402 Types of FMLA Leave
Xref: PPP 400
402.1 Caregiver Leave
402.1a Definition of a Caregiver Leave
A caregiver leave is a voluntary unpaid leave of absence to care for a relative with a serious health condition. Caregiver leaves are granted only under the provisions of the FMLA. Relative includes:
- spouse
- parent (natural, foster, adoptive, stepparent or legal guardian) of the employee or the employee's spouse (care for parent of employee's spouse granted under CT FMLA only)
- child (biological, adopted, foster, stepchild, legal ward or a child of a person standing in loco parentis) who is under 18 years of age or, if older, unable to care for him/herself because of a mental or physical disability.
402.1b Duration of a Caregiver Leave
The duration of a caregiver leave is determined by the state and federal FMLA laws. Federal and State FMLA run concurrently and employees must meet eligibility requirements specified in the law in order to be granted a caregiver leave of absence (see Section 401).
An employee may choose to be paid through use of accrued paid time off available at the start of the leave, but in no event can the total absence for caregiver leave exceed the time periods described in the previous paragraph.
Except in cases of emergency, two weeks advance notice is required for a caregiver leave. Requests for a caregiver leave shall be accompanied by the Certification of Family Member's Serious Health Condition form from the patient's physician or other licensed health care provider, verifying the need for a leave and the probable duration.
402.1c Benefits During Caregiver Leave
The University will continue to pay its share of health and non-contributory life insurance premium costs for employees during the caregiver leave. Employees entering upon an approved leave of absence, any portion of which is unpaid, are required to make arrangements with the Employee Service Center to ensure continuation of the employee's payments for benefits or services.
Further, an employee on caregiver leave:
- accrues PTO/vacation and sick days for immediate use while in a paid status during the leave. Employees who are unpaid during the leave accrue PTO/vacation and sick days for use upon return to a regular position scheduled at 20 hours or more per week; at least 30 calendar days must elapse after return before such time can be used.
- is eligible for pay for holidays or recess days that occur within the paid portion of the leave.
- is not eligible for tuition assistance.
402.1d Return from Caregiver Leave
The returning employee must confirm the intention to return by informing the department supervisor at least two weeks prior to the end of the leave.
402.1e Termination
An employee who accepts employment elsewhere during the leave, except as known and approved by the University, who applies for Unemployment Compensation in Connecticut or any other state, or who fails to return to work on the date expected, is considered to have voluntarily resigned.
402.2 Intermittent / Reduced Schedule Leave
FMLA permits eligible employees to take leave on an intermittent basis or to work a reduced schedule under certain circumstances.
Under an intermittent leave of absence, family or medical leave is taken in separate periods of time, rather than for one continuous period of time. Intermittent leave may include periods from an hour or more to several weeks. Examples of intermittent leave include leave taken on an occasional basis for medical appointments, or leave taken several days at a time over a period of six months, such as for chemotherapy.
A Reduced Schedule leave means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.
402.3 Military – Qualifying Exigency Leave
402.3a Definition of Qualifying Exigency Leave
A Qualifying Exigency leave is an unpaid leave of absence granted to an eligible employee because of any "qualifying exigency" arising out of the fact that a covered employee's spouse, child or parent is on or has been called to active duty in the Armed Forces. This leave is granted to address:
- short notice deployment, military events and related activities;
- childcare and school activities;
- financial and legal arrangements;
- counseling;
- a covered service member's rest and recuperation;
- post deployment activities; or
- additional activities agreed to by the employee and employer.
A Qualifying Exigency leave is granted only under the provisions of the FMLA. The Certification of Qualifying Exigency For Military Family Leave form is required to be completed to request a Qualifying Exigency leave. Please contact the Leave of Absence Coordinator in the Department of Human Resources to obtain this form.
402.3b Duration of Qualifying Exigency Leave
An eligible employee is allowed up to 12 weeks of leave in a single 12 month period, less any leave of absence time taken within that same period for child-rearing, disability or caregiver leaves.
402.3c Duration of Qualifying Exigency Leave
The University will continue to pay its share of health and non-contributory life insurance premium costs for employees during an exigency leave. Employees entering upon an approved leave of absence, any portion of which is unpaid, are required to make arrangements with the Employee Service Center to ensure continuation of the employee's payments for benefits or services.
Further, an employee on qualifying exigency leave:
- accrues PTO/vacation and sick days for immediate use while in a paid status during the leave. Employees who are unpaid during the leave accrue PTO/vacation and sick days for use after return to a regular position scheduled at 20 hours or more per week; at least 30 calendar days must elapse after return before such time can be used.
- is eligible for pay for holidays or recess days that occur within the paid portion of the leave.
- is not eligible for tuition assistance.
402.3d Return from Qualifying Exigency Leave
The returning employee must confirm the intention to return by informing the department supervisor at least two weeks prior to the end of the leave.
402.3e Termination
An employee who accepts employment elsewhere during the leave, except as known and approved by the University, who applies for Unemployment Compensation in Connecticut or any other state, or who fails to return to work on the date expected, is considered to have voluntarily resigned.
402.4 Military Caregiver Leave
402.4a Definition of Military Caregiver Leave
A Military Caregiver leave is an unpaid leave of absence granted to an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty. This illness or injury includes:
- undergoing medical treatment, recuperation or therapy; or being
- otherwise in outpatient status; or being
- on the temporary disability retired list for a serious illness or injury occurred in the line of duty.
A Military Caregiver leave is granted only under the provisions of the FMLA. The Certification for Serious Injury or Illness of Covered Servicemember form is required to be completed to request a military caregiver leave. Please contact the Leave of Absence Coordinator in the Department of Human Resources to obtain this form.
402.4b Duration of Military Caregiver Leave
An eligible employee is entitled to up to 26 weeks of leave in a single 12 month period to care for the service member. The eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave during the 12 month period.
402.4c Benefits During Military Caregiver Leave
The University will continue to pay its share of health and non-contributory life insurance premium costs for employees during the caregiver leave. Employees entering upon an approved leave of absence, any portion of which is unpaid, are required to make arrangements with the Employee Service Center to ensure continuation of the employee's payments for benefits or services.
Further, an employee on military caregiver leave:
- accrues PTO/vacation and sick days for immediate use while in a paid status during the leave. Employees who are unpaid during the leave accrue PTO/vacation and sick days for use after return to a regular position scheduled at 20 hours or more per week; at least 30 calendar days must elapse after return before such time can be used.
- is eligible for pay for holidays or recess days that occur within the paid portion of the leave.
- is not eligible for tuition assistance.
402.4d Return from Military Caregiver Leave
The returning employee must confirm the intention to return by informing the department supervisor at least two weeks prior to the end of the leave.
402.4e Termination
An employee who accepts employment elsewhere during the leave, except as known and approved by the University, who applies for Unemployment Compensation in Connecticut or any other state, or who fails to return to work on the date expected, is considered to have voluntarily resigned.
