PRINT DISCLAIMER: Official version of this document is accessible in the online policy library at https://policyoffice.ku.edu/. Printed copies may not reflect the most recent updates.
DOCUMENT TYPE:
Policy
PURPOSE:
To provide employees with information regarding their rights and responsibilities under the Family and Medical Leave Act (FMLA).
APPLIES TO:
All employees who meet eligibility requirements.
CAMPUS:
Lawrence, Edwards, Leavenworth, Juniper Gardens, Parsons, Pittsburg, Salina (KUL), Topeka, Wichita (KUL), Yoder, Medical Center (KUMC), Salina (KUMC), Wichita (KUMC)
DEFINITIONS:
Child: for Bonding Leave and Family Care Leave, a child means a biological, adopted, foster, or stepchild, legal ward, or a child of a person standing in loco parentis, who is under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability at the time leave begins. For Military Emergency Leave and Military Caregiver Leave, a child may be of any age.
Covered Active Duty: means (1) In the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and (2) in the case of a member of the reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty (or notification of an impending call or order to active duty) in support of a contingency operation as defined by applicable law.
Covered Servicemember: means (1) a member of the Armed Forces, including a member of a reserve component of the Armed Forces, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred or aggravated in the line of duty while on active duty that may render the individual medically unfit to perform their military duties, or (2) a person who, during the five (5) years prior to the treatment necessitating the leave, served in the active military, Naval or Air Service, and who was discharged or released therefrom under conditions other than dishonorable (a “veteran” as defined by the Department of Veterans Affairs), and who has a qualifying injury or illness incurred or aggravated in the line of duty while on active duty that manifested itself before or after the member became a veteran.
Key Employee: an FMLA-eligible salaried employee who is among the highest-paid ten percent of all employees employed by the University within 75 miles of the employee’s worksite.
Parent: a biological, adoptive, foster, or stepparent, or any individual who stood in loco parentis to the person. Parent does not include parents-in-law. For Military Emergency leave taken to provide care to a parent of a deployed military member, the parent must be incapable of self-care as defined by the FMLA.
Spouse: the other person with whom an individual entered into marriage as defined or recognized under state law for purpose of marriage in the state in which the marriage was entered into, or, in the case of a marriage entered into outside of any state, if the marriage is valid in the place where entered into and could have been entered into in at least one State. This includes common law marriage and same sex marriage in places where these marriages are recognized.
POLICY STATEMENT:
The University provides eligible employees with Family and Medical Leave Act (FMLA) leave in accordance with applicable law. Employees who meet eligibility requirements may receive job-protected leave for qualifying family and medical reasons as described in this policy.
Eligibility
To be eligible for FMLA Leave, employees must:
- Have worked for the University for a total of at least twelve (12) months;
- Have worked at least 1,250 hours during the twelve-month period immediately preceding the start of leave; and
- Work at a location where at least 50 employees are employed by the University within 75 miles of the employees’ site.
Eligibility requirements may differ for employees returning from certain protected military leave. For employees working remotely, the employee’s personal residence is not a worksite. Rather, their worksite is the office to which they report or from which their assignments are made.
Reasons for Leave
Eligible employees may use FMLA Leave for the following qualifying reasons:
- The birth, adoption or foster care of an employee’s child within 12 months following birth or placement of the child (Bonding Leave);
- To care for an immediate family member (spouse, child, or parent) with a serious health condition (Family Care Leave);
- The employee’s inability to work because of a serious health condition;
- A “qualifying exigency” as defined under the FMLA, arising out of a spouse’s, child’s, or parent’s “covered active duty” (as defined above) as a member of the military reserves, National Guard or Armed Forces (“Military Emergency Leave”); or
- To care for a spouse, child, parent or next of kin (nearest blood relative) who is a “Covered Servicemember,” as defined above (Military Caregiver Leave).
Additional leave rights may be available under applicable law.
