Does Personal Leave have to be approved in advance?
Can departments
establish work rules regarding leave?
Can an employee take
leave before it is earned?
When is leave posted to
an employee’s records?
Can a supervisor deny a
Personal Leave request?
Should a supervisor or
department complete the leave form for the employee?
Does a department
have to approve leave after an employee returns from an unplanned
absence?
What should a
department do if an employee does not have enough Personal Leave to cover
a short (8 hours or less), unplanned personal absence?
What if an employee
fails to turn in the required leave forms or medical certification?
Can the supervisor
communicate directly with the employee’s medical provider?
What should a
department do if an employee is unable to complete a leave form – in the
case of incapacitating illness, for example?
Can a department
require a medical certification for absence due to illness that does not
result in absence of 32 hours?
Can Major Medical Leave
be used on an intermittent basis?
Can FMLA be used on an
intermittent basis?
Do employees have to
exhaust all their Major Medical Leave before using FMLA?
What happens to the employee’s benefits when an
employee is on FMLA leave and in an unpaid status
because they have exhausted all Personal Leave and Major Medical Leave?
Are departments
required to approve a request for Leave of Absence Without Pay?
Do employees earn
leave or service time if they are on Leave of Absence Without Pay?
Can MSU terminate an
employee who is on FMLA leave – whether in paid or unpaid status?
Can a department deny
FMLA leave?
How do employees
request FMLA leave?
What should a
department do when an employee is ill and is about to exhaust Personal
and Major Medical Leave?
How much FMLA leave
does an employee have who works part time?
If an employee is out
for a long time due to illness, how often should a department get an
updated medical certification?
If an employee misses
8 hours of work due to illness, returns to work for a short time,
then leaves work again due to the same illness, do they have to use
another 8 hours of Personal Leave for the second absence?
If an employee is on
FMLA to care for a spouse, and the spouse dies, can the employee
continue to use FMLA leave for bereavement?
Do the 8 hours of
Personal Leave Short Illness (PLSI) have to be taken on the same work
day?
What are the
different leave codes?
Why are there so many
different leave codes?
Why do MSU employees
have a Military Leave balance on the books?
Do employees have to
turn in an Application for Leave when they are called to jury duty?
What type leave do
employees use when there is a death in their immediately family, and who
is considered immediate family?
How can employees
check their leave balances?
Should the original
leave forms be sent to HRM, or just copies?
How long should a
department retain leave forms?
How many hours of
Personal Leave can an employee take in the last six months of
employment?
Does Personal
Leave have to be approved in advance?
Employees should request
leave prior to taking the leave. HRM Policy 60-201 states, “Personal leave
may only be taken at times agreed upon by employees and their
department/unit head and must be approved in advance, except when personal
leave is requested for medical reasons.”
In the case of unplanned absences due to illness, the
employee should submit an Application for Leave form as soon as they
return to work, taking the first 8 hours from their Personal Leave (or
Compensatory time, if the employee is non-exempt and has a Compensatory
time balance).
RETURN TO FAQ
Can departments
establish work rules regarding leave?
Yes, provided the work
rules do not violate MSU policy and are applied consistently to all
employees.
Example: A department might have a work rule that requires employees to turn in
a leave form the work day following an unexpected absence. Or, a
department might ask employees to request Personal Leave of more than five
days at least two weeks in advance in order to adjust staffing. Remember,
however, that approval of Personal Leave may not be arbitrarily withheld,
or withheld without justifiable cause.
RETURN TO FAQ
Can an employee
take leave before it is earned?
No. Also, leave records
cannot be held for processing until the employee has earned additional
leave. This applies to both Personal Leave and Major Medical Leave.
RETURN TO FAQ
When is leave
posted to an employee’s records?
Both Personal Leave and
Major Medical Leave are posted the last day of the month.
RETURN TO FAQ
Can a supervisor
deny a Personal Leave request?
