Frequently-Asked Questions

Major Medical Leave

Family and Medical Leave (FMLA)

What can leave be used for?

• Illness or injury of the employee or a member of the employee's immediate family (spouse, parent, step-parent, sibling, child, step-child, grandchild, grandparent, son- or daughter-in-law, mother- or father-in-law, or brother- or sister-in-law).

(Child means a biological, adopted or foster child, or a child for whom the employee stands or stood in loco parentis.)

• Childbearing

• Up to 3 days for death in the immediate family (spouse, parent, step-parent, brother, sister, child, step-child, grandchild, grandparent, son- or daughter-in-law, mother- or mother-in-law, or brother- or sister-in-law.

Up to 12 weeks in a fiscal year:

• Childbirth or placement of a child through adoption or foster care

• Due to the serious health condition of a child, spouse or parent.

Note: The qualifying group under FMLA is less extensive than that for major medical leave (at left).

• In the case of the employee's own serious health condition.

(d) Employers covered by FMLA are required to grant FMLA leave pursuant to paragraph (a)(2) of this section before the actual placement or adoption of a child if an absence from work is required for the placement for adoption or foster care to proceed. For example, the  employee may be required to attend counseling sessions, appear in court, consult with his or her attorney or the doctor(s) representing the birth parent, or submit to a physical examination. The source of an adopted child (e.g., whether from a licensed placement agency or
otherwise) is not a factor in determining eligibility for leave for this purpose.

Source: 29 CFR 825.112 - Under what kinds of circumstances are employers required to grant family or medical leave?

Major Medical Leave

Family and Medical Leave (FMLA)

Can a department deny an employee's request for this type leave?

A department cannot deny use of Major Medical Leave. A medical certification is required for an absence of 32 hours or more due to illness; however, a department may request a medical certification at any time.

Note: Employees cannot take major medical leave in excess of their current major medical leave balance.

Donated Leave: State law allows state employees to donate accrued personal or major medical leave to other state employees who are suffering from a catastrophic injury or illness, or to another employee who has a member of his/her immediate family who is suffering from a catastrophic injury or illness.

Mississippi State University employees may only receive donated leave from Mississippi State University employees as agencies with more than five hundred (500) employees may receive donated leave only from donor employees within the same agency. The purpose of donated leave is to provide paid leave for employees with a catastrophic injury or illness who have exhausted all other paid leave. For more information, link to Donated Leave Resources.

Family and Medical Leave is granted provided the employee meets the criteria to be eligible and submits the appropriate supporting documentation.

If the employee does not have sufficient major medical leave to cover the entire FMLA period (and thus remain in paid status), the difference between accrued major medical leave and the length of absence while on FMLA would be taken as Leave Without Pay.

Note: Under FMLA, a department cannot request a medical certification more often than once every thirty days.

Major Medical Leave

Family and Medical Leave (FMLA)

Are employees paid while on leave?

Yes, as long as the employee is using leave from their accrued major medical leave balance.

A medical certification is required for use of major medical leave after the employee has been absent for 32 hours.

FMLA is unpaid leave; however, the employee will be paid as long as they have accumulated major medical leave (or are using Donated Leave) for a documented qualifying condition and they choose to run it concurrent with FMLA.

Or, the employee may choose to exhaust all major medical leave before using Family and Medical Leave. This approach provides a longer period of time an employee remains in approved leave status (some of which may not be paid if major medical leave has been exhausted.)

Use of Donated Leave may provide additional time in which the employee remains in paid leave status. Also, as long as an employee is in paid leave status, leave is still accruing monthly.

While the employee is on major medical leave, MSU pays the employer's portion of the State Health Plan premiums; then, MSU continues to pay the employer's portion of the employee's State Health Plan premium while the employee is on Family and Medical Leave, even if the employee is in unpaid status.

Major Medical Leave

Family and Medical Leave (FMLA)

How much leave can parents use for birth of a child?

Major medical leave may be used for the illness or injury of the employee or a member of the employee's immediate family.

For a well-baby birth:

• Mother: The medical certification typically provides for six to eight weeks for the mother for her recovery from the birth.

• Father: The father can use major medical leave up to the amount certified by the physician as necessary to assist in the birth mother's recovery.

Leave taken beyond that certified by the medical provider would be taken as leave without pay.