Length of Leave
The maximum amount of FMLA Leave will be 12 workweeks in any 12-month period when the leave is taken for: (1) Bonding Leave; (2) Family Care Leave; (3) Serious Health Condition Leave; and/or (4) Military Emergency Leave. However, if both spouses work for the University and are eligible for leave under this policy, the spouses will be limited to a total of 12 workweeks off between the two of them when the leave is for Bonding Leave or to care for a parent using Family Care Leave.
The applicable “12-month period” utilized by the University is a rolling twelve (12) month period measured backward from the date an employee uses any FMLA leave. The maximum amount of FMLA Leave for an employee wishing to take Military Caregiver Leave will be a combined total of 26 workweeks in a single 12-month period. A “single 12-month period” begins on the date of the employee’s first use of such leave and ends 12 months after that date.
If both spouses work for the University and are eligible for leave under this policy, the spouses will be limited to a total of 26 workweeks off between the two when the leave is for Military Caregiver Leave only or is a combination of Military Caregiver Leave, Bonding Leave, and/or Family Care Leave taken to care for a parent.
To the extent required by law, some extensions to leave beyond an employee’s FMLA entitlement may be granted when the leave is necessitated by an employee’s work-related injury or illness or by a “disability” as defined under the Americans with Disabilities Act (ADA) and/or applicable state or local law. Certain restrictions on these benefits may apply.
Intermittent or Reduced Schedule Leave
Under some circumstances, employees may take FMLA Leave intermittently, which means taking leave in blocks of time, or by reducing the employee’s normal weekly or daily schedule. An employee may take leave intermittently whenever it is medically necessary to care for a family member with a serious health condition, or because the employee has a serious health condition and is unable to work. Military Emergency Leave may also be taken intermittently.
Leave taken intermittently may be taken in increments of not less than .25 hours. Employees who take leave intermittently or on a reduced work schedule basis must make a reasonable effort to schedule the leave so as not to unduly disrupt the University’s operations, which include academics, service, and research. Specifically, for example, faculty should avoid scheduling leave that would conflict with teaching responsibilities, including scheduled class periods. All employees should avoid scheduling leave that would conflict with public or invited events, programs, or conferences for which the employee has responsibility. Please contact the HR Leave Administrator prior to scheduling planned medical treatment.
If FMLA Leave is taken intermittently or on a reduced schedule basis due to foreseeable planned medical treatment, the University may require employees to transfer temporarily to an available, alternative position with an equivalent pay rate and benefits, including a part-time position, to better accommodate recurring periods of leave.
If employees have been approved for intermittent leave and they request leave time that is unforeseeable, they must comply with applicable absence-reporting requirements and specifically reference either the qualifying reason for leave or the need for FMLA leave at the time they call off.
If an employee’s request for intermittent leave is approved, the University may later require the employee to obtain recertification of their need for leave. For example, the University may request recertification if it receives information that casts doubt on an employee’s report that an absence qualifies for FMLA leave.
Notice and Certification
Bonding, Family Care, Serious Health Condition and Military Caregiver Leave Requirements
Employees are required to provide:
- When the need for leave is foreseeable, thirty (30) days advance notice or such notice as is both possible and practical if the leave must begin in less than 30 days (normally this would be the same day the employee becomes aware of the need for leave or the next business day);
- When the need for leave is unforeseeable, notice within the time prescribed by normal departmental absence-reporting procedures unless unusual circumstances prevent compliance, in which case notice is required as soon as is otherwise possible and practicable;
- When the leave relates to medical issues, a completed Certification of Health Care Provider form within 15 calendar days (for Military Caregiver Leave, an invitational travel order or invitational travel authorization may be submitted in lieu of a Certification of Health Care Provider form);
- Periodic recertification (upon request); and
- Periodic reports during the leave.
