver leave, employees may use accrued vacation and personal leave prior to being eligible for unpaid leave.

D) Types of FMLA Leaves

1. Continuous: Employees can take leave in a single block of time.
2. Intermittent: When medically necessary, employees can take leave in separate blocks of time for a single qualifying reason.
3. Reduced Schedule: Employees can have their usual weekly or daily schedule reduced.

E) Relationship with Other Leaves of Absence

Generally, FMLA is an unpaid leave of absence. If, however, an employee is on another form of leave such as a disability leave, workers' compensation leave, or New York Paid Family Leave, the other leave will run concurrently with Fordham’s FMLA Leave. During a leave that qualifies under NYS Disability Benefit Law (NY DBL) or New York State Paid Family Leave Law (NYS PFL), the employee may collect the benefits under those applicable laws.

In all cases, employees will be required to comply with all applicable requirements (e.g., application, certification, notice, etc.) under these policies.

The chart below shows the applicable benefits when Fordham’s FMLA Leave runs concurrently with other leaves.

Qualifying Event	Concurrent With	Fordham Paid Benefits*	Statutory Benefits
Employee’s Own Serious Health Condition	Short-term Disability (DBL)	Faculty and Full-Time SEIU - Salary continuation pursuant to faculty statutes. Administrator - Salary continuation up to six (6) months based on years of service. Clerical - Must use accrued sick time.  May use vacation time. Maintenance - Must use accrued sick time. May use vacation time. Part-time SEIU - Must use accrued sick time. Graduate Student Workers - Must use accrued sick time. Resident Assistants - Must use accrued sick time and must receive approval from the Dean or designee before a leave of absence.	Faculty and Full-Time SEIU - Eligible for NY Disability Benefits. Administrator - Eligible for NY Disability Benefits. Clerical - Eligible for NY Disability Benefits. Maintenance - Eligible for NY Disability Benefits. Part-time SEIU - Eligible for NY Disability Benefits. Graduate Student Workers - Eligible for NY Disability Benefits. Resident Assistants - Eligible for NY Disability Benefits and must receive approval from the Dean or designee before a leave of absence.
Caring for a Relative with a Serious Health Condition	New York Paid Family Leave	Faculty and Full-Time SEIU -See University Statutes Section 4-05.10 “Family-Related Leave.” Administrator - May use accrued sick and vacation time. Clerical - May use accrued sick and vacation time. Maintenance - May use accrued sick and vacation time. Part-time SEIU - Must use accrued sick time. Graduate Student Workers - Must use accrued sick time. Resident Assistants - Must use accrued sick time and must receive approval from the Dean or designee before a leave of absence.	Faculty and Full-Time SEIU - Eligible for NY Paid Family Leave Benefits. Administrator - Eligible for NY Paid Family Leave Benefits. Clerical - Eligible for NY Paid Family Leave Benefits. Maintenance - Eligible for NY Paid Family Leave Benefits. Part-time SEIU - Eligible for NY Paid Family Leave Benefits. Graduate Student Workers - Eligible for NY Paid Family Leave Benefits. Resident Assistants - Eligible for NY Paid Family Leave Benefits and must receive approval from the Dean or designee before a leave of absence.
Pregnancy and Childbirth		Faculty and Full-Time SEIU- See University Statutes Section 4-05.10 “Pregnancy-Related Disability Leave.” Administrators- Salary continuation up to six (6) months based on years of service. Clerical - Must use accrued sick time.  May use vacation time. Maintenance - Must use accrued sick time. May use vacation time. Part-time SEIU - Must use accrued sick time. Graduate Student Workers - Must use accrued sick time. Resident Assistants - Must use accrued sick time and must receive approval from the Dean or designee before a leave of absence.	Faculty and Full-Time SEIU- Eligible for NY Disability Benefits. Administrator - Eligible for NY Disability Benefits. Clerical - Eligible for NY Disability Benefits. Maintenance - Eligible for NY Disability Benefits. Part-time SEIU - Eligible for NY Disability Benefits. Graduate Student Workers - Eligible for NY Disability Benefits. Resident Assistants - Eligible for NY Disability Benefits and must receive approval from the Dean or designee before a leave of absence.
Child Bonding	New York Paid Family Leave	Faculty and Full-Time SEIU- See University Statutes, Appendix 4, section A-16, “Academic Workload Relief.” Administrator - Fully paid parental leave for twelve (12) weeks pursuant to Enhanced Parental Leave[1]. Clerical - May use accrued sick and vacation time. Maintenance - May use accrued sick and vacation time. Part-time SEIU - Must use accrued sick time. Graduate Student Workers - Must use accrued sick time. Resident Assistants - Must use accrued sick time and must receive approval from the Dean or designee before a leave of absence.	Faculty and Full-Time SEIU - Eligible for NY Paid Family Leave Benefits in conjunction with Academic Workload Relief. Administrator - Eligible for NY Paid Family Leave Benefits. Clerical - Eligible for NY Paid Family Leave Benefits. Maintenance - Eligible for NY Paid Family Leave Benefits. Part-time SEIU- Eligible for NY Paid Family Leave Benefits. Graduate Student Workers - Eligible for NY Paid Family Leave Benefits. Resident Assistants - Eligible for NY Paid Family Leave Benefits and must receive approval from the Dean or designee before a leave of absence.
Military Leave	New York Paid Family Leave	Faculty and Full-Time SEIU - Salary continuation pursuant to faculty statutes. Administrator - May use accrued sick and vacation  time. Clerical - May use accrued sick and vacation time. Maintenance - May use accrued sick and vacation time. Part-time SEIU - Must use accrued sick time. Graduate Student Workers - Must use accrued sick time. Resident Assistants - Must use accrued sick time and must receive approval from the Dean or designee before a leave of absence.	Faculty and Full-Time SEIU- Eligible for NY Paid Family Leave Benefits. Administrator - Eligible for NY Paid Family Leave Benefits. Clerical - Eligible for NY Paid Family Leave Benefits. Maintenance -  Eligible for NY Paid Family Leave Benefits. Part-time SEIU- Eligible for NY Paid Family Leave Benefits. Graduate Student Workers - Eligible for NY Paid Family Leave Benefits. Resident Assistants - Eligible for NY Paid Family Leave Benefits and must receive approval from the Dean or designee before a leave of absence.

