UNIVERSITY OF PITTSBURGH POLICY 07-07-02
SECTION: Employee Leave Benefits
SUBJECT: Leave Under the Family and Medical Leave Act for Staff
EFFECTIVE DATE: March 20, 2013 Revised
This policy establishes family, medical, and military family leaves of absence for staff in
accordance with the Family and Medical Leave Act of 1993, as amended (the "FMLA").
Regular full- and part-time staff members who have worked for the University for at
least 12 months and have been employed for at least 1,250 hours of service during the
12-month period are eligible for this benefit. The "12 month period" is determined by
measuring backward from the date a staff member uses any family or medical leave.
Position reinstatement rights may not be available to key employees in certain
circumstances as defined by the FMLA.
The Office of Human Resources is responsible for administering benefits under the Family
and Medical Leave Act and will provide information, upon request, concerning staff
member rights and responsibilities.
Basic Leave Entitlement
Eligible staff members are entitled to a total of up to 12 work weeks of guaranteed leave
without pay during any 12-month period for one or more
of the following:
- Birth, adoption, or care of a newborn child of the staff member or placement of a foster
child with the staff member
- Care of an immediate family member with a serious health condition or because the
staff member's own serious health condition renders the staff member incapacitated from
performing the functions of his or her job
Immediate family members include parents, biological or adopted children, or spouse. The
term parent refers to a biological, foster or adoptive parent, a stepparent, or legal guardian.
For medical leave, child means a biological, adopted, or foster child, a stepchild, a legal ward,
or a child of a person standing in loco parentis, who is under age 18, or age 18 or older and
"incapable of self-care" as defined pursuant to FMLA regulations.
Military Family Leave Entitlements
Eligible staff members are also entitled to up to 26 weeks of unpaid servicemember family
leave during one 12-month period to care for a covered servicemember if the staff member
is the spouse, son, daughter, parent or next of kin to the covered servicemember. Such
family leave shall only be available during a single 12-month period.
Combined total leave under the Family and Medical Leave Act is limited to a total of 26
weeks during the single 12-month period beginning with the first day of use of
servicemember family leave.
Covered servicemember means a member of the Armed Forces, including a member of the
National Guard of Reserves, who is undergoing medical treatment, recuperation, or
therapy, is otherwise in out-patient status, or is otherwise on the temporary disability
retired list, for a serious injury or illness as defined in the Act. Covered servicemember also
includes covered veterans.
In addition, eligible staff members with a spouse, son, daughter or parent on covered active
duty or call to covered active duty status in the Regular Armed Services, National Guard or
Reserves in support of a contingency operation may use their 12-week leave entitlement to
address certain qualifying exigencies. Qualifying exigencies may include attending certain
military events, arranging for alternative childcare, addressing certain financial and legal
arrangements, attending certain counseling sessions, and attending post-deployment
For further details, see: http://hr.pitt.edu/sites/default/files/uploads/FMLA%20poster%202013.pdf
Use of Leave
Medical leave, to care for oneself or a family member, qualifying exigency leave and
servicemember family leave may be used on an intermittent basis. However, leave taken
for the birth, adoption, or care of a newborn child or placement of a foster child with the
staff member cannot be taken intermittently. If a husband and wife are both eligible for
FMLA leave and are both employed by the University, they are limited to a combined total of
12 weeks of leave during any 12-month period if the leave is taken for: (1) the birth of the
employee’s son or daughter or to care for the child after birth; or (2) placement of a son or
daughter with the employee for adoption or foster care, or to care for the child after
placement. A husband and wife who are both employed by the University are limited to a
total of 26 weeks for servicemember family leave, and if leave taken by the husband and
wife includes non-servicemember family leave under the FMLA, the non-servicemember
family leave portion of the leave
may also be restricted as described above.
Notice to the University
If the reason for requesting leave under the Family and Medical Leave Act is foreseeable,
the staff member is required to provide not less than 30 calendar days notice of intent to
take the leave. If the need for the leave is unforeseeable, notice as soon as is practicable
The staff member must submit to the University's third party provider the required
certification or verification for the type of FMLA leave requested. Such certification or
verification must be provided within 15 days of its
request by the third party provider.
If the staff member fails to submit the required certification or verification in a timely
manner, the staff member may not be approved to use leave under the FMLA, thereby
jeopardizing the staff member's employment status. In accordance with provisions of the
Family and Medical Leave Act, the University reserves the right to obtain additional
Use of Sick, Vacation, and Personal Days
A staff member must use all accrued sick days, but may elect to use any or all accrued
vacation and personal days, for all or part of the approved leave period. Consistent with
the Act, accrued vacation, personal, or sick days cannot be used to extend the protected
leave. While on unpaid leave, the staff member does not accrue vacation or sick time.
Similarly, during a month in which the staff member uses accrued leave to receive a full
of pay during the leave, the staff member does not accrue vacation or
Continuation of Medical Insurance Benefits
During the approved leave, the University will continue to pay its share of medical insurance
premiums. If the staff member does not return to the University at the end of an approved
unpaid leave, the staff member must repay to the University premiums paid on behalf of the
staff member. Recovery of premiums will be made consistent with the Family and Medical
Life and Disability Insurance Benefits
The staff member may elect to continue life and disability insurance by assuming payment
of the total premium for the benefit for the duration of
Return to Work
Prior to being restored to employment, a staff member whose FMLA leave was occasioned
by the employee's own serious health condition, may be required to provide a written fitness-
for-duty certification signed by his or her health care provider. Upon return from approved
leave under the Family and Medical Leave Act, a staff member will be restored to the
previously held or an equivalent position with the same benefits and pay effective the
date of the staff member's return to work.
Extending a Family or Medical Leave
A staff member unable to return to work at the end of leave under the Family and Medical
Leave Act may request an extension of the leave for a period of up to an additional 60
work days. The University does not continue to pay its share of medical insurance
premiums during this extended leave. In addition, the University does not guarantee a
staff member's position beyond the maximum leave period provided by the Family and
Medical Leave Act unless otherwise required by law. The total leave cannot exceed 120
days, unless the staff member is legally entitled to a longer extended leave of absence.
Procedure 07-07-02, Leave Under the Family and Medical Leave Act for Staff