Family Medical Leave

How FMLA Works:

You are eligible to take up to 12 weeks of medical and or family leave within any 12 month period provided you have worked for TCU at least 1 year and for at least 1,250 hours during said year. You may contact Human Resources for the required paperwork to place you on Family Medical Leave. You may take compensable time (sick and vacation hours) or you may have to take leave without pay if you don’t have accruals sufficient to cover the leave. Upon your return you must have a release from your treating physician presented to Human Resources prior to returning to work. You will be returned to your same position or an equivalent position.

What types of leave are covered by FMLA?

You may take medical leave for the following reasons:

  1. Your own serious medical condition which renders you unable to perform the functions of your position.
  2. Birth of a son or daughter and/or care for child or receipt of child from foster care or adoption agency.
  3. To care for your spouse, child, or parent with a serious health condition.

What types of forms are required to support the FMLA process?

  1. Time and Absence Reporting: Employees taking leave under Family Medical Leave must exhaust accrued sick and vacation leave before beginning unpaid leave. Employee’s supervisor should send Human Resources a PAF (personnel action form) placing employee on Leave without pay once the compensable time is exhausted. You will be required to complete time and absence reports on a regular basis, and leave with your supervisor.
  2. Medical Certification: When requesting leave for either yourself or a family member there are forms available at human resources which must be completed by the treating physician. Failure to provide medical certification may result in denial of leave and there will not be any protection of your job and your benefits.

What are my responsibilities while I am on FMLA leave?

You must have adequate accruals of sick and vacation hours in order to continue payroll deductions for your health, dental, vision, life, disability and long term care benefits. If your leave accrual hours do not cover the entire time of your FMLA leave, you will be placed on a leave without pay status. At that time, you are responsible for payment of your benefit plan premiums directly to TCU. If your premiums are over 30 days late, your insurance will be canceled. If you are on leave for your owe medical condition, you are required to bring a release from your doctor.

Important Definitions within the Family Medical Leave Act:

Spouse-in accordance with applicable state law and includes common law marriages.

Domestic partners are not included.

Parent-biological and individuals who acted as your parent.

Child-includes biological, adopted, and foster children, stepchildren, legal wards under the age of 18 or older if incapable of self care.

Serious health condition-any illness, injury, impairment or physical or mental condition which involves:

  1. Any incapacity or treatment in connection with inpatient care.
  2. Any incapacity requiring absence from work for more than three calendar days and continuing treatment by a health care provider.
  3. Continuing treatment by a health care provider of a chronic or long term condition which is incurable.

Healthcare provider-includes licensed MD, DO, podiatrists, dentists, and clinical psychologist authorized to practice in the state, nurse practitioners and nurse midwives authorized under state law and Christian Science practitioners.

Inability to perform job functions-an employee who is unable to work at all or unable to perform any of the essential functions of the position. Does not include marginal functions of the position.