_{*While out on leave of absence, employees will not receive more than 100% of normal salary.}

F) Procedure for Applying for FMLA Leave

FMLA is administered by the University's third-party administrator (TPA), currently MetLife.

It is the responsibility of the employee to timely submit their requests for FMLA directly to MetLife. Please follow the steps below to apply for FMLA:

1. Provide Notice to Supervisor and the Office of Human Resources Management: Employees must provide at least 30 days’ advance notice to their supervisor and the Office of Human Resources Management at [email protected] of their intent to use Family Medical Leave, if it’s foreseeable. If the event is not foreseeable, the employee must provide the notice as soon as possible.
2. Submit Application for FMLA to MetLife: Employees can submit an application for FMLA to MetLife by:

a) Calling MetLife’s customer service support desk at 1-888-762-2347 between 8 a.m. – 11 p.m. ET, Monday through Friday; or

b) Applying online at metlife.com/mybenefits (employees will have to create an account if they are accessing the site for the first time.)       

Employees may need to provide and/or verify the following information:

a) Personal Information: mailing address, phone number, SSN, employee ID number, job title, workplace location, work schedule, date of hire, and supervisor’s name, email address, and phone number;

b) Qualifying Event for Leave: e.g. child bonding - natural birth, adoption or foster care; care for a sick family member - relationship to family, member; or military exigency family leave - relationship to family member;

c) Type of Leave: continuous, intermittent or reduced schedule;

d) Anticipated Leave Schedule: last day worked, leave start date, or anticipated return to work; and

e) Authorization: to release family member’s medical information to MetLife.

