Family & Medical Leave Act

FMLA is the Family and Medical Leave Act. It entitles eligible employees of covered employers to take unpaid, job- protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Even though FMLA is an unpaid leave you may choose to use any paid leave you have available such as sick leave, vacation, personal holiday, etc.

FMLA, by nature, is unpaid leave. However, employees may apply any accrued leave to cover the FMLA absence. All paid time off runs concurrently with FMLA.

Please contact Human Resources, 608-785-8013 to begin the process of requesting leave.

• The Leave Coordinator in HR will need the following information:
  1. Employee’s name and department
  2. Last day of active full-time work.
  3. Chair or supervisors name
  4. The nature of your claim.
  5. Treating physician’s name, address and phone and fax numbers.
• Faculty Family Leave: Contact your chair– at least 30 days prior to a planned leave (many people choose to share many months in advance for planning purposes) - to arrange academic responsibilities. While on leave your chair should not ask for details about your leave, but they will need to know approximate dates of your leave request.

Process for requesting a Medical Leave of Absence:

1. Contact the Leave Coordinator in Human Resources at 608-785-8013 to begin the process of requesting a leave.
2. Meet with your Supervisor/Chair to discuss workload plan. An email with proposed workload plan* should be sent to Chair and Dean for approval and copy in Leave Coordinator (for Faculty and IAS).
3. Employee should complete all paperwork sent by the HR Leave Coordinator (Faculty and IAS should also include the workload plan*).
4. Once all necessary paperwork has been returned to the HR Leave Coordinator, they will review the paperwork and send an email notification of approval/denial to employee and Supervisor/Chair.

*For Faculty and IAS: The proposed workload plan should include the following items: teaching, scholarship, and service, including physical presence for advising and department meetings.  If applicable the following items should be included: any special projects should be referenced, non-class weeks and graduate student oversight obligations. It is recommended that the workload arrangement be proposed to the Dean by the Chair prior to form submission with the approved workload attached to the Leave of Absence Request form.

**For a Personal/Non-Medical Leave of Absence request, you need to discuss the parameters and expectations of your leave with your Department Chair.  In addition, you would need to contact the HR Leave Coordinator and complete the Leave of Absence Request form.

Yes, however the amount of leave is dependent on several factors. For example the percentage of workload and amount of time doctor is requiring you to be off or working limited hours.

Please contact the Leave Coordinator in HR to help you coordinate your leave request or discuss percentage of leave time needed.  

When the need for leave is foreseeable, an employee must provide UWL with 30 days' advance notice of the need for FMLA leave. For example, the need for FMLA leave for birth or adoption is almost always foreseeable 30 days in advance, and even surgeries are often scheduled 30 or more days in advance.

However, if you are comfortable doing so, given the planning associated with instruction and the academic calendar, we encourage you to speak to your chair as soon as you know you will need to take leave.  Please work with your chair and the Leave Coordinator in HR.

You will need to complete the Leave of Absence Request Form.

Below are the Faculty and IAS workload guidelines for taking leave under the FML provisions.

Ranked Faculty

For leave purposes the standard for a full-time faculty member is based on the following:

• There are 39 weeks of the contract year (20 weeks for Fall and 19 weeks for Spring).
• Normal teaching load is 12 credits, exceptions are approved by the Dean.
• Teaching is calculated as 60%, scholarship at 30% and service at 10% during the 30 weeks associated with the academic terms (15 for Fall and 15 for Spring). Scholarship can range from 10-30% and service 10-20%
• For the remainder of the 9 weeks 100% of faculty member’s time could be considered scholarship and/or service.
• While on leave the faculty member may work a reduced FTE that will be a combination of teaching, scholarship and service. The un-worked portion of FTE can be paid (sick, vacation, personal holiday leave hours, etc.) or unpaid.

IAS Instructor

For leave purposes the standard for a full-time IAS Instructor is based on the following:

• There are 39 weeks of the contract year (20 weeks for Fall and 19 weeks for Spring).
• Normal teaching load is 15 credits or contact hours but can be lower as determined by the Dean if the instructor has a reduced teaching load.
• Teaching will be at least 80% the overall workload; service and professional development will not exceed 20% during the 30 weeks associated with the academic terms (15 for Fall and 15 for Spring).
• There are 9 weeks of the 39 week contract year outside of the standard 14 week semester where 100% of faculty member’s time could be considered scholarship and/or service.
• While on leave the faculty member may work a reduced FTE that will be a combination of teaching, scholarship and service. The un-worked portion of FTE can be paid (sick, vacation, personal holiday leave hours, etc.) or unpaid.