Family and Medical Leave specifically covers birth or placement of a child, including foster care. FMLA of up to 12 weeks in a fiscal year will be granted either or both parents due to the following:

• Childbirth of placement of a child through adoption or foster care. This leave will be honored within twelve months of the birth or placement.

• Leave due to childbirth or placement of a child through adoption or foster care may be extended beyond twelve (12) weeks by the employee's department head, if it is the intention of the employee to return to University employment at the expiration of the extended leave. The employee may utilize accrued major medical leave for a qualifying condition as certified by a physician, or an unpaid leave of absence during the extended leave; however, an unpaid leave of absence may not be extended beyond one year.

See also 29 CFR 825.112 - Under what kinds of circumstances are employers required to grant family or medical leave?

Major Medical Leave

Family and Medical Leave (FMLA)

What are the main differences between birth of a child and adoption or placement of a child?

Major medical leave can be used for the illness or injury of the employee or a member of the employee's immediate family. When a birth occurs, the mother can use available major medical leave for her recovery, and the father can use available major medical leave to assist the mother in her recovery. Either parent could use major medical leave to care for an infant who is ill.

In the case of placement of a well child through adoption or foster care, there is no qualifying injury or illness of a family member, so major medical leave cannot be used.

FMLA allows up to 12 weeks within 12 months of the placement of a child through adoption or foster care. Since FMLA is unpaid leave, the employee would be in unpaid status (leave of absence without pay); however, the University would continue to pay the employer's share of the State Health Plan premium.

The parents could use FMLA at the same time, or at different times within the 12-month period following the birth or placement.

See also 29 CFR 825.112 - Under what kinds of circumstances are employers required to grant family or medical leave?

Major Medical Leave

Family and Medical Leave (FMLA)

Can leave be used for visits to a physician or other medical provider?

Major medical leave may be used 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 by a physician). 

Although the Medical Certification may not indicate specific dates of required health care (office visits, treatments, etc.), another medical certification is not required; however, some type of documentation must accompany the leave forms for these follow-up visits – appointment card, explanation of benefits (EOB) showing date of service, etc.

Example: A pregnant nine-month faculty employee has her doctor complete a medical certification on her first office visit related to the pregnancy. The medical certification indicates that office visits will be required during the pregnancy. Although the visits are not actually scheduled during the first office visit, subsequent appointments related to the original qualifying condition (pregnancy) are covered by the original medical certification during the pregnancy, hospitalization for delivery, and recovery following the birth.

FMLA may be used 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 by a physician). 

Example: A nine-month faculty member has surgery. The physician states on the medical certification that physical therapy will be required over a period of three months following the surgery. The employee using FMLA leave could use intermittent FMLA leave for the time off for physical therapy required by the FMLA-qualifying condition (surgery).

Although the Medical Certification may not indicate specific dates of required health care (office visits, treatments, etc.), another medical certification is not required; however, some type of documentation must accompany the leave forms for these follow-up visits – appointment card, explanation of benefits (EOB) showing date of service, etc.

Major Medical Leave

Family and Medical Leave (FMLA)

Can this leave be used on an intermittent basis?

Yes.

Does use of Major Medical Leave run concurrent with use of Family and Medical Leave?

This is up to the employee, who may chose to exhaust all major medical leave before using Family and Medical Leave. This approach provides a longer period of time an employee remains in approved leave status. Also, while the employee is on major medical leave, MSU pays the employer's portion of the State Health Plan premiums; then, MSU continues to pay the employer's portion of the employee's State Health Plan premium while the employee is on Family and Medical Leave, even though the employee is in unpaid status.

Major Medical Leave

Family and Medical Leave (FMLA)

How long can an employee remain on leave?

As long as certified by the medical provider and the employee has an available major medical leave balance.

What happens once both Major Medical Leave and FMLA are exhausted, yet the employee is unable to return to work?

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. Leave may be granted for, but not limited to, medical disability of employees or their family members... See HRM 60-210.

Parental Leave Issues and the Family and Medical Leave Act

One of the purposes of the Family and Medical Leave Act is to help balance the demands of the workplace with the needs of families in a gender-neutral way. MSU employees are entitled to a total of 12 work weeks of leave during the fiscal year (July 1 through June 30) for one or more of the following:

• Because of the birth of a son or daughter of the employee and in order to care for such son or daughter.

• Because of the placement of a son or daughter with the employee for adoption or foster care.

• In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition.

• Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.

Major medical leave, on the other hand, may be used for the illness or injury of an employee or a member of the employee's immediate family. It does not specifically address birth or placement of a son or daughter of an employee.

For a birth, the employee may chose to use accrued major medical leave for the period indicated in the medical certification, then begin the 12-week FMLA entitlement. The University pays the employer's share of the State Health Plan premium for up to 12 weeks, whether the leave is paid or unpaid. Use of Donated Leave may also be an available option.

For the adoption or placement of a well child, major medical leave does not apply, as there is not an illness or injury of the employee or family member; however, the FMLA provides unpaid leave for up to 12 weeks during the year following the birth or placement.

Parental Leave Scenarios

Birth of a well baby, with no medical complications for the mother.

Both parents can take major medical leave, up to the amount they have accrued, for the time indicated in the medical certification. Typically, physicians specify six to eight weeks for recovery of the mother, and about two weeks for the father to help in the mother's recovery. The parents remain in paid status for the period of time they are using accrued major medical leave.

Additionally, both parents also have up to a 12-week FMLA entitlement due to childbirth. Family and medical leave must be taken within twelve months of the birth. Options:

• Use family and medical leave concurrent with major medical leave. Since FMLA is a 12-week entitlement, the major medical leave period would end during the family and medical leave period, OR

• Begin FMLA at the end of the major medical leave, OR

• Return to work at the end of the major medical leave and use family and medical leave later during the year following birth. The two parents may chose to take family and medical leave at the same time, or at different times. They will be able to remain in paid status while using major medical leave, for the period of time certified by the medical provider.

Note: Under FMLA, employees may request and be granted intermittent leave or a reduced work schedule for the birth or placement of a child.

SCENARIO 2

Birth of a baby, with medical complications of the mother and/or infant.

Both parents can take major medical leave, up to the amount they have accrued, for the time indicated in the medical certification. Since there are medical complications, the physician will specify the time needed for the care and recovery of the infant and/or mother.

If the infant requires care, the parents may chose to take major medical leave separately in order to extend the amount of time at least one parent can be with the child.

Both parents also have up to a 12-week FMLA entitlement due to childbirth. Family and medical leave must be taken within twelve months of the birth. Options:

• If the employee has sufficient major medical leave, it could extend past the 12 weeks of FMLA, since this is a sick baby.

• Begin FMLA at the end of the major medical leave, OR

• Return to work at the end of the major medical leave and use family and medical leave later during the year following birth. The two parents may chose to take family and medical leave at the same time, or at different times. They will be able to remain in paid status while using major medical leave, for the period of time certified by the medical provider.

Note: Under FMLA, employees may request and be granted intermittent leave or a reduced work schedule for the birth or placement of a child.

SCENARIO 3

Placement of a well child through adoption or foster care.

Since the child is well, major medical leave does not apply; however, either or both parents may use up to 12 weeks of family and medical leave, either together or at different times, provided the FMLA is used within 12 months following the adoption or placement.

(d) Employers covered by FMLA are required to grant FMLA leave pursuant to paragraph (a)(2) of this section before the actual placement or adoption of a child if an absence from work is required for the placement for adoption or foster care to proceed. For example, the employee may be required to attend counseling sessions, appear in court, consult with his or her attorney or the doctor(s) representing the birth parent, or submit to a physical examination. The source of an adopted child (e.g., whether from a licensed placement agency or otherwise) is not a factor in determining eligibility for leave for this purpose.

Source: 29 CFR 825.112 - Under what kinds of circumstances are employers required to grant family or medical leave?

Note: Under FMLA, employees may request and be granted intermittent leave or a reduced work schedule for the birth or placement of a child.

SCENARIO 4

Illness of a child.

• Either parent can take accrued medical leave, up to 32 hours, without medical certification. After 32 hours, medical certification is required in order to use leave from accrued major medical leave.

• For a qualifying condition, both parents have up to a 12-week FMLA entitlement during the fiscal year. FMLA may be taken on an intermittent basis, and the employee may request a reduced work schedule to assist in caring for the child.

• Once both major medical leave and family and medical leave are exhausted, the employee may request a leave of absence without pay for up to one year.

Note: Under FMLA, a department cannot request a medical certification more often than once every thirty days.