1) If an employee has plenty of sick leave, do they still have to apply for FMLA?
Yes, the University is required to notify employees of their FMLA rights if they are out for 3 days or more.
2) Is an employee paid while out on FMLA?
FMLA does not give any extra paid time off. The employee would need to use her accrued leave or Short Term Disability or Parental Leave if applicable.
3) How do I know if I am eligible for family and medical leave?
Human Resources will confirm in writing or by email your eligibility, but in general, to qualify for FMLA, you must have 12 months of service with and you must have worked at least 1,040 hours during the 12 months preceding the date your leave begins.
4) How do I know if I have a serious health condition or a family member has a serious health condition?
UNC Asheville will grant an eligible employee up to a total of 12 workweeks of unpaid, job-protected leave in a 12 month period for one or more of the following reasons:
- for the birth of a son or daughter, and to bond with the newborn child;
- for the placement with the employee of a child for adoption or foster care, and to bond with that child;
- to care for an immediate family member (spouse, child, or parent – but not a parent “in-law”) with a serious health condition;
- to take medical leave when the employee is unable to work because of a serious health condition; or
- for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on covered active duty or call to covered active duty status as a member of the National Guard, Reserves, or Regular Armed Forces.
A physician’s note will document a serious medical condition.
FMLA also allows eligible employees to take up to 26 workweeks of unpaid, job-protected leave in a “single 12-month period” to care for a covered servicemember with a serious injury or illness.
5) Does an employee have to take leave all at once or can it be taken periodically or to reduce the employee’s schedule?
When it is medically necessary, employees may take FMLA leave intermittently – taking leave in separate blocks of time for a single qualifying reason – or on a reduced leave schedule – reducing the employee’s usual weekly or daily work schedule. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer’s operation.