FREQUENTLY ASKED QUESTIONS ABOUT FMLA (Family and Medical Leave Act)

Although Wellesley College's leave policies are generally more generous than the Family and Medical Leave Act of 1993, the College nonetheless must comply with the documentation requirements of the Act. To help explain the impact of the FMLA on the College's leave policies we are providing the following Frequently Asked Question (FAQ) section.

Q. What is the Family and Medical Leave Act ("FMLA")?

A. The Family and Medical Leave Act of 1993 generally took effect on August 5, 1993. It provides that eligible employees who have worked for the College at least 1,250 hours during the 12 months immediately prior to the request may be granted up to 12 weeks of unpaid leave during the following 12-month period. An employee must use any accumulated paid leave during his or her FMLA leave.

Q. How are health benefits provided during the leave?

A. For the duration of FMLA leave the College maintains the employee's health coverage at the group rate provided that the employee continues to co-pay health premiums timely while on leave.

Q. What are the reasons to take a FMLA leave?

· to care for the employee's newborn child or child placed with the employee for adoption or foster care;
· to care for the employee's spouse, domestic partner, son or daughter, or employee's parent who has a serious health condition; or,
· for a serious health condition that makes the employee unable to perform the employee's job.

Q. What is a "serious health condition"?

A. A "serious health condition" is an illness, injury, or physical or mental condition involving inpatient care or continuing treatment by a health care provider for a period that includes incapacity. Absences for short-term illnesses and routine healthcare are not covered under the FMLA.

Q. Is FMLA only unpaid leave?

A. The College requires that employees substitute any accrued, unused vacation time, personal leave, and (in the case of the employee's own serious health/maternity condition) accrued sick leave as part or all of the FMLA leave. [Wellesley College provides a benefit of six weeks of paid parental leave for a woman who gives birth or an administrative staff member who takes primary responsibility for the care of a biological or newly adopted child. Union employees are eligible for Parental Leave as described in the 1999 College-Union Agreement. Faculty Parental Leave is administered by the Office of the Dean of the College and is described in the Faculty Handbook.]

Q. Do I need to provide a medical certification?

A. The College generally requires medical certification of the condition necessitating FMLA leave and its estimated duration. This is the case whether the leave is to care for the employee's own medical condition or that of a family member. The College may also require that an employee present a medical certification from his or her physician that he or she is able to return to work.

Q. When and how do I apply for a FMLA leave?

A. The College expects employees to provide 30 days' advance notice for leaves that are foreseeable. If illness or injury strikes unexpectedly, the notice should be provided at the first available opportunity. The necessary application forms and medical forms are available in the Human Resources Office and can be obtained by calling x3202. (Faculty should contact the Office of the Dean of the College.)

Q. What is my responsibility as a manager when an employee asks for leave?

A. As a Manager it is your responsibility to inform Human Resources when an employee requests a leave of absence and what the expected date of return will be. The Manager is also responsible for informing Human Resources if the dates of the leave change in any way.  The Manager refers the employee to Human Resources to schedule an appointment to discuss the leave process and policies.

Mary Hackett mhackett@wellesley.edu
Date Created: August 22, 2001
Last Updated: August 14, 2007