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This policy provides basic information concerning Family and Medical Leave Act (FMLA) entitlements and obligations per federal law.
\r\n\r\nFMLA is available to all University employees who meet the eligibility criteria.
\r\n\r\n3.1. Eligible employees may be entitled to a leave of absence under Family and Medical Leave Act (FMLA).
\r\n\r\n3.2. To be eligible, an employee must have been employed by Clemson University or the state of SC for at least 12 months and have worked for Clemson University (University) or a South Carolina State Agency for at least 1,250 hours (defined as FLSA compensable hours of work including \"on-call\" hours) of service during the 12-month period immediately preceding the commencement of the leave. An employee must work at a location where the University or a South Carolina State Agency has at least 50 employees within 75 miles.
\r\n\r\n3.2.1. The 12 months of employment do not need be consecutive, an agency can go back 7 years prior to the date of the need for leave to determine if the employee worked a total of 12 months with SC state government.
\r\n\r\n3.2.2. The University has the ability to go beyond 7 years if an employee left SC state employment due to National Guard or Reserve Military obligations.
\r\n\r\n3.3. FMLA provides eligible employees with up to 12 workweeks of unpaid leave for certain family and medical reasons during a 12-month period. The 12-month period is determined on an annual calendar year (January 1 – December 31). Leave may be taken for any one, or for a combination, of the following reasons:
\r\n\r\n3.3.1. To care for the employee’s child after birth, or placement for adoption or foster care.
\r\n\r\n3.3.1.1. Entitlement to FMLA leave for the birth, adoption, or placement of an employee’s child or foster child expires at the end of the 12-month period starting on the date of the birth or placement.
\r\n\r\n3.3.1.2. South Carolina's Paid Parental Leave law provides eligible full-time equivalent (FTE) employees with paid time off that runs currently with an eligible FMLA qualifying event (birth of a child, adoption, or foster care) that takes place on or after October 1, 2022. Refer to the Paid Parental Leave Policy for further information and guidance.
\r\n\r\n3.3.2. To care for the employee’s spouse, child, or parent (but not in-law) who has a serious health condition.
\r\n\r\n3.3.3. For the employee’s own serious health condition (including any period of incapacity due to pregnancy, prenatal medical care, or childbirth) that makes the employee unable to perform one or more of the essential functions of the employee’s job.
\r\n\r\n3.3.4. For any qualifying exigency arising out of the fact that an employee’s spouse, child, or parent is a military member on covered active duty or call to covered active duty status (or has been notified of an impending call or order to covered active duty) in (a) the Reserve component of the Armed Forces for deployment to a foreign country in support of a contingency operation,(b) the Regular Armed Forces for deployment to a foreign country, or (c) the National Guard.
\r\n\r\n3.3.4.1. Qualifying exigencies can include: 1) short notice deployment; 2) military events and related activities; 3) childcare and school activities; 4) financial and legal arrangements; 5) counseling; 6) rest and recuperation; 7) post-deployment activities; 8) care for a military member's parent; and 9) additional activities not encompassed in other categories but agreed by the agency and the employee.
\r\n\r\n3.3.4.2.The first time employees seek leave due to qualifying exigencies arising out of the covered active duty or call to covered active duty status of a military member, the University may require employees to provide: 1) a copy of the military member’s active duty orders or other documentation issued by the military indicating the military member is on covered active duty or call to active duty status and the dates of the military member’s covered active duty service; and 2) a certification from the employee setting forth information concerning the nature of the qualifying exigency for which leave is requested. The University may also require employees to provide copies of new active-duty orders or other documentation issued by the military for leaves due to qualifying exigencies arising out of a different covered active duty or call to covered active-duty status of the same or a different military member.
\r\n\r\n3.4. In addition to the basic FMLA leave entitlement, an eligible employee who is the spouse, son, daughter, parent or next of kin of a covered servicemember or covered veteran is entitled to take up to 26 weeks of leave during a single 12-month period to care for the servicemember or veteran with a serious injury or illness. Leave to care for a servicemember or veteran is available only during a single 12-month period and, when combined with other FMLA-qualifying leave, may not exceed 26 weeks during the single 12-month period. The single 12-month period begins on the first day an eligible employee takes leave to care for the injured servicemember or veteran.
\r\n\r\n3.5. When spouses are both employed by the University and eligible for FMLA leave, they will be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is taken for the birth of the employee’s child or to care for the child after birth, for the placement of a child with the employee for adoption of foster care or to care for the child after placement, or to care for the employee’s parent with a serious health condition. When spouses are both employed by the University and eligible for military caregiver leave, they will be limited to a combined total of 26 weeks of leave during any 12-month period, if each spouse is a son, daughter, or parent of the servicemember or veteran.