Approval of leave may not
be arbitrarily withheld or withheld without justifiable cause. A
department/unit head may specify that personal leave only be taken based
on departmental needs and schedules; however, if personal leave usage is
to be specified, affected non-contract employees must be notified, in
writing, at the beginning of the fiscal year. If personal leave usage is
to be specified for contract employees, the employees must be notified, in
writing, when annual contracts are issued.
RETURN TO FAQ
Should a
supervisor or department complete the leave form for the employee?
No. The employee should
complete, sign and submit the leave form. When a department completes the
leave form and asks the employee to sign it, the employee may sign the
leave form without a clear understanding of the nature and length of the
leave request they have signed.
Note:
If a department assists an employee in completing a leave form, the
employee should be given a copy of the completed, signed form. For
example, the department might assist the employee by explaining the leave
options available to the employee.
RETURN TO FAQ
Does a
department have to approve leave after an employee returns from an
unplanned absence?
No. The department has
the option of reducing the pay for a non-exempt employee for the number of
hours not approved.
Caution: Departments should be consistent in the treatment of employees.
Reducing pay for an unexcused absence for non-exempt employees should be done
only when an employee has a pattern of unexcused absences and has been
notified that further unexcused absences may result in reducing pay.
If an department takes disciplinary action against an
employee for excessive absence or tardiness (based on
HRM 60-401,
Guidelines for Employee Conduct), but approves leave forms after
the employee returns from an unplanned absence, the employee may
rightfully argue that the absence was approved and should not be
the subject of disciplinary action.
RETURN TO FAQ
What should a
department do if an employee does not have enough Personal Leave to cover
a short (8 hours or less), unplanned personal absence?
|
Exempt
regular full-time employees regularly scheduled to work one half
time or more, including 12-month faculty |
If there is no
Personal Leave, or less than 8 hours, the employee will take the
difference as Leave Without Pay.
The employee
completes an
Application for Leave of Absence Without Pay form for the number
of hours difference between 8 hours and the available Personal Leave
balance. The form is sent to Human Resources Management along with a
completed Employment Action Form (EAF) to reduce the employee’s pay
for the current pay period. Under Section G., check Short Term
Leave of Absence (w/o pay) and the number of hours used.
|
|
Non-exempt
employees regularly scheduled to work one half time or more |
Compensatory Time balances must be exhausted before Personal Leave may be used. If there is no
Compensatory Time and no Personal Leave, the employee will take the
difference as Leave Without Pay.
The employee
completes an
Application for Leave of Absence Without Pay form for the number
of hours difference between 8 hours and the available personal leave
balance. Once approved by the department, the form is sent to Human
Resources Management. The department uses the earn code DOC to
reduce the employee’s pay for the current pay period (when keying
time for semi-monthly payroll). |
|
Intermittent
employees |
Do not earn
Personal Leave and would be in unpaid status. |
RETURN TO FAQ
What if an employee
fails to turn in the required leave forms or medical certification?
Failure to turn in leave
forms or medical certification is a violation of both HRM policy and State
law. The department can take disciplinary action against an employee under
HRM 60-401,
Guidelines for Employee Conduct, Item 5, for “Failure to follow
University or departmental policies or state/federal laws . . .”
RETURN TO FAQ
Can the
supervisor communicate directly with the employee’s medical provider?
There should be no
communication between the department and the medical provider unless an
employee is absent due to workplace injury or illness that results in an
approved Workers’ Compensation claim. Communicating with a medical
provider may be a violation of federal privacy laws.
In cases where the
employee is absent on an approved Workers’ Compensation claim, supervisors
are cautioned that any information requested should be the minimum
necessary for the intended purpose (such as to determine when the employee
may be released to return to work without limitations).
Caution:
If the employee is on FMLA leave, there should not be any communication
between the employer and the medical provider(s). Also, employers
cannot ask for Medical Certification more often than every 30 days for an
employee on FMLA.
