Family and Medical Leave Act (FMLA)
Section: Employee Benefits
Responsible Office: Human Resources
Effective Date: 9/3/2015
Revised: 03/11/2022
Any employee who has been employed at Iona University for at least 12 months and has worked at least 1,250 hours during the 12-month period may be eligible for an unpaid leave up to 12 weeks under following circumstances:
a. upon the birth or adoption of a child* by the employee;
b. upon the "serious health condition" of the employee; or
c. upon the "serious health condition" of the employee's spouse, parent or child.
d. Any qualifying exigency arising out of the employee’s spouse, child or parent’s active duty, or impending call or order to active duty, in the Armed Forces in support of certain military operations.
*The term child is defined as ‘biological, adopted or foster child, stepchild, legal ward or a child of a person standing in loco parentis.’ A child is considered to be under the age of 18, unless unable to care of themselves due to physical or mental disability.
FMLA permits a qualifying employee to take up to twenty-six (26) workweeks of unpaid leave during a twelve (12) month period to care for a spouse, child, parent or next of kin in the Armed Forces (including the reserves and National Guard) 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.” As used in this provision, a “serious injury or illness” is one suffered while on active duty “that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.”
Additional Information
All requests for leave must be made in writing and will be considered for approval consistent with the operating needs of the department.
FMLA can be taken intermittently, with a reduced daily or weekly work schedule, when the leave is medically necessary or necessary for a qualifying exigency.
FMLA is an unpaid leave of absence. If the employee has benefit time, such as, sick or vacation time, the benefit time will be applied at the beginning of FMLA leave, making it a paid leave of absence for that period of time.
Continuation of Benefits
Employees will continue to receive benefits when they are on a leave if they continue to pay into the benefits.
Paid Leave: If paid leave is used to supplement the FMLA leave, benefit deductions will be taken out of the employee’s paycheck, as it would have had a leave not been taken.
Unpaid leave: If FLMA is taken but not supplemented with any paid time, and no paycheck is distributed to the employee, the employee will forward payment for all benefits they are enrolled in. If deductions are not paid by the time designated by HR, benefits will be terminated on the date that is designated by HR. In the event benefits are terminated, employees will be offered continuation of benefits.
Additional holidays, sick time and vacation time do not accrue after five (5) weeks of leave time.
Return to Work
Iona University does not guarantee that it will be able to reinstate employees to the former position that was held when employees are ready to return to work, though we will make every reasonable effort to do so. In the case of FMLA, the University will reinstate employees in the former position that was held or equivalent position or in the next position available.
If the employee is unable to return to work after their job protected leave runs out, the University has a right recruit for, change, or eliminate the current position based on the needs of the University. The employee may be terminated from the University.
Upon returning from a leave, employees are required to complete the necessary HR paperwork along with your physician stating you are medically approved to return to work. Employees will not be permitted to work until this paperwork is received by the HR department.
While on an approved FMLA leave, employees will continue to accrue holidays, vacation time and sick time through the fifth week of leave. Additional holidays, sick time and vacation time do not accrue after five weeks of leave. Iona University does not require eligible employees to exhaust accrued vacation time during periods of FMLA. Administrative employees are eligible for up to six months of salary continuation for their own Serious Health condition.
Consistent with Federal law, the FMLA provides time off and benefit continuation for qualified leaves, and therefore, medical, dental and vision benefit coverage would not be negatively impacted. However, an employee who’s FMLA may run concurrent with NYS disability leave or unpaid leave, as in the case of the exhaustion of sick time, may be required to remit payment for the employee portion of certain health and welfare benefits.
It can. FMLA leave and workers’ compensation leave can run together, provided the reason for the absence is due to a qualifying serious illness or injury and the employer properly notifies the employee in writing that the leave will be counted as family medical leave.
Yes, maternity leave and pregnancy disability are both eligible for family medical leave. Pregnancy disability leave or maternity leave for the birth of a child would be considered qualifying FMLA leave for a serious health condition and may be counted in the 12 weeks of FMLA leave so long as the employer properly notifies the employee in writing of the designation.
For additional information, please visit the Department of Labor website. To request a leave of absence under the FMLA, or notify Human Resources of a potential need for leave under the FMLA for a direct report, please contact the Office for Human Resources at (914) 633-2496. No direct supervisor may grant or deny a leave under the FMLA; such leaves can only be approved by the Office of Human Resources.