\r\n\r\n3.6. FMLA leave is usually taken for a period of consecutive days, weeks, or months. However, employees also are entitled to take FMLA leave intermittently or on a reduced leave schedule when medically necessary due to a serious health condition of the employee or covered family member or the serious injury or illness of a covered servicemember. Qualifying exigency leave also may be taken on an intermittent basis.
\r\n\r\n3.6.1. When employees take intermittent or reduced work schedule leave for foreseeable planned medical treatment for the employee or a covered family member, including during a period of recovery from a serious health condition or to care for a covered servicemember or veteran, the University may temporarily transfer employees, during the period that the intermittent or reduced leave schedules are required, to alternative positions with equivalent pay and benefits for which the employees are qualified and which better accommodate recurring periods of leave.
\r\n\r\n3.6.2. When employees seek intermittent leave or a reduced leave schedule for reasons unrelated to the planning of medical treatment, upon request, employees must advise the University of the reason why such leave is medically necessary. In such instances, the University and the employee shall attempt to work out a leave schedule that meets the employee’s needs without unduly disrupting the University’s operations, subject to the approval of the employee’s health care provider.
\r\n\r\n3.7. During FMLA leave, employees are entitled to continue group health plan coverage (health, dental, vision, disability and life) under the same conditions as if they had continued to work.
\r\n\r\n3.7.1. Use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible employee’s FMLA leave.
\r\n\r\n3.7.2. Employee on FMLA is required to pay the employee portion of the group health plan premium. The University’s obligation to maintain health care coverage ceases if an employee’s premium payment is more than 30 days late.
\r\n\r\n3.8. Employees must provide 30 days’ advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, or the approximate timing of the need for leave is not foreseeable, employees must provide the University notice of the need for leave as soon as practicable under the circumstances.
\r\n\r\n3.8.1. Employees who fail to give 30 days’ notice for foreseeable leave without a reasonable excuse for the delay, or otherwise fail to satisfy FMLA notice obligations, may have FMLA leave delayed or denied and the employee must explain the reason(s) why such notice was not practicable upon a request from the University for such information.
\r\n\r\n3.8.2. Calling in “sick,” without providing the reasons for the needed leave, is not sufficient notice under this policy. Employees must respond to the University’s questions to determine if absences are potentially FMLA-qualifying.
\r\n\r\n3.8.3. If employees fail to explain the reasons for FMLA leave, the leave may be denied.
\r\n\r\n3.9. Employees requesting FMLA leave are entitled to receive written notice from the University telling them whether they are eligible for FMLA leave and, if not eligible, the reasons why they are not eligible. When eligible, employees are entitled to receive written notice of: 1) their rights and responsibilities in connection with such leave (provided to the employee within 5 (five) business days); 2) the University’s designation of leave as FMLA-qualifying or non-qualifying and, if not FMLA-qualifying, the reasons why; and 3) the amount of leave, if known, that will be counted against the employee’s leave entitlement.
\r\n\r\n3.10. When planning medical treatment, employees must consult with the University and make a reasonable effort to schedule treatment so as not to unduly disrupt the University’s operations. Employees must consult with the University prior to the scheduling of treatment to work out a treatment schedule which best suits the needs of both the University and the employees. If employees providing notice of the need to take FMLA leave on an intermittent basis for planned medical treatment neglect to fulfill this obligation, the University may require employees to attempt to make such arrangements. All such treatment schedules and arrangements are subject to the approval of the employee’s healthcare provider.
\r\n\r\n3.11. Employees requesting leave because of their own, or a covered family member’s, serious health condition, or to care for a covered servicemember or veteran, must supply medical certification supporting the need for such leave from their health care provider or, if applicable, the health care provider of the covered family member, servicemember, or veteran. If employees provide at least 30 days’ notice of medical leave, they should submit the medical certification before leave begins. A new initial medical certification will be required on an annual basis for serious medical conditions lasting beyond a single leave year.
\r\n\r\n3.11.1 It is the employee’s responsibility to provide the University with timely, complete, and sufficient medical certifications. Employees must provide medical certifications within 15 calendar days after the University requests certification, unless it is not practicable to do so despite an employee’s diligent, good-faith efforts. The University will inform employees if submitted medical certifications are incomplete or insufficient and provide employees at least 7 calendar days to cure deficiencies. The University may deny FMLA leave to employees who fail to timely cure deficiencies or otherwise fail to timely submit requested medical certifications. With the employee’s permission, the University (through the Office of Human Resources) may contact the employee’s health care provider to authenticate or clarify completed and sufficient medical certifications. If employees choose not to authorize the University to clarify or authenticate certifications with health care providers, the University may deny FMLA leave if certifications are unclear.
