Ohio Administrative Code
Title 3342 - Kent State University
Chapter 3342-6 - Administrative Policy on Awards and Compensation for University Employees
Section 3342-6-11.11 - Administrative policy regarding leave under the FMLA

(a) Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential mental care facility: or

(b) A period of incapacity requiring absence of more than three full calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider, provided that the employee, family member or other eligible party visits the health care provider within seven days after the first day of the incapacity, a second visit within thirty days of the incapacity and periodically thereafter for as long as the incapacity exists (at least two visits to a health care provider per year); or

(c) Any period of incapacity due to pregnancy, or for prenatal care; or

(d) Any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g. asthma, diabetes, epilepsy, etc.); or

(e) A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g. Alzheimer's, stroke, terminal diseases, etc.); or

(f) Any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g. chemotherapy, physical therapy, dialysis, etc.), provided that the employee visits the health care provider within seven days after the first day of the incapacity, a second visit within thirty days of the incapacity and periodically thereafter for as long as the incapacity exists (at least two visits to a health care provider per year);.

(g) Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, etc. are examples of conditions that do not meet the definition of a serious health condition.

(a) Spouse, son, daughter, parent or next of kin of a covered service member with a serious injury or illness, and provides care for such service member.

(a) The employee must have been employed by Kent state for at least twelve months. Any portion of a week that the employee is on the payroll counts as a full week for FMLA eligibility. These hours must be actual hours worked, which do not include holiday, vacation, sick or compensated hours.

(b) The employee must not have already received twelve weeks of FMLA leave in the last twelve month rolling period.

(a) FMLA will not exceed twelve weeks within a twelve month rolling period, whether taken at once, in intermittent periods or as a reduced schedule. The twelve month period is measured forward from the date the employee's first approved FMLA absence begins.

(b) If the employee is away from the workplace for more than three consecutive calendar days and has not notified the supervisor of the need for FMLA, and the employee's supervisor has sufficient knowledge to make a determination that leave is being taken for a qualifying FMLA reason (either at the time the employee gives notice or begins leave), but fails to designate leave as FMLA, the university may not retroactively designate leave as FMLA unless the leave is in progress or within two business days of the employee's return to work. The university must notify the employee that such absence is being designated as FMLA leave.

(c) Employees may be placed on FMLA leave anytime the employee experiences a period of incapacity of three consecutive calendar days or more with proper physician certification of a qualifying FMLA reason, or are absent on an intermittent basis for a qualifying FMLA reason. The university must notify the employee that an absence is being designated as FMLA leave.

(d) After the twelve weeks of qualifying FMLA leave is exhausted, and if the employee is still not medically able to return to work, the employee or their representative must notify the employee's supervisor of the need for continued leave of absence under the unpaid leave status.

(e) Once leave protected under regular FMLA and military family leave has been exhausted, the employee's failure to return to work should be treated as any other failure to return to work.

(f) Upon completion of regular FMLA leave or military family leave of absence, the employee is to be returned to the position formerly occupied, or to an equivalent position if the employee's former position no longer exists.

(a) The employee must submit written medical or other supporting certification subject to the following conditions:

(b) The university will require an employee taking intermittent leave to provide a fitness-for-duty certification before returning to work. The university requires this fitness-for-duty certification to specifically address the employee's ability to perform the "essential functions" of his job." It must be turned in prior to the employee returning to work.

(a) The serious illness or injury must have been incurred by the covered service member in the line of duty while on active duty in the armed forces.

(b) Covered family members are entitled to up to twenty-six weeks of unpaid FMLA leave and military family leave during a single twelve-month period to care for the service member.

(c) As with regular FMLA leave, military family leave is leave for which an employee may substitute any vacation or sick leave. The normal leave year limitations on the use of sick leave to care for a family member do not apply.

(d) Military family leave and reemployment rights of employees returning from active duty must make timely application for reemployment according to the requirements of USERRA as stated in rule 3342-6-11.6 of the Administrative Code regarding military leave of absence.

(e) Qualified exigency leave. Certain employees are eligible to take twelve weeks of unpaid leave needed because of a "qualifying exigency" relating to the service of either the employee or a family member who is a member of the national guard and reserves for the purpose of managing the employee's or family member's affairs while service member spouse, child, or parent is on active duty in support of a contingency operation.

Qualifying exigency leave is limited to situations involving a short-term deployment, military events and related activities (before and during deployment), childcare and school activities, financial and legal arrangements, counseling, rest and recuperation of the service member, post-deployment activities, and additional activities agreed to in writing by the employer and employee.

(a) Compensatory time off. Employees who request compensatory time off for qualifying events covered by FMLA will not be considered to be on FMLA during their approved compensatory time off.

(b) Worker's compensation. A serious health condition may result from a work related injury or illness to an employee. If an injury or illness meets the criteria for a serious health condition, whether it is covered by workers compensation or not, the employee will be considered to be on unpaid FMLA leave. If the employee applies for workers' compensation benefits, any benefits will be counted against the employee's FMLA entitlement. The granting of FMLA shall have no bearing on the approval or disapproval of the employee's workers compensation request.

(a) Medical certification. FMLA will not be approved until the medical certification from the appropriate licensed physician has been received and approved. If the leave is due to the serious health condition of the employee, or the serious health condition of a family member, the employee must ensure that the patient's health care provider completes the required medical certification form, and returns it within fifteen business days of receipt (or as soon as practicable).

(b) Additional medical review. The university may request up to two additional medical reviews of the employee's medical condition, at university expense.

(c) Certification of family relationship. The university may request certification of family relationship. The employee's supervisor can request certification in the form of a written statement from the employee, or documentation such as a birth certificate, court document, etc. Domestic partner relationships will require the completion of a notarized domestic partner affidavit to be returned to the Benefits office.

(d) Record keeping. The benefits office will keep records of FMLA requests and all supporting documentation. Medical records accompanying FMLA requests will be maintained confidentially and separate from personnel files.

(a) Employees who are participating in university-sponsored group insurance programs will be eligible to continue participation while on FMLA. If the FMLA is unpaid, employees will be responsible for paying their insurance contributions at the same rate as before the unpaid leave began. If employees fail to submit payment in a timely manner, their insurance benefits will be terminated.

(b) Employees returning from FMLA will return to their regular assignment, and the FMLA will be treated as continuous service for the purpose of calculating any university benefits based upon service.

(c) During an unpaid leave of absence, both the employer and the employee contributions to OPERS, STRS, or the Alternative Retirement Program (ARP) are discontinued. Accrued retirement benefits are not forfeited, nor can they be withdrawn during a leave of absence. In certain cases, service credit can be purchased by the employee for a period of time spent on an approved unpaid leave of absence. Additional information relative to purchase of retirement credits may be obtained by contacting the benefits office.

(a) All leaves of absence and extensions thereof must be requested thirty days in advance of the date the leave is to begin, when the necessity for leave is foreseeable such as where leave is taken for: an expected birth, placement for adoption or foster care, planned medical treatment for a serious health condition of the employee of or a family member, or the planned medical treatment for a serious injury or illness of a covered service member. If the need for a leave is not foreseeable thirty business days prior to the effective date of such leave, the employee must provide notice as soon as possible on forms provided by the university.

(b) A request for leave of absence must be submitted to the employee's supervisor for review and, where appropriate, approval by the supervisor, dean/director, and the appropriate appointing authority.

(a) Under this policy, the employee's responsibilities include, but are not limited to: