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Personal, Medical, and Family and Medical Leave |
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Personal, Medical, and Family and Medical Leave |
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Personal, Major Medical, and Family and Medical Leave (FMLA)
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Personal Leave With Pay |
Major Medical Leave With Pay |
Family and Medical Leave (FMLA) |
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What policies or procedures cover leave? |
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Personal Leave With Pay |
Major Medical Leave With Pay |
Family and Medical Leave (FMLA) |
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Which employees have this benefit? |
All regular employees who work at least 50 percent of the time, except:
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All regular employees who work at least 50 percent of the time, except:
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All regular full-time (50 percent or greater) employees.
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*Effective July 1, 2005, employees of
the Public Universities must be participating in the Mississippi Public
Employees' Retirement System or the State Institutions of Higher
Learning Optional Retirement Program to be eligible for personal and
major medical leave.
Temporary employees and rehired retirees hired after July 1, 2005 will no longer accrue personal or major medical leave. Existing temporary employees' and rehired retirees' personal leave balances up to but not exceeding 240 hours will be paid upon separation from Mississippi State University. |
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Personal Leave With Pay |
Major Medical Leave With Pay |
Family and Medical Leave (FMLA) |
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How soon after being hired does an employee begin to accumulate leave? |
The leave that accrues during the month is posted on the last working day of the month. An new employee who comes to work during a month (say, on the 15th of a month) accrues leave in proportion to the number of days worked during that month; however, that leave is not posted until the end of the month. No leave could be taken until the accrued leave is posted. |
The leave that accrues during the month is posted on the last working day of the month. An new employee who comes to work during a month (say, on the 15th of a month) accrues leave in proportion to the number of days worked during that month; however, that leave is not posted until the end of the month. No leave could be taken until the accrued leave is posted. |
Upon employment
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Personal Leave With Pay |
Major Medical Leave With Pay |
Family and Medical Leave (FMLA) |
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What can this leave be used for? |
Note: Non-exempt employees with a Compensatory Leave Balance must use Compensatory Leave before using personal leave. |
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Note: Requires medical certification. |
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Personal Leave With Pay |
Major Medical Leave With Pay |
Family and Medical Leave (FMLA) |
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Can a department deny an employee's request for this type leave? |
Note: Employees cannot take Personal Leave in excess of their current Personal Leave balance. |
A department cannot deny use of Major Medical Leave as long as the employee furnishes a supporting Medical Certification. Note: Employees cannot take Major Medical Leave in excess of their current Major Medical Leave Balance. |
FMLA leave will be granted provided the employee meets the criteria to be eligible for FMLA and submits the appropriate supporting documentation.
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Personal Leave With Pay |
Major Medical Leave With Pay |
FMLA |
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How much leave do full-time employees accrue? |
The following monthly and annual accrual rates are based on employment for 40 hours per week for 12 calendar months annually.
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The following monthly and annual accrual rates are based on employment for 40 hours per week for 12 calendar months annually.
Employees who work more than 20 hours per week and/or less than 12 months annually earn major medical leave credit on a pro-rata basis of the full-time rates above. |
Employees are entitled to twelve (12) weeks of leave during the fiscal year (July 1 to June 30).
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Personal Leave With Pay |
Major Medical Leave With Pay |
Family and Medical Leave (FMLA) |
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How much leave do nine-month faculty accrue? |
None |
Nine-month faculty members accrue credit for major medical leave as follows:
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Employees are entitled to twelve (12) weeks of leave during the fiscal year (July 1 to June 30).
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Personal Leave With Pay |
Major Medical Leave With Pay |
Family and Medical Leave (FMLA) |
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How much leave do part-time employees earn? |
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Part-time employees who work at least 50 percent time or greater are entitled to FMLA leave on a pro-rata basis.
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Personal Leave With Pay |
Major Medical Leave With Pay |
FMLA |
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Is there a limit to the amount of leave an employee can accumulate? |
No |
No |
FMLA Leave does not accumulate. Eligible employees have an entitlement of 12 weeks per fiscal year for qualifying conditions. |
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Personal Leave With Pay |
Major Medical Leave With Pay |
Family and Medical Leave (FMLA) |
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Are employees paid while on leave? |
Yes, as long as the employee has available accumulated Personal Leave. |
Yes, as long as the employee has an available Major Medical, Personal Leave, or Compensatory Time (non-exempt employees) balance available.
Note: Employees are required to take the first day (8 hours) of an illness from their Personal Leave or Compensatory Leave balance. If the employee does not have 8 hours of Personal and/or Compensatory Leave, the difference is taken as Leave Without Pay. |
FMLA is not paid leave; however, the employee will be paid as long as have accumulated Personal and/or Major Medical Leave. Non-exempt employees may also have a Compensatory time balance.
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Personal Leave With Pay |
Major Medical Leave With Pay |
Family and Medical Leave (FMLA) |
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What happens to the leave when the employee separates from the University? |
Retirement or other Termination
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Upon termination of employment, unused major medical leave shall be counted as creditable service for those employees participating in the Public Employees' Retirement System.
Unused major medical leave shall be forfeited by those employees participating in the Optional Retirement Plan |
NA
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Personal Leave With Pay |
Major Medical Leave With Pay |
Family and Medical Leave (FMLA) |
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When is leave posted to an employee's records? |
The last working day of the month. |
The last working day of the month. |
At the beginning of each fiscal year, employees begin a 12-week entitlement.
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Personal Leave With Pay |
Major Medical Leave With Pay |
Family and Medical Leave (FMLA) |
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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. |
No. Also, leave records cannot be held for processing until the employee has earned additional leave. |
No. Eligible employees have a 12-week entitlement per fiscal year, which at MSU begins on July 1, ending the next June 30.
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Personal Leave With Pay |
Major Medical Leave With Pay |
Family and Medical Leave (FMLA) |
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Who is an "immediate family member?" |
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Spouse, parent, step-parent, sibling, child, step-child, grandchild, grandparent, son- or daughter-in-law, mother- or mother-in-law, or brother- or sister-in law. |
Child, parent, spouse, or parent.
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Please contact the Human Resources Generalist assigned to your department if you have questions about leave or other employee issues. Phone: 662 325-3713 Questions:
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).
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.
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.
When is leave posted to an employee’s records? Both Personal Leave and Major Medical Leave are posted the last day of the month.
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.
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.
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.
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 . . .”
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.
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.).
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.
Can Major Medical Leave be used on an intermittent basis? Yes, once certain conditions are met. HRM Policy 60-202, 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.
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.
Do employees have to exhaust all their Major Medical Leave before using FMLA? No. Employees may chose to exhaust Major Medical Leave, and also Personal Leave and available Compensatory time before using the FMLA entitlement of 12 weeks in a fiscal year. If the employee chooses, they may use FMLA leave concurrently with Major Medical and other 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.
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, Leave of Absence Without Pay is “. . . 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.
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.
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.
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.
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.
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.
HRM policy #60-210, Leave of Absence, states, "A leave of absence without pay may be granted to regular employees for a period of up to one (1) calendar year at the discretion of the employees' responsible administrator."
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.
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.
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:
What are the different leave codes? The leave codes are:
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The
Basics: Personal, Major Medical, and Family and Medical Leave (FMLA)