TEXAS AGRILIFE RESEARCH PROCEDURES

31.03.05.A1.01 FAMILY AND MEDICAL LEAVE
Approved: September 6, 1999
Revised: July 21, 2001
Supplements: System Regulation 31.03.05

System Regulation 31.03.05, Family and Medical Leave, provides guidelines for the administration of the Family and Medical Leave Act (FMLA). The Texas Agricultural Experiment Station will also adhere to the following requirements.

2.01 When an employee is absent from work, or anticipates being absent from work, due to their own illness or the illness of an immediate family member, the supervisor must first determine if the employee is eligible for FMLA and if so, that the situation is a "serious health condition"as defined under the FMLA.

2.02 The employee does not need to request that the leave be designated as FMLA, for it to qualify; however, the supervisor must obtain sufficient information to determine if the leave qualifies for FMLA. The Family and Medical Leave Act Supervisor Checklist may be used to facilitate a determination (Attachment A).

2.03 Within two business days of learning of the need for leave and determining the qualification, the supervisor will send an FMLA packet to the employee. An FMLA packet generally contains the following:

A. Completed memorandum: Notification of Family Medical Leave Act (FMLA) Eligibility;

B. Notice of Family and Medical Leave Usage and Obligations;

C. Texas A&M AgriLife (AgriLife) form AG-411, Request for Leave; (not required for Leavetraq) and

D. HR-36 - Medical Certification Form

2.04 If the leave is paid, the employee must comply with normal leave certification requirements as outlined in System Regulation 31.03.02, Sick Leave, and System Regulation 31.03.01, Vacation. If the leave is without pay, a completed HR-36 - Medical Certification Form is required within 15 days of the employee going into a leave without pay status, unless 15 days is not practical. All certifications must be treated as confidential medical records and kept separate from personnel records, in accordance with Texas AgriLife Research (AgriLife Research) Procedure 33.99.99.A1.02, Official Personnel File.

2.05 If the physician’s documentation certifies the employee is absent from work due to an FMLA condition, the absence is documented as FMLA leave and a previous tentative designation must then be confirmed.

2.06 If the physician’s documentation does not verify that the illness is a "serious health condition" under FMLA guidelines, the employee must be informed and the leave documented appropriately.

2.07 Leave which qualifies as FMLA leave runs concurrently with sick leave, vacation, and/or leave without pay. FLSA and or state compensatory time will not count as part of the 12 weeks of FMLA leave, although it may be taken in the middle of an FMLA designated leave.

For questions concerning this procedure or FMLA, contact the AgriLife Human Resources at 979-845-2423. Additional information and training on FMLA can be located on the internet at http://agtraining.tamu.edu/fmla/fmlamain.htm.