University Of Minnesota Family And Medical Leave Act (Fmla): Certification For Birth/care Of Newborn Page 2
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U Wide Form
UM1699
FMLA: Notice to Employees of Rights under FMLA
Rev: April 2017
Employee
EMPLOYEE RIGHTS AND RESPONSIBILITIES
UNDER THE FAMILY AND MEDICAL LEAVE
ACT
Basic Leave Entitlement
Use of Leave
FMLA requires covered employers to provide up to 12 weeks of
An employee does not need to use this leave entitlement in one block.
unpaid, job-protected leave to eligible employees for the following
Leave can be taken intermittently or on a reduced leave schedule when
reasons:
medically necessary. Employees must make reasonable efforts to
• For incapacity due to pregnancy, prenatal medical care or child birth;
schedule leave for planned medical treatment so as not to unduly
• To care for the employee’s child after birth, or placement for adoption
disrupt the employer’s operations. Leave due to qualifying exigencies
or foster care;
may also be taken on an intermittent basis.
• To care for the employee’s spouse, son or daughter, or parent, who
Substitution of Paid Leave for Unpaid Leave
has a serious health condition; or
• For a serious health condition that makes the employee unable to
Employees may choose or employers may require use of accrued paid
perform the employee’s job.
leave while taking FMLA leave. In order to use paid leave for FMLA
leave, employees must comply with the employer’s normal paid leave
Military Family Leave Entitlements
policies.
Eligible employees with a spouse, son, daughter, or parent on active
Employee Responsibilities
duty or call to active duty status in the National Guard or Reserves in
Employees must provide 30 days advance notice of the need to take
support of a contingency operation may use their 12-week leave
FMLA leave when the need is foreseeable. When 30 days notice is not
entitlement to address certain qualifying exigencies. Qualifying
possible, the employee must provide notice as soon as practicable and
exigencies may include attending certain military events, arranging for
generally must comply with an employer’s normal call-in procedures.
alternative childcare, addressing certain financial and legal
arrangements, attending certain counseling sessions, and attending
Employees must provide sufficient information for the employer to
post-deployment reintegration briefings.
determine if the leave may qualify for FMLA protection and the
anticipated timing and duration of the leave. Sufficient information
FMLA also includes a special leave entitlement that permits eligible
may include that the employee is unable to perform job functions, the
employees to take up to 26 weeks of leave to care for a covered
family member is unable to perform daily activities, the need for
servicemember during a single 12-month period. A covered
hospitalization or continuing treatment by a health care provider, or
servicemember is a current member of the Armed Forces, including a
circumstances supporting the need for military family leave. Employees
member of the National Guard or Reserves, who has a serious injury or
also must inform the employer if the requested leave is for a reason for
illness incurred in the line of duty on active duty that may render the
servicemember medically unfit to perform their duties for which the
which FMLA leave was previously taken or certified. Employees also
may be required to provide a certification and periodic recertification
servicemember is undergoing medical treatment, recuperation, or
supporting the need for leave.
therapy; or is in outpatient status; or is on the temporary disability
retired list.
Employer Responsibilities
Covered employers must inform employees requesting leave whether
Benefits and Protections
they are eligible under FMLA. If they are, the notice must specify any
During FMLA leave, the employer must maintain the employee’s
additional information required as well as the employees’ rights and
health coverage under any “group health plan” on the same terms as if
responsibilities. If they are not eligible, the employer must provide a
the employee had continued to work. Upon return from FMLA leave,
reason for the ineligibility.
most employees must be restored to their original or equivalent
positions with equivalent pay, benefits, and other employment terms.
Covered employers must inform employees if leave will be designated
as FMLA-protected and the amount of leave counted against the
Use of FMLA leave cannot result in the loss of any employment benefit
employee’s leave entitlement. If the employer determines that the leave
that accrued prior to the start of an employee’s leave.
is not FMLA-protected, the employer must notify the employee.
Eligibility Requirements
Unlawful Acts by Employers
Employees are eligible if they have worked for a covered employer for
FMLA makes it unlawful for any employer to:
at least one year, for 1,250 hours over the previous 12 months, and if at
Interfere with, restrain, or deny the exercise of any right provided
least 50 employees are employed by the employer within 75 miles.
under FMLA;
Definition of Serious Health Condition
Discharge or discriminate against any person for opposing any
A serious health condition is an illness, injury, impairment, or physical
practice made unlawful by FMLA or for involvement in any
or mental condition that involves either an overnight stay in a medical
proceeding under or relating to FMLA.
care facility, or continuing treatment by a health care provider for a
condition that either prevents the employee from performing the
Enforcement
functions of the employee’s job, or prevents the qualified family
An employee may file a complaint with the U.S. Department of Labor
member from participating in school or other daily activities.
or may bring a private lawsuit against an employer. For additional
information go to:
Subject to certain conditions, the continuing treatment requirement may
be met by a period of incapacity of more than 3 consecutive calendar
FMLA does not affect any Federal or State law prohibiting
days combined with at least two visits to a health care provider or one
discrimination, or supersede any State or local law or collective
visit and a regimen of continuing treatment, or incapacity due to
bargaining agreement which provides greater family or medical leave
pregnancy, or incapacity due to a chronic condition. Other conditions
rights.
may meet the definition of continuing treatment.
The University of Minnesota is an equal opportunity educator & employer.
2009 by the Regents of the University of Minnesota.
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