\r\n\r\n3.11.2. When leave is taken to care for a covered servicemember or veteran with a serious injury or illness, the University may require employees to obtain certifications completed by an authorized healthcare provider of the covered servicemember or veteran. In addition, the University may request that employees submit certifications setting forth additional information provided by the employee and/or the covered servicemember or veteran confirming entitlement to such leave.
\r\n\r\n3.11.3. If the University has reason to doubt an initial medical certification, it may require the employee to obtain a second opinion at the University’s expense. If the opinions of the initial and second healthcare providers differ, the University may, at its expense, require the employee to obtain a third, final and binding medical certification by a provider designated or approved jointly by the University and the employee.
\r\n\r\n3.11.4. Depending on the circumstances and duration of FMLA leave, the University may require employees to provide recertification of medical conditions giving rise to the need for leave. The University will notify employees if recertification is required and will give employees at least 15 calendar days to provide medical recertification. Recertification requests may occur no more often than every 30 days in connection with an absence by the employee unless the condition will last for more than 30 days. For conditions that are certified as having a minimum duration of more than 30 days, the University must wait to request a recertification until the specified period has passed, except that in all cases the employer may request recertification every six months in connection with an absence by the employee. The University may request recertification in less than 30 days if the employee requests an extension of leave, the circumstances described in the previous certification have changed significantly, or if the University receives information that casts doubt upon the employee's stated reason for the absence or the continuing validity of the certification. Additionally, a new medical certification will be requested for each leave year for medical conditions that last longer than one year. Such new medical certifications are subject to second and third opinions.
\r\n\r\n3.11.5. Unless notified otherwise, employees returning to work from FMLA leaves taken because their own serious health conditions made them unable to perform their jobs must provide the University medical certification confirming they are able to return to work and to perform the essential functions of their positions, with or without reasonable accommodation. The University may delay and/or deny job restoration until employees provide return to work/fitness for duty certifications. If an employee’s anticipated return to work date changes and it becomes necessary for the employee to take more or less leave than originally anticipated, the employee must provide the Office of Human Resources Workforce Benefits & Well-Being Team reasonable notice (i.e., within 5 business days) of the employee’s changed circumstances and new return-to-work date. If employees provide notice of their intent not to return to work, the University’s obligations to maintain health benefits (subject to COBRA requirements) and to restore their positions cease.
\r\n\r\n3.12. Employees must use any accrued paid leave time that is appropriate for the FMLA reason. The substitution of paid time for unpaid FMLA leave time does not extend the length of FMLA leave, and the paid time will run concurrently with an employee’s FMLA entitlement. The University may retroactively designate leave as FMLA leave with appropriate written notice to employees provided the failure to designate leave as FMLA-qualifying at an earlier date did not cause harm or injury to the employee. In all cases where leaves qualify for FMLA protection, the University and employee can mutually agree that leave be retroactively designated as FMLA leave.
\r\n\r\n3.13. Leaves of absence taken in connection with a disability leave plan or workers’ compensation injury/illness shall run concurrently with any FMLA leave entitlement. Upon written request by the employee, the University will allow employees to use accrued paid time to supplement any paid disability benefits, but such supplement many not result in an employee receiving more pay or leave than when working.
\r\n\r\n4.1. Spouse means a husband or wife and includes an individual in a common-law marriage that either: (1) was entered into in a State that recognizes such marriages; or (2) if entered into outside of the United States, is valid in the place where entered into and could have been entered into in at least one State.
\r\n\r\n4.2. Parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a son or daughter as defined in section 4.4. This term does not include parents “in law.”
\r\n\r\n4.3. Son or daughter means, for purposes of FMLA leave taken for birth or adoption, or to care for a family member with a serious health condition, a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability” at the time that FMLA leave is to commence. The age when the disability occurs is irrelevant to determine whether an adult son or daughter has a mental or physical disability.
\r\n\r\n4.4. Incapable of self-care means that the individual requires active assistance or supervision to provide daily self-care in three or more of the “activities of daily living” (ADLs) or “instrumental activities of daily living” (IADLs). Activities of daily living include adaptive activities such as caring appropriately for one’s grooming and hygiene, bathing, dressing, and eating. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.
\r\n\r\n4.5. Physical or mental disability means a physical or mental impairment that substantially limits one or more of the major life activities of an individual.