Certification forms are available from the HR Leave Administrator. At the University’s expense, the University may require a second or third medical opinion regarding the employee’s own serious health condition or the serious health condition of the employee’s family member. In some cases, the University may require a second or third opinion regarding the injury or illness of a Covered Service Member. Employees are expected to cooperate with the University in obtaining additional medical opinions that may be required.
When leave is for planned medical treatment, employees must try to schedule treatment so as not to unduly disrupt the University’s operations. Specifically, for example, faculty should avoid scheduling leave that would conflict with teaching responsibilities, including scheduled class periods. All employees should avoid scheduling leave that would conflict with public or invited events, programs, or conferences for which the employee has responsibility. Please contact the HR Leave Administrator prior to scheduling planned medical treatment.
Recertification After Grant of Leave
In addition to the requirements listed above, if an employee’s FMLA Leave is certified, the University may later require medical recertification in connection with an absence that the employee reports as qualifying for FMLA Leave. For example, the University may request recertification if:
- An employee requests an extension of leave;
- Circumstances described in a prior certification change significantly (e.g., employee absences deviate from the duration or frequency set forth in the previous certification; employee’s condition becomes more severe than indicated in the original certification; employee encounters complications); or
- The University receives information that casts doubt on the stated reason for the absence. In addition, the University may request recertification in connection with an absence after six months have passed since the employee’s original certification, regardless of the estimated duration of the serious health condition necessitating the need for leave.
Any recertification requested by the University will be at the employee’s expense.
Military Emergency Leave Requirements
Employees requesting Military Emergency Leave are required to provide:
- As much advance notice as is reasonable and practicable under the circumstances;
- A copy of the covered military member’s active duty orders when the employee requests leave and/or documentation (such as Rest and Recuperation leave orders) issued by the military setting forth the dates of the military member’s leave; and
- A completed Certification of Qualifying Exigency form within 15 calendar days, unless unusual circumstances exist to justify providing the form at a later date.
Failure to Provide Required Certification and Return from Leave
Absent unusual circumstances, failure to comply with these notice and certification requirements may result in delay or denial of the leave.
If an employee fails to return to work at leave’s expiration and has not obtained an approved extension of the leave, the University may presume that employee does not plan to return to work and has voluntarily terminated their employment.
Compensation During Leave
Generally, FMLA Leave is unpaid. However, the University requires employees to use accrued vacation and sick leave to cover some or all of the unpaid portion of FMLA Leave to the extent permissible under applicable law.
All payments of accrued leave, wage-replacement benefits, or other income-replacement programs will be integrated so that employees receive no greater compensation than their regular compensation during this period.
The use of paid leave, wage-replacement benefits, or other income-replacement programs does not extend the amount of FMLA Leave available.
Benefits During Leave
Employee benefits are governed by the terms of the State Employee Health Plan and other applicable benefits plans. The University will continue making contributions to employee group health benefits during their leave on the same terms as if employees had continued to actively work. This means that if employees want their benefits coverage to continue during their leave, they must continue to pay, through payroll deduction or otherwise, the employee’s share of the premiums they are now required to make for themselves or their dependents. Employees may also need to update their benefits elections while on leave, consistent with annual enrollment requirements and the terms of the applicable benefits plan. Employees taking Bonding Leave, Family Care Leave, Serious Health Condition Leave, and Military Emergency Leave who are enrolled in University group health benefits at the start of FMLA Leave will retain group health benefits for a 12-workweek period. Employees taking Military Caregiver Leave may be eligible to receive group health benefits coverage for up to a maximum of 26 workweeks. In some instances, the University may recover premiums it paid on the employee’s behalf to maintain health coverage if the employee fails to return to work following a FMLA Leave.
Length of service accrued prior to leave remains intact; however, accrual of certain benefits may be affected during unpaid leave periods as provided by University policy.
FMLA leave will run concurrent with any other applicable leave law, as well as the employee’s receipt of workers’ compensation, short-term disability or long-term disability benefits, if applicable, to the extent permitted under applicable law.
