Ohio Administrative Code|Rule 3349-7-60 | Family and medical leave.

                                                
(A) Purpose
The university promotes a work environment that supports its
		  employees in balancing the demands of the workplace with the needs of families.
		  In accordance with the Family and Medical Leave Act of 1993, 29 U.S.C. Section
		  2601; 29 CFR 825 (FMLA), eligible employees are permitted up to either twelve
		  or twenty-six work weeks of unpaid leave during a defined twelve month period
		  for qualified leave entitlements.
(B) Scope
This rule applies to all eligible university
		  employees.
(C) Definitions
(1) Consult rule
			 3349-7-01 of the Administrative Code.
(2) "Child"
			 refers to a biological child, adopted child, foster child, stepchild, legal
			 ward, or a child of a person who is standing in loco parentis, who
			 is:
(a) Under eighteen years of age; or
(b) Eighteen years of age or older and incapable of
				self-care because of a mental or physical disability.
(3) "Eligible
			 Employees" refers to any employee who has been employed by the university
			 for at least twelve months, and who has worked at least one thousand two
			 hundred fifty hours over the previous twelve-month period.
(4) "Health Care
			 Providers" refers to doctors of medicine and osteopathy, podiatrists,
			 dentists, clinical psychologists, optometrists, chiropractors, nurse
			 practitioners, nurse midwives, clinical social workers, licensed professional
			 clinical counselor and physician assistants in so far as they perform within
			 the scope of their practice under state law; and Christian science
			 practitioners listed with the "First Church of Christ, Scientist" in
			 Boston, Massachusetts.
(5) "Intermittent
			 Leave" is leave taken in a block of time or by reducing the normal weekly
			 or daily work schedule.
(6) "Next of
			 Kin" is the nearest blood relative of the covered service
			 member.
(7) "Parent"
			 refers to a parent of an employee or an individual who stood in loco parentis
			 to an employee when the employee was a child.
(8) "Serious Health
			 Condition" refers to an illness, injury, impairment, or physical or mental
			 condition that involves:
(a) Any period of incapacity or treatment connected with
				inpatient care (or overnight stay) in a hospital, hospice, or residential
				medical care facility; or
(b) Continuing treatment by a health care
				provider.
(9) "Spouse"
			 refers to individuals who are recognized as lawfully married under the law of
			 any state.
(D) Rule statement
(1) Leave
			 entitlements
(a) An employee is entitled to a maximum of twelve unpaid
				work weeks of leave in any twelve-month covered period for one or more of the
				following reasons:
(i) To care for a child
				  during the first year following birth, adoption, or foster care
				  placement;
(ii) To care for a
				  spouse, child or the employee's parent who has a serious health
				  condition;
(iii) Because of a
				  serious health condition that makes the employee unable to perform the
				  functions of the position of such employee; or
(iv) An employee's
				  spouse, child, or parent is on active military duty or has been notified of an
				  impending call to active duty status, in support of a contingency
				  operation.
(b) An employee is entitled to a maximum of twenty-six
				unpaid work weeks of leave in any twelve-month covered period for the following
				reason:
To care for a spouse, child, parent, or next
				of kin service member who is recovering from a serious illness or injury
				sustained in the line of duty while on active duty.
(c) Employees who are spouses are jointly entitled to a
				combined total of twelve weeks of "FMLA" leave for the birth, or
				placement of a child for adoption or foster care, or to care for a child or
				parent who has a serious health condition.
(2) Covered
			 period
Employees may take up to twelve or twenty-six
			 weeks of unpaid, job-protected leave in a twelve-month period for the reasons
			 specified in this rule depending on leave entitlement. The twelve-month period
			 is for a "rolling" twelve-month period measured forward from the date
			 the employee returns to work from FMLA leave.
(3) Reduced or
			 intermittent leave
(a) Under some circumstances, an employee may take FMLA
				leave intermittently. Employees who require intermittent leave or reduced
				schedule leave for a foreseeable medical treatment (for the employee, spouse,
				child or parent) must work with their immediate supervisor, the director of
				human resources, and their health care provider to schedule the leave so that
				it is not unduly disruptive to the operation of the university.
(b) "FMLA" leave may be taken intermittently
				whenever it is medically necessary to care for a seriously ill spouse, child,
				parent, or because the employee is seriously ill and unable to work. Employees
				must follow the notification and certification provisions set forth in this
				rule.
(c) "FMLA" leave to care for a child during the
				first year following birth, adoption, or foster care placement shall not be
				taken by an employee intermittently or on a reduced leave schedule without the
				approval of the immediate supervisor and the director of human
				resources.
(d) The taking of FMLA leave intermittently or on a reduced
				leave schedule shall not result in a reduction in the total amount of FMLA
				leave to which the employee is entitled beyond the amount of FMLA leave
				actually taken.
(e) The university may limit "FMLA" leave
				increments to the shortest period of time that the university's payroll
				system uses to account for absences.
(4) Relationship to paid
			 or unpaid leave policies
(a) Employees are required to take accrued but unused sick
				leave, vacation leave, compensatory time, personal leave, or other paid time
				before taking unpaid leave for the twelve or twenty-six week period. Time taken
				will be counted concurrently toward both FMLA leave and the appropriate paid or
				unpaid leave. If paid leave balances are insufficient to cover the twelve or
				twenty-six work weeks, the additional amount of FMLA leave necessary to attain
				the twelve or twenty-six work weeks of leave will be unpaid.
(b) Notwithstanding paragraph (D)(4)(a) of this rule,
				employees may request to reserve up to eighty hours of paid vacation leave. The
				request must be made in writing prior to taking FMLA leave, if foreseeable, and
				submitted to the director of human resources. The director of human resources
				may approve the request after consultation with the immediate
				supervisor.
(5) Notice and
			 certification
(a) Employees seeking to use FMLA leave must
				provide:
(i) Thirty-day advance
				  notice of the need to take FMLA leave when the need is
				  foreseeable;
(ii) Medical
				  certification supporting the need for FMLA leave due to a serious health
				  condition affecting the employee, spouse, child or parent;
(iii) Second or third
				  medical opinions if required by the university and periodic re-certifications
				  (at the university's expense); and
(iv) Periodic reports
				  during FMLA leave regarding the employee's status and intent to return to
				  work.
(b) The director of human resources will respond to all
				FMLA leave requests in writing.
(6) Continuation of
			 benefits
(a) The university will maintain group health insurance
				coverage for an employee on FMLA leave whenever such insurance was provided
				before the leave was taken, under the same terms as if the employee had
				continued to work. Employees will continue to be responsible for their share of
				health care insurance premiums while on FMLA leave. If the employee is in paid
				leave status while on FMLA leave, appropriate deductions will be taken from the
				employee's earnings.
(b) If an employee is on unpaid leave status, and the
				university pays for the employee's share of health care insurance
				premiums, the cost of such premiums will be deducted from future earnings or
				from the employee's last paycheck. If the employee does not accrue any
				further earnings at the university, the employee will be invoiced for amounts
				paid on their behalf, if any.
(7) Reinstatement
(a) Upon return from FMLA leave, employees will be restored
				to their original jobs, or to equivalent jobs with equivalent pay, benefits,
				and other terms and conditions of employment, as required by FMLA.