       3. For Intermittent or Reduced Leave, employees are required to proceed as follows:

i) Provide their supervisor with notice as soon as practicable before each day of intermittent leave. Additionally, the employee must report the leave to MetLife within seven (7) days of the absence for approval, and MetLife may deny the leave if it is not filed within this timeframe.

ii) If the leave is needed for planned medical treatment and filed as a reduced schedule leave, the employee must make a reasonable effort to schedule the treatment so as not to unduly disrupt the University’s operations.

iii) For the birth, adoption, or foster care of a child, the supervisor and the employee must mutually agree on the schedule before the employee may take leave intermittently or work a reduced-hour schedule. The leave must be taken within one (1) year of the birth or placement of the child.

iv) If an employee is taking leave for a serious health condition or for the serious health condition of a family member, the employee should attempt to reach an agreement with the supervisor about the intermittent or reduced schedules. If such an agreement is not possible, then the employee must prove that the schedule is medically necessary.

v) The University may temporarily transfer an employee to an alternative position with equivalent pay and benefits for which the employee is qualified and that better accommodates an intermittent or reduced-work schedule.

G) Approval of FMLA Leave and Certification/Recertification Requirements

MetLife will review the documentation submitted by employees to support their need for FMLA leave and provide an approval or denial decision, as required by the law, within 21 calendar days of receiving the completed request or the employee's first day of leave, whichever is later.

If MetLife determines that certification of medical condition is required for approving the leave, the employee will be notified and must respond to the request within 15 days, unless a reasonable explanation for the delay is provided. Failure to provide certification may result in denial of continuation of leave.

Notice of Eligibility for, and Designation of, FMLA Leave

Employees requesting FMLA leave are entitled to receive written notice from the University telling them whether they are eligible for FMLA leave and, if not eligible, the reasons why they are not eligible. When eligible for FMLA leave, employees are entitled to receive written notice of: 1) their rights and responsibilities in connection with such leave; 2) University's designation of leave as FMLA-qualifying or non-qualifying, and if not FMLA-qualifying, the reasons why; and 3) the amount of leave, if known, that will be counted against the employee's leave entitlement.

The University may retroactively designate leave as FMLA leave with appropriate written notice to employees provided the University's failure to designate leave as FMLA-qualifying at an earlier date did not cause harm or injury to the employee. In all cases where leaves qualify for FMLA protection, the University and employee can mutually agree that leave be retroactively designated as FMLA leave.

Depending on the circumstances and duration of FMLA leave, employees may be required to provide recertification of the medical conditions that necessitate their leave. If recertification is required, employees will be notified and will have 15 calendar days to provide the necessary documentation.

The University reserves the right to seek a second opinion from health care providers of its choice, at no cost to the employee, if it has reason to doubt the certification submitted by the employee. If it is necessary to resolve a conflict between the original certification and the second opinion, the University will require a third opinion. The University and the employee will mutually select the third doctor, and the University will pay for the opinion. This third opinion will be considered final. Employees will be provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion. The University may deny FMLA leave to an employee who refuses to release relevant medical records to the health care provider designated to provide a second or third opinion.

Employees can check the status of their claim at any time by visiting ww.metlife.com/mybenefits or by calling MetLife customer service support desk at 1-888-762-2347 between 8 a.m. – 11 p.m. ET, Monday through Friday.

If an employee's FMLA claim is denied, they will receive notification from MetLife indicating the reason for the denial. The notification will also include contact information to informally dispute the decision before seeking arbitration.

H) Outside Employment While on Leave

Employees on FMLA are required to adhere to the Fordham University Employee Handbook, under “Section 1 - Governing Principles of Employment - Dual Employment Activities” and the Conflicts of Interest Policy when engaging in employment outside the University. Depending on the nature of the outside employment and the reason an employee is on FMLA, the University will consider whether engaging in outside employment may constitute evidence of fraud.