RETURN TO FAQ
What should a
department do if an employee is unable to complete a leave form – in the
case of incapacitating illness, for example?
The department can ask a
close relative (spouse, for instance) to complete and sign the leave form,
noting that they are signing for the absent employee. The department may
need to assist the relative in completing the leave form correctly (by
explaining leave codes, policy(ies), etc.).
RETURN TO FAQ
Can a department
require a medical certification for absence due to illness that does not
result in absence of 32 hours?
Yes, with caution. If
there is a pattern of short illnesses, the supervisor can ask an employee
to submit a medical certification for an absence less than 32 hours;
however, it may be more effective for the department to work with the
employee to set workplace expectations, reinforce work rules, and notify
the employee that future unapproved absences may result in the department’s
requiring the employee to take the time as Leave Without Pay.
RETURN TO FAQ
Can Major Medical
Leave be used on an intermittent basis?
Yes, once certain
conditions are met.
HRM Policy 60-201, Major Medical Leave, states, “Major medical leave
may be used, without prior use of additional personal leave, for regularly
scheduled visits to a physician’s office or a hospital for the continuing
treatment of a chronic disease or condition requiring scheduled health
care, as certified in advance by a physician.”
Example: An employee has surgery for cancer. The doctor completes a medical
certification showing that the patient will be required to undergo
follow-up treatment. When the employee submits the Application for Leave
for regularly-scheduled doctor’s visits, they will indicate that the visit
is for continuing treatment and submit a copy of the appointment card.
Remember, the employee has submitted a Medical Certification
at the time of surgery, indicating that they be required to have follow-up
visits. So, they can use Major Medical Leave for regularly-scheduled
follow-up visits without reverting to the use of Personal Leave. The first
8 hours of Personal Leave was used the first day of the hospital stay for
surgery.
However, if the employee becomes ill as a result of a
scheduled chemotherapy treatment and must stay home the day following
treatment, they
would be required to use Personal Leave for that 8 hours because it was
not continuing treatment as precertified by the medical provider.
RETURN TO FAQ
Can FMLA be used on
an intermittent basis?
Yes, if it is necessary
for the employee to be absent for regularly-scheduled visits to a
physician’s office or a hospital for continuing treatment related to the
FMLA leave.
Example: An employee who was on FMLA leave for six weeks due to knee surgery may
be required to undergo physical therapy as part of the recovery from the
knee surgery. The employee’s medical certification would indicate that the
intermittent leave is necessary. The employee could use intermittent FMLA
leave for these visits.
RETURN TO FAQ
Do employees have
to exhaust all their Major Medical Leave before using FMLA?
Yes, Employees must exhaust all applicable accrued personal, major medical, and compensatory time before a leave of absence without pay can be granted.
RETURN TO FAQ
What happens to the employee’s benefits when an employee is on FMLA leave and is in
an unpaid
status because they have exhausted all Personal Leave and Major Medical
Leave?
If an employee is in
an unpaid status and on FMLA leave, MSU continues to pay the employer’s share
of the Public and State Employees’ Health Insurance premiums. The employee
should contact Human Resources Management to arrange for payment of
premiums for other coverages.
Note: If the employee fails to return to work at the end of FMLA leave, the
premiums paid on their behalf while they were in the unpaid status may be due
and payable to MSU.
RETURN TO FAQ
Are departments
required to approve a request for Leave of Absence Without Pay?
No, with the exception of
a case where an employee is on FMLA leave and has exhausted all other
leave options.
In other cases, a leave of absence without pay may be granted to regular employees, after applicable accrued personal, major medical, and compensatory time are exhausted, for a period of one month up to one calendar year at the discretion of the employees' responsible administrator." Also, the leave will not be granted unless the employee intends to return to work at the University at the expiration of the leave of absence.
In the case of professional development beneficial to the employee and the University, the employee would not have to first exhaust accumulated leave.
RETURN TO FAQ
Do employees
earn leave or service time if they are on Leave of Absence Without Pay?
