Family Medical Leave Act (FMLA)

 

Family Medical Leave Act (FMLA) Benefits

Employees are entitled to Family Medical Leave as prescribed in ARSD 55:01:22:08.02 and the Family Medical Leave Act of 1993 (FMLA). Employees eligible for Family Medical Leave must be allowed to take at least twelve (12) weeks of leave per calendar year. If you have requested an appropriate use of Family Medical Leave, the usage will be tracked and reported to you after each pay period. All employees granted FMLA leave are entitled to return to an equivalent position, so long as the employee returns prior to the expiration of the FMLA leave; except where:

• The employee’s position has been eliminated pursuant to a bona fide reduction in force;


• The employee is employed under a contract to complete a distinct project which has been finished;
  
• The employee is employed under a terminal contract which has expired, and the employment would not otherwise have been continued.

There are additional FMLA provisions that may or may not affect an employee on Family Medical Leave Act:

• Your institution does not wish employees to return to work too early from an injury or medical illness. Therefore, your employer may require a medical certification that an employee is fit for duty and able to carry out his/her duties without physical risk to themselves or others;


• In some circumstances, your employer may require a FMLA recipient to utilize either annual or sick leave rather than leave without pay;


• If an employee requests leave because they are afflicted with a serious health condition, your employer may require medical certification of the illness;


• If an employee requests leave due to a family member’s serious health condition, your employer may require medical certification of the illness.

During Family Medical Leave your employer will continue to pay its portion of an employee’s medical benefits. However, the employee will continue to be responsible to pay the employee paid portion of his/her personal and family health benefits. If an employee fails to return to work from a family medical leave, your employer will require that the employee refund the state for the benefit payments made on behalf of the employee while the employee was on leave. This requirement will be waived if the employee is precluded from returning to work due to a serious medical condition or due to circumstances beyond his/her control. Again, the state may require documentation to validate a claim of a serious medical condition.


Return to:
Leave Information
Employee Benefits Information
Human Resources


Contact: SDSM&T Human Resources


This page has been visited 3,444 times since 02/26/2002

http://sdmines.sdsmt.edu/FMLA

Last Modified: 02/26/2002