For eligible employees, FMLA is a federally-required leave and can be used for childbearing, adoption and baby bonding time.

The non-child bearing parent is eligible to take 12 weeks of FMLA for the birth of baby.  This would include to care for baby and baby bonding time.

Paid Parental Leave provides eligible employees with up to 6 (six) weeks of paid time off (pro-rated if part-time) following a qualifying birth or adoptive event to allow for time to bond with their new child, adjust to their new family situation, and balance personal obligations that result from a birth or adoptive event. Paid Parental Leave is limited to one qualifying event every 12 months.

https://www.wisconsin.edu/ohrwd/benefits/leave/paid-parental-leave/ 

FMLA applies to employees who have worked for at least 12 months and have at least 1,250 hours of service during the 12 month period immediately preceding the leave. https://www.wisconsin.edu/ohrwd/benefits/leave/fmla/

If you are not eligible for FMLA, HR will notify you after your request has been made. You may be able to take a personal leave, arranged with your Department Leadership.

As soon as you know you require additional leave time, please contact your chair and the Leave Coordinator in HR.

Prior to commencing your leave, you are expected to contact your chair to ensure your academic commitments are addressed while on leave.

As set forth in the policy, faculty members on childbearing, adoption, and childrearing leaves are not required to fulfill University service responsibilities, such as membership on committees, during their leave.  During the academic year in which the leave is taken, eligible faculty members can receive a reduction in their annual work load corresponding to the length of the leave as proposed to and approved by the Dean.

Yes. Please follow the procedure outlined in UW System Administrative Code Section UWS 3.04 Probationary Appointments. 

NOTE: Tenure stoppage and retention
Faculty that request a tenure stoppage receive an additional period of time in which they may be considered for a tenure recommendation – it extends the tenure decision past the original date. This stoppage does not also stop the retention decisions of faculty. Retention decisions continue on their normal review cycle; however, if the tenure stoppage is due to a medical or disability-related event, the faculty member should speak to Human Resources about the possible impact regarding their retention decisions.

Tenure clock stoppage can be requested while on leave although it is not necessarily a requirement to be combined with leave, however, some situations may require it.  To request a tenure clock stoppage, please follow the procedure outlined in UW System Administrative Code Section UWS 3.04 Probationary Appointments and in its corresponding UWL 3.04 policy. 

NOTE: Tenure stoppage and retention
Faculty that request a tenure stoppage receive an additional period of time in which they may be considered for a tenure recommendation – it extends the tenure decision past the original date. This stoppage does not also stop the retention decisions of faculty. Retention decisions continue on their normal review cycle; however, if the tenure stoppage is due to a medical or disability-related event, the faculty member should speak to Human Resources about the possible impact regarding their retention decisions.

If you require an immediate leave, please contact Human Resources at 608-785-8013.

Please also contact your chair directly, if possible. While HR will notify your chair regarding your request, the sooner your chair is notified of the leave, appropriate planning for your academic responsibilities can take place.

Human Resources will create a separate medical file for your information. Your medical information is not shared with anyone outside of HR and only those involved in the leave process in HR are aware of your medical information.

Please do not share medical information or documents with your Department Leadership.  Such information should be supplied directly to Human Resources.

The Leave Coordinator will work with you on all benefits and reporting of leave time during this process. They will also work with you and the chair on questions regarding teaching responsibilities.

Federal regulation 29 CFR 825.120(a)(3) provides that spouses who are both eligible for FMLA leave and are both employed with the same employer, are permitted to take only a combined total of 12 weeks of leave during a calendar year under certain circumstances. However, the State of Wisconsin has determined that denying married state employees their full 12-week FMLA leave entitlement would be a violation of Wisconsin’s Fair Employment Law; therefore, this spousal restriction is unavailable to UW System institutions. In these circumstances, each spouse is eligible for the full 12-week leave entitlement (provided they have met the eligibility requirements). 

Faculty members who are unable to work due to a medically-certified disability related to pregnancy or childbearing are eligible for FMLA.

Requests for medical leave must be accompanied by a statement from a physician describing the medical reason for the leave and the estimated duration of the leave.

The number of children involved does not increase the length of time FMLA is granted.

You can request an extension of leave with your chair and the Leave Coordinator in HR. If your leave is for medical you will be required to provide documentation from your health care provider to extend your leave. In addition, there is a Faculty Senate approved policy for ranked faculty that outlines expectations and procedures for reduced load arrangements.