I) Return from Leave

An employee who takes leave for their own serious health condition will be asked to provide a fitness for duty (FFD) clearance from a health care provider five (5) days prior to returning to work. The clearance should include the date the employee is able to return, any, if at all, employee restrictions, and an estimated end date for the restrictions. The clearance will be reviewed to determine if accommodations to the employee's position are necessary. Generally, an employee who takes FMLA leave will be able to return to the same position or a position with equivalent status, pay, benefits and other employment terms and conditions. The University may choose to exempt certain key employees from this requirement and not return them to the same or similar position.

J) Protection from Discrimination and Retaliation

The University will not discriminate and/or retaliate against any employee for inquiring about, applying for, or using FMLA.  Employees who believe they have experienced discrimination and/or retaliation should immediately notify their supervisor and the Office of Human Resources Management.

If an employee feels that they may have been discriminated against for requesting or taking Family Leave, or have not been restored to the job they had prior to taking FMLA, or to a comparable job upon return, please contact the Office of Human Resources Management at [email protected].

K) Questions about FMLA

Questions regarding FMLA can be addressed to MetLife at 1-888-762-2347 between 8 a.m. – 11 p.m. ET, Monday through Friday.

Questions regarding this policy can also be addressed to the Office of Human Resources Management Benefits Team by email at [email protected] or by calling (718) 817-4930.

For additional information concerning leave entitlements and obligations that might arise when FMLA is either unavailable or exhausted, employees should consult the University’s other leave policies or contact the Office of Human Resources Management at [email protected].

The University is committed to complying with the FMLA and will interpret and apply this policy in a manner consistent with the FMLA. Employees who disagree with a denial of their claim for FMLA may contact the University or MetLife for information on the appeal process.

_____________________________________________________

_{[1] Both parents may be entitled to NYPFL (See NYPFL policy).
^[2] Administrators may be entitled to Enhanced Parental Leave (See EPL policy).}

DEFINITIONS

a) A “son or daughter of a covered service member” means the covered service member's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the covered service member stood in loco parentis, and who is of any age.

b) A “parent of a covered service member” means a covered service member's biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the covered service member. This term does not include parents “in law.”

c) A “spouse”, under the FMLA, means a husband or wife, including those in same-sex marriages.

d) A “son or daughter” means a biological, adopted or foster child; a stepchild; a legal ward; or a child of a person standing in loco parentis who is either under age 18 or age 18 or older and "incapable of self-care because of a mental or physical disability."

e) The “next of kin of a covered service member” is the nearest blood relative, other than the covered service member's spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the covered service member, all such family members shall be considered the covered service member's next of kin and may take FMLA leave to provide care to the covered service member, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the covered service member's only next of kin. For example, if a covered service member has three siblings and has not designated a blood relative to provide care, all three siblings would be considered the covered service member's next of kin. Alternatively, where a covered service member has a sibling(s) and designates a cousin as his or her next of kin for FMLA purposes, then only the designated cousin is eligible as the covered service member's next of kin. An employer is permitted to require an employee to provide confirmation of covered family relationship to the covered service member pursuant to CFR § 825.122.

“Covered active duty” means:

(a) “Covered active duty” for members of a regular component of the Armed Forces means duty during deployment of the member with the Armed Forces to a foreign country.

(b) Covered active duty or call to covered active duty status in the case of a member of the Reserve components of the Armed Forces means duty during the deployment of the member with the Armed Forces to a foreign country under a Federal call or order to active duty in support of a contingency operation, in accordance with 29 CFR 825.102.

The term “covered service member” means:

(a) A member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or

(b) A veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.

The term “serious injury or illness” means:

(a) In the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating; and

(b) In the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period when the person was a covered service member, means a qualifying (as defined by the Secretary of Labor) injury or illness incurred by a covered service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of his or her office, grade, rank or rating.

(c) Outpatient status, with respect to a covered service member, means the status of a member of the Armed Forces assigned to either a military medical treatment facility as an outpatient; or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

RELATED POLICIES & PROCEDURES

• University Statutes
• Paid Family Leave Policy
• Enhanced Parental Leave Policy for Administrators
• Workers’ Compensation Policy
• Salary Continuation, Short Term Disability