No. Service time in the
Public Employees’ Retirement System of Mississippi or the Optional
Retirement Plan is not earned for any period of unpaid leave of absence.
Also, personal and major medical leave days are not earned during the
unpaid portion of the leave of absence.
RETURN TO FAQ
Can MSU
terminate an employee who is on FMLA leave – whether in paid or unpaid
status?
No. Employees taking
Family and Medical Leave are guaranteed the right to return to their
previous or an equivalent position with no loss of benefits at the end of
the leave.
Caution: Supervisors should be careful in handling disciplinary action for
employees who have taken Family and Medical Leave.
Example: A non-exempt employee was often tardy before taking Family and Medical
Leave; however, the supervisor had not discussed the attendance issue with
the employee and had never taken disciplinary action based on the
tardiness or other performance or behavior problems.
Upon return to work after Family and Medical Leave, the
employee continues to be tardy. If the supervisor decides to take
disciplinary action at this time, it could be considered retaliation for
the employee’s having taken the Family and Medical Leave. The supervisor
should document attendance and work with the employee toward
correcting the behavior.
However, if the supervisor had documented performance issues
and taken disciplinary action before the employee was absent on FMLA
leave, there would be a history of disciplinary action prior to the FMLA
leave and potential for a charge of retaliation would be reduced.
RETURN TO FAQ
Can
a department deny FMLA leave?
No. Eligible employees
are entitled to Family and Medical Leave for qualifying conditions. The
employee does have a responsibility for providing his/her department head
with certification from a physician of the qualifying condition.
RETURN TO FAQ
How do employees
request FMLA leave?
To request Family and
Medical Leave, an employee must complete an Application for Leave form
with appropriate certification (Medical
Certification for Major Medical Leave or Family and Medical Leave, Medical
Leave of Absence, Excuse/Release to Work) attached, and submit the
form to the department head for approval.
RETURN TO FAQ
What
should a department do when an employee is ill and is about to exhaust
Personal and Major Medical Leave?
The department should
send the employee a letter advising them of FMLA rights. The employee who
wishes to use Family and Medical Leave has 15 days from the receipt of
notification from the department to furnish the required Medical
Certification.
RETURN TO FAQ
Supervisors should contact the employee's Human Resources Generalist at 662-325-3713 to discuss options before the employee runs out of FMLA leave.
If the employee is a
faculty member, contact Human Resources Management at 662-325-3713 and the
Office of the Provost at
662- 325-3742.
RETURN TO FAQ
If an employee misses 8 hours of work due
to illness, returns to work for a short time, then leaves work again due
to the same illness, do they have to use another 8 hours of Personal Leave
for the second absence?
Yes. Employees who
return to work – for even a short period of time – must use another 8
hours of Personal Leave before using Major Medical Leave.
RETURN TO FAQ
Do the 8 hours of Personal Leave Short
Illness (PLSI) have to be taken on the same work day?
No, it may span two
days.
Example:
An employee who regularly works 8:00 to 5:00, with a one-hour lunch break,
leaves at 1:00 on a Wednesday due to illness. The employee is also sick on
Thursday and misses the entire day. The Leave form would show the first 8
hours Personal Leave Short Illness:
|
Wednesday |
4 hours PLSI (1:00 to 5:00 p.m.) |
|
Thursday |
4 hours PLSI (8:00 a.m. to 12:00 noon) |
|
Thursday |
4 MMED (1:00 to 5:00 p.m. |
RETURN
TO FAQ
What are the different leave codes?