If an employee is on a paid leave, UWL will continue to pay its share of health insurance premiums.  If an employee is on an unpaid leave, UWL will continue to pay its share of health insurance premiums for up to 3 months. The employee will be responsible for their portion of premiums. Additional information regarding benefits is available online at: https://www.wisconsin.edu/ohrwd/benefits/leave/fmla/

Yes.  Concerns about actions of a Department Chair should be directed to the Dean. If your concern involves actions at the level of the Dean, you should discuss your concerns with the Provost as soon as possible following the contested decision. Human Resources can also provide support should the need arise.

Yes, the University does count a holiday towards an employee’s FMLA leave entitlement. This includes all of the days during winter break when the University is scheduled to be closed.

Parking Services for car seat fittings  (https://www.uwlax.edu/parking/)

Campus Child Center (https://www.uwlax.edu/campus-child-center/)

The Parenting Place (https://www.theparentingplace.net/)

Gundersen Health System (http://www.gundersenhealth.org/services/pregnancy-birth/) and Mayo Clinic Health System (https://mayoclinichealthsystem.org/services-and-treatments/birthing-centers)

For the purposes of medical leave (e.g., FML) during the ~30 weeks associated with the academic terms (15 for Fall and 15 for Spring) the following calculations would be used:

• Teaching is 60% 
• Scholarship 30%
• Service 10%

The teaching percentage could be lower as determined by the Dean if the faculty member has a reduced teaching load from the 12 credits based on department or college workload reassignments. Scholarship range is generally 10-30% and service 10-20%. There are nine weeks of the ~39 week contract year outside of the standard 14 week semester (+ one week of finals) where 100% of the faculty member’s time could be considered scholarship and/or service 

The goal of the guidelines above is to provide as much equity across departments and promote appropriate use of sick leave that reflects the realities of faculty load. 

Below are the Faculty and IAS workload guidelines for taking a leave.

Ranked Faculty

For leave purposes, the standard for a full-time faculty member is based on the following:

• There are 39 weeks of the contract year (20 weeks for Fall and 19 weeks for Spring).
• Normal teaching load is 12 credits, exceptions are approved by the Dean.
• Teaching is calculated as 60%, scholarship at 30% and service at 10% during the 30 weeks associated with the academic terms (15 for Fall and 15 for Spring). Scholarship can range from 10-30% and service 10-20%
• For the remainder of the 9 weeks 100% of faculty member’s time could be considered scholarship and/or service.
• While on leave the faculty member may work a reduced FTE that will be a combination of teaching, scholarship and service. The un-worked portion of FTE can be paid (sick, vacation, personal holiday leave hours, etc.) or unpaid.

IAS Instructor

For leave purposes the standard for a full-time IAS Instructor is based on the following:

• There are 39 weeks of the contract year (20 weeks for Fall and 19 weeks for Spring).
• Normal teaching load is 15 credits or contact hours but can be lower as determined by the Dean if the instructor has a reduced teaching load.
• Teaching will be at least 80% the overall workload; service and professional development will not exceed 20% during the 30 weeks associated with the academic terms (15 for Fall and 15 for Spring).
• There are 9 weeks of the 39 week contract year outside of the standard 14 week semester where 100% of faculty member’s time could be considered scholarship and/or service.
• While on leave the faculty member may work a reduced FTE that will be a combination of teaching, scholarship and service. The un-worked portion of FTE can be paid (sick, vacation, personal holiday leave hours, etc.) or unpaid.

In conjunction with the Dean’s office, the Department is responsible for identifying and hiring replacement instruction as necessary. Faculty are not required to “make up” missed courses in subsequent terms. 

Process for requesting a leave of absence:

1. Contact the Leave Coordinator in Human Resources at 608-785-8013 to begin the process of requesting a leave.
2. Meet with your Supervisor/Chair to discuss workload plan. An email with proposed workload plan* should be sent to Chair and Dean for approval and copy in Leave Coordinator (for Faculty and IAS).
3. Employee should complete part one of the Leave of Absence Request form.
   1. Faculty and IAS should also include the workload plan*.
4. Part two of this form should be completed by Supervisor/Chair (and Dean and Vice Chancellor, if applicable) and submitted to the Leave Coordinator in Human Resources.

Human Resources will review the completed leave of absence request and send an email notification of approval/denial to employee and Supervisor/Chair.

*For Faculty and IAS: The proposed workload plan should include the following items: teaching, scholarship, and service, including physical presence for advising and department meetings.  If applicable the following items should be included: any special projects should be referenced, non-class weeks and graduate student oversight obligations. It is recommended that the workload arrangement be proposed to the Dean by the Chair prior to form submission with the approved workload attached to the Leave of Absence Request form.