\r\n\r\n4.6. Persons who are in loco parentis include those with day-to-day responsibilities to care for and financially support a child, or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.
\r\n\r\n4.7. Adoption means legally and permanently assuming the responsibility of raising a child as one’s own. The source of an adopted child (e.g., whether from a licensed placement agency or otherwise) is not a factor in determining eligibility for FMLA leave.
\r\n\r\n4.8. Foster care is 24-hour care for children in substitution for, and away from, their parents or guardian. Such placement is made by or with the agreement of the State as a result of a voluntary agreement between the parent or guardian that the child be removed from the home, or pursuant to a judicial determination of the necessity for foster care and involves agreement between the State and foster family that the foster family will take care of the child. Although foster care may be with relatives of the child, State action is involved in the removal of the child from parental custody.
\r\n\r\n4.9. Son or daughter on covered active-duty or call to covered active-duty status means the employee’s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, who is on covered active-duty or call to covered active-duty status, and who is of any age.
\r\n\r\n4.10. Son or daughter of a covered servicemember means the covered servicemember’s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the servicemember stood in loco parentis, and who is of any age.
\r\n\r\n4.11. Serious injury or illness means:
\r\n\r\n4.11.1 In the case of a current member of the Armed Forces, including a member of the National Guard or Reserves, an injury or illness that was incurred by the covered servicemember in the line of duty on active-duty in the Armed Forces or that existed before the beginning of the member’s active-duty and was aggravated by service in the line of duty on active-duty in the Armed Forces, and that may render the member medically unfit to perform the duties of the member’s office, grade, rank or rating; and
\r\n\r\n4.11.2 In the case of a covered veteran, an injury or illness that was incurred by the member in the line of duty on active-duty in the Armed Forces (or existed before the beginning of the member’s active-duty and was aggravated by service in the line of duty on active-duty in the Armed Forces) and manifested itself before or after the member became a veteran, and is
\r\n\r\n4.11.2.1. a continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the servicemember unable to perform the duties of the servicemember’s office, grade, rank, or rating; or
\r\n\r\n4.11.2.2. a physical or mental condition for which the covered veteran has received a U.S. Department of Veterans Affairs Service-Related Disability (VASRD) rating of 50 percent or greater, and such VASRD rating is based, in whole or in part, on the condition precipitating the need for military caregiver leave; or
\r\n\r\n4.11.2.3. a physical or mental condition that substantially impairs the covered veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service, or would do so absent treatment; or
\r\n\r\n4.11.2.4. an injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.
\r\n\r\n4.12. Parent of a covered servicemember means a covered servicemember’s biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the covered servicemember. This term does not include parents “in law.”
\r\n\r\n4.13. Next of kin of a covered servicemember means the nearest blood relative other than the covered servicemember’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the covered servicemember, all such family members shall be considered the covered servicemember’s next of kin and may take FMLA leave to provide care to the covered servicemember, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the covered servicemember’s only next of kin.
\r\n\r\n4.14. Health Care Provider means:
\r\n\r\n4.14.1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; or
\r\n\r\n4.14.2. Any other person determined by the Secretary of Labor or authorized representative to be capable of providing health care services.
\r\n\r\n4.14.3. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist, authorized to practice in the State and performing within the scope of their practice as defined under State law;
\r\n\r\n4.14.4. Nurse practitioners, nurse midwives, clinical social workers and physician assistants who are authorized to practice under State law and who are performing within the scope of their practice as defined under State law;
\r\n\r\n4.14.5. Christian Science Practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts. Where an employee or family member is receiving treatment from a Christian Science practitioner, an employee may not object to any requirement from an employer that the employee or family member submit to examination (though not treatment) to obtain a second or third certification from a health care provider other than a Christian Science practitioner except as otherwise provided under applicable State or local law.
\r\n\r\n4.14.6. Any health care provider from whom an employer or the employer’s group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits; and
\r\n\r\n4.14.7. health care provider listed above who practices in a country other than the United States, who is authorized to practice in accordance with the law of that country, and who is performing within the scope of the practioner's practice as defined under such law. The phrase “authorized to practice in the State” as used in this section means that the provider must be authorized to diagnose and treat physical or mental health conditions.
\r\n\r\n5.1. Family and Medical Leave Act-Employee Packet
\r\n\r\n5.2. Sick Leave Policy
\r\n\r\n5.3. Paid Parental Leave Policy
\r\n\r\n5.4. Annual Leave Policy
\r\n\r\n5.5. Extended Leave of Absence Request Packet
\r\n","Header":"THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND CLEMSON UNIVERSITY. THE DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. CLEMSON UNIVERSITY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.
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