Family and Medical Leave

Missouri State University provides Family and Medical Leave (FML) in accordance with the federal Family and Medical Leave Act (FMLA) of 1993 and its amendments. Eligible employees can take unpaid, job-protected leave for qualifying events.

For full details, refer to policy G7.02-7 Leave Benefits. Any discrepancies will be resolved according to the policy and federal regulations (29 CFR Part 825), as noted in the DOL poster.

Contact HR to schedule a meeting

Employee eligibility

 

Eligible employees who experience a qualifying event and provide proper notice and required certification(s) are entitled to up to 12 weeks of unpaid, job-protected leave with continued health insurance coverage within a rolling 12-month period. Military caregiver leave may extend up to 26 weeks.

To qualify for FML, an employee must:

  • Have worked for the university for at least 12 months,
  • Have worked at least 1,250 hours in the 12 months prior to the start of leave,
  • Have not exhausted their available FML within the past 12 months, and
  • Have a qualifying event

Qualifying event

  • A qualifying event under FMLA includes:

    • Birth and care of the employee’s newborn child.
    • Placement of a child with the employee for adoption or foster care.
    • Caring for a spouse, sponsored dependent, child, or parent (excluding in-laws) with a serious health condition.
    • The employee’s own serious health condition that prevents them from performing their job.
    • A qualifying exigency related to a spouse, sponsored dependent, child, or parent on active military duty or being called to active duty.
    • Caring for a spouse, sponsored dependent, child, parent, or next-of-kin who is a member of the Armed Forces and is undergoing medical treatment, recuperation, or therapy for a serious injury or illness incurred in the line of duty.

Amount and timing of leave

Eligible employees may take up to 12 weeks of FML within a rolling 12-month period, measured by looking back 12 months from the start of the requested leave.

Leave for the birth or adoption of a child must be used within 12 months of the event and is typically taken as one continuous block. Intermittent or reduced-schedule leave (e.g., part days or alternating days) is only allowed with approval from both a health care provider and the employee’s supervisor. If approved, a “fitness for duty” certification is required before returning to work.

FML may be taken consecutively or intermittently when medically necessary or for qualifying exigencies. Efforts should be made to schedule intermittent leave in a way that minimizes workplace disruption. Accommodation requests are reviewed individually.

Employee request and notice

Under the Family and Medical Leave Act (FMLA), employers are responsible for identifying and designating leave that qualifies for FMLA protection. The University may designate an absence as FMLA leave if there is sufficient information to indicate it relates to an FMLA-qualifying reason—even if the employee has not formally requested it.

The Office of Human Resources will notify the employee in writing and provide the required documentation. If an employee is unable to initiate the process, departments should contact Human Resources if the absence lasts more than three days and may meet FMLA criteria.

How to request FML

Employees requesting leave under the Family and Medical Leave Act (FMLA) must first contact the Office of Human Resources. HR will guide employees through the process, including providing the necessary FMLA Leave Request form and explaining any required medical or military certification.

If medical certification is required, HR will provide the appropriate forms, and employees must submit the completed documentation within 15 calendar days of receiving the FMLA packet. Failure to provide the required certification may result in a delay or denial of leave. The Office of Human Resources has final approval authority for all FMLA leave requests.

For foreseeable leave, employees must give the university at least 30 days' advance notice. If the leave is for planned medical treatment, they should make a reasonable effort to schedule it in a way that minimizes disruption to university operations. When 30 days' notice is not possible, employees must provide as much notice as is practical.

Employees on leave must inform HR of any changes to their leave status, duration, or intent to return to work. Additionally, the University may require periodic recertification during the leave to verify the ongoing need for leave.

Pay and benefits during leave

The office of human resources will promptly inform the employee of the status of pay and benefits.

Pay guidelines

The Office of Human Resources will notify the employee about the status of their pay and benefits. While FML is unpaid, employees are required to use any available accrued paid leave (vacation, sick leave, or compensatory time) concurrently with FML. When using paid leave, employees must follow the same leave policies as other staff.

If no paid leave is available, the employee’s FML will be unpaid, and they will not accrue sick or vacation time during any month in which they are paid for fewer than 80 hours. Additionally, employees on FML will not receive holiday pay unless they use accrued leave on the workday before the holiday.

For further details, please refer to the university’s FMLA and Leave policies.

Continuation of benefits

While on approved FML, the University will maintain your benefits as if you were actively working. You are still responsible for your share of any dependent or optional benefit premiums.

If you’re using paid leave, premiums will be deducted from your paycheck as usual. If your leave is unpaid, you’ll receive instructions for submitting premium payments. You may also choose to temporarily discontinue coverage and reinstate it upon returning to work, as long as you return before your FML expires.

If you don’t return to work—or return for fewer than 30 days—you may be required to repay the University’s share of your benefit costs during the leave. Repayment is not required if the reason for not returning is due to a serious health condition or other circumstances beyond your control, as determined by the University.

Return to work

Employees should inform the Office of Human Resources at least two weeks before their expected return—or as soon as possible if their return date changes due to medical reasons.

If the leave was related to a serious health condition,  a “fitness for duty” certification from the employee’s health care provider  is required befor ereturning, confirming their ability to return to work, with or without restrictions. In some cases,  a medical examination may be necessary. 

Employees who return on or before their FML ends will typically be reinstated to the same or an equivalent position. However, if they do not return by the end of their FML, reinstatement is not guaranteed.