Job Reinstatement
Under most circumstances, employees will be reinstated to the same position they held when leave began or to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment.
However, employees have no greater right to reinstatement than if they had been continuously employed rather than on leave. For example, if an employee would have been laid off if they had not gone on leave or, if the employee’s position was eliminated during the leave, then the employee will not be entitled to reinstatement.
Prior to being allowed to return to work, an employee wishing to return from a Serious Health Condition Leave must submit an acceptable release from a health care provider that certifies the employee may return to work, with or without an accommodation. For an employee on intermittent FMLA Leave, such a release may be required if reasonable safety concerns exist regarding the employee’s ability to perform their duties, based on the serious health condition for which the employee took intermittent FMLA Leave.
Key employees may be subject to reinstatement limitations in some circumstances. If employees are considered a “key employee,” those employees will be notified of the possible limitations on reinstatement at the time the employee requests a leave of absence.
Confidentiality
Documents relating to medical certifications, recertifications, or medical histories of employees or employees’ family members will be maintained separately and treated by the University as confidential medical records, except that in some legally recognized circumstances, the records (or information in them) may be disclosed to supervisors and managers, first aid and safety personnel or government officials.
Fraudulent Use of FMLA Prohibited
An employee who fraudulently obtains FMLA Leave from the University is not protected by FMLA’s job restoration or maintenance of health benefits provisions. In addition, the University may take all available appropriate disciplinary action against such employee due to such fraud. FMLA Leave may only be used for the purpose approved in the FMLA designation reviewed and approved by the HR Leave Administrator.
Leave for other reasons (e.g., vacation or sick) may be used in accordance with University policy separate from the FMLA-requested time off.
No Interference or Retaliation
The University will not interfere with, restrain, or deny the exercise of any rights provided by the FMLA. The University will not retaliate against any individual for opposing any practice, or because of involvement in any proceeding related to the FMLA. If an employee believes their FMLA rights have been violated in any way, they should report the matter to Human Resources Senior Director of Employee Experience. Supervisors found to have violated this policy may be subject to disciplinary action.
Additional Information
A number of states have family leave laws that differ from those available to employees under the FMLA. The University will work to comply with all applicable state leave laws.
Employees should contact HR Leave Administrator with questions.
CONTACT:
Lawrence Campus and All Reporting Units:
Human Resources
Carruth O'Leary Hall
1246 West Campus Road, Room 101
Lawrence, KS 66045
785-865-4946
hrdept@ku.edu
KU Medical Center and All Reporting Units:
Human Resources
3901 Rainbow Boulevard
Mailstop 2033
Kansas City, Kansas 66160
913-588-5080
hr-university@kumc.edu
RESPONSIBLE UNIT:
Human Resources
APPROVED BY:
Chancellor
APPROVAL DATE:
2026-11-13
EFFECTIVE DATE:
2027-01-13
REVIEW CYCLE:
2 years
BACKGROUND:
The University will grant family and medical leave in accordance with the requirements of applicable federal and state law in effect at the time the leave is granted. Although the federal and state laws sometimes have different names, the University refers to these types of leaves collectively as “FMLA Leave.” In any case, employees will be eligible for the most generous benefits available under applicable law. The HR Leave Administrator is responsible for determining employee eligibility and administering FMLA Leave in accordance with applicable law and University policy and procedures.
RELATED STATUTES, REGULATIONS, AND/OR POLICIES:
Notice of Eligibility & Rights and Responsibilities under the Family and Medical Leave Act
RELATED POLICIES:
KU Medical Center and All Reporting Units:
Paid Parental Leave Policy (Login required)
Timekeeping Policy (Login required)
RELATED FORMS:
Certification of Qualifying Exigency form
CHANGE HISTORY:
11/13/2026: New all-University policy published in the Policy Library.
TITLE:
Family and Medical Leave Act (FMLA)