The leave codes are:
|
PERS
|
Personal Leave |
|
|
FMPL |
Personal Leave |
Being used
concurrently with FMLA |
|
PLSI
|
Personal
Leave/Short Illness |
For the first 8
hours of illness |
|
FMPS |
Personal
Leave/Short Illness |
For personal
leave being used concurrently with FMLA |
|
MMED |
Major Medical
Leave |
For hours used
after first eight hours of illness |
|
FMMM |
Major Medical
Leave
|
Which is being
used concurrently with FMLA after the first 8 hours of illness |
|
MMDF |
Major Medical
Leave/Death in the Immediate Family |
Per occurrence
|
|
MILT |
Military Leave |
|
RETURN TO FAQ
Why are there so many different leave
codes?
It allows both
departments and MSU administrative units to be able to track leave usage –
thus, the various leave codes.
Example:
An eligible employee can use up to 12 weeks of FMLA leave in a fiscal
year. This is an entitlement under Federal law. It is important that MSU closely monitors this leave usage in compliance with both
Federal and State law, as well as MSU policy. The leave codes help track
whether or not the Personal Leave and Medical Leave is associated with
FMLA leave.
RETURN TO FAQ
Why do MSU employees have a Military
Leave balance on the books?
Full-time regular MSU
employees show a Military Leave balance of 120 hours at the beginning of each calendar year;
however, for employees to use military leave, they must be a member of the
National Guard or any reserve component of the Armed Forces of the United
States who are ordered to duty for training or exercises. See also
Military Leave
Resources.
RETURN TO FAQ
Do employees
have to turn in an Application for Leave when they are called to jury
duty?
No. The unit head grants
administrative leave with pay to employees who are called upon for service
on a jury or as a subpoenaed witness, other than as a plaintiff or
defendant, in a judicial or administrative proceeding. Such service
must be verified by the Clerk of the Court.
RETURN TO FAQ
What type leave
do employees use when there is a death in their immediate family, and who
is considered immediate family?
Leave for Death in the
Immediate Family may be used for the death of a spouse, parent,
step-parent, brother, sister, child, step-child, grandchild, grandparent,
son- or daughter-in-law, mother- or mother-in-law, or brother- or
brother-in-law. Employees may use up to three days of earned Major Medical
Leave per occurrence. If additional time is needed for that absence, Major
Medical Leave and/or Personal Leave policies and procedures apply, as
appropriate.
RETURN TO FAQ
How can
employees check their leave balances?
The Employee Information
section of Banner Web (http://oncampus.msstate.edu/cp/home/loginf)
allows MSU employees to view their leave history and balances. Banner Web
requires a NetID and NetPassword.
Departments keying leave
online can generate leave reports for their employees. HRM can also
generate leave reports for employees upon request.
RETURN TO FAQ
Should the
original leave forms be sent to HRM, or just copies?
Departments who send their leave forms to HRM for keying
should send the originals, retaining a copy for their file, if they wish.
RETURN TO FAQ
How long should
a department retain leave forms?
If departments are keying
leave in Banner, the original leave forms should be kept in the department
for the current year, plus the 3 previous calendar years. Leave forms
should be kept separately from the personnel files.
For departments who send
the leave forms to HRM for keying, forms are retained for the current
year, plus the 3 previous calendar years.
RETURN TO FAQ
How many hours
of Personal Leave can an employee take in the last six months of
employment?
No more than 240, except
as approved through the employee's chain of command, as defined by HRM
60-201.
RETURN TO FAQ
How much FMLA
does an employee have who works part time?
All regular full-time (50
percent or greater) employees of Mississippi State University are entitled
to Family and Medical Leave.
Employees who work 50
percent time or greater, but less than 100 percent time, are entitled to
leave on a pro-rata basis.
RETURN TO FAQ
If an
employee is out for a long time due to illness, how often should a
department get an updated medical certification?
Every six months.
RETURN TO FAQ
If an employee is on FMLA to care for a spouse, and the spouse dies, can
they continue to use FMLA leave for bereavement?
No. FMLA ends upon the
death of the immediate family member for which it is being used. MSU does
allow three days (per incidence) for Death in the Immediate Family.
RETURN TO FAQ
The
Basics: Personal, Major Medical, and Family and Medical Leave (FMLA)