5.12 Family and Medical Leave Act (FMLA) Leave

An employee who meets all of the following conditions is eligible to use her/his FMLA leave entitlement:

1. Has been employed with NKY Health for at least twelve (12) months in her/his lifetime

2. Has worked at NKY Health for at least 1,250 hours during the previous twelve (12) months

3. Provides appropriate certification for the leave on a form provided by Human Resources

At the conclusion of the FMLA leave, the employee is entitled to return to either the same or an equivalent position unless she/he is defined as a key employee1.

1 Among the highest paid 10 percent of NKY Health's employees

An eligible employee is entitled to up to twelve (12) workweeks of leave in a rolling twelve (12)-month period1 looking backward from the date the leave is used for any one (1) or combination of the following:

1. The birth of a child and/or to care for the newborn child within one (1) year of birth2

2. The placement with the employee of a child for adoption or foster care and/or to care for the newly placed child within one (1) year of placement2

3. To care for the employee’s spouse, child, parent or anyone standing in loco parentis3 who has a serious health condition

4. A serious health condition as defined by the FMLA which makes the employee unable to perform the essential functions of his or her job

5. Any qualifying exigency arising from the fact that the employee’s spouse, son, daughter, or parent is on active duty or called to active duty status as a member of the National Guard or Reserves in support of a contingency operation

An eligible employee is entitled to up to twenty-six (26) workweeks of FMLA leave during a rolling twelve (12)-month period1 to care for a covered service member with a serious injury or illness who is the spouse, son, daughter, parent, or next of kin to the employee (military caregiver leave).

 1 The twelve (12)-month period is measured backward from the day a designated FMLA leave is used.

 2 The leave must be completed within twelve (12) months of the birth or placement, whichever is applicable.

 3 In loco parentis means “in place of a parent.” It refers to a person who has put herself/himself in the situation of a lawful parent by assuming the obligations incident to the parental relation without going through the formalities necessary for legal adoption.

NKY Health reserves the right to designate eligible leave as FMLA leave.

Any leave designated as FMLA leave reduces an employee's remaining available balance of FMLA leave for the twelve (12) month period.

(See FMLA Management - Supervisors Responsibilities for helpful tips for supervisors.)

When foreseeable, an employee must apply for FMLA leave using the designated form(s) available from Human Resources and provide at least thirty (30) days notice before taking FMLA leave. Failure to tender the required notice may result in denial of the leave request until thirty (30) days after appropriate notice is given.

An employee unable to give thirty (30) days of advance notice must give as much advance notice as is practicable.

In the case of FMLA leave for a serious medical condition, if the leave is foreseeable based on planned medical treatment, the employee must make a reasonable effort to schedule the treatment so as not to unduly disrupt NKY Health operations.

The employee is responsible for obtaining at her/his own expense any proof related to a request for leave that appears to be eligible for FMLA protection.

Medical certification is required when an employee requests leave due to a serious health condition that appears to be eligible for FMLA protection.

The employee must assure that the designated certification form available from Human Resources is fully completed. After ensuring that the information on the form is accurate and complete, the employee must return the form to Human Resources within the designated time frame.

Recertification may be required at thirty (30) day intervals, or more frequently in the event of a change of circumstances.

Written proof is required to substantiate FMLA leave requested due to the birth, adoption or placement for foster care of a child. The proof must state the name of the parent and the date of the event.

The following are acceptable forms of proof:

1. An official copy of said child’s birth certificate

2. A signed document from an adoption or foster care agency on the agency’s letterhead

3. A signed document from the hospital or medical provider

At its expense, NKY Health may require a second (and possibly third) health care provider's opinion certifying the existence of a serious health condition.

While on FMLA leave, an employee may not engage in other employment or work of any kind. 

FMLA leave is unpaid. Any and all available forms of accumulated paid leave must be used at the beginning of FMLA leave and will run concurrently until all accumulated paid leave is exhausted.

All insurance premiums will be paid and benefit withholdings processed for an employee on FMLA leave the same as for an active employee enrolled in the same benefit(s).

While on FMLA leave, an employee must continue to pay the employee portion of any insurance premiums and benefit withholdings the same as if she/he were an active employee.

When sufficient paid leave is used concurrently with FMLA leave, premiums and withholdings will be deducted as usual.

When an insufficient balance of paid leave exists, the employee must remit payment for any premiums and withholdings to NKY Health by the first of each month of unpaid leave. If the employee fails to make the required payment(s), NKY Health will make them on the employee’s behalf as a loan and deduct the payments from the first paycheck(s) following the employee’s return to work. If the employee fails to return to work at the end of FMLA leave, NKY Health may take action to recover the loan amount.

NKY Health will continue to pay the employer portion of insurance premiums and benefit payments for an employee while she/he is on FMLA leave.

FMLA leave may qualify as one (1) or a combination of the following sequence types:

1. Intermittent FMLA

2. Consecutive FMLA

3. Reduced Schedule FMLA

Intermittent FMLA is when FMLA leave is interspersed with regular work time. The employee’s schedule may be reduced or the employee may be given time off when certain circumstances occur.

Intermittent FMLA leave will be permitted only when medically necessary and when medical appointments cannot be scheduled outside work time. Intermittent FMLA leave may not be used for birth of a baby, adoption or placement of a foster child.

NKY Health may temporarily alter the position of an employee on intermittent FMLA leave, or may require an employee on such leave to transfer temporarily to an alternative position to better accommodate the employee's need for a reduced or intermittent schedule.

Consecutive FMLA is when an employee is off work for a period of time and then returns to work.

An employee on consecutive FMLA leave must report periodically to her/his supervisor on her/his status and intent to return from leave.

When an employee on consecutive FMLA leave returns to work, her/his FMLA leave ends.

Before being reinstated to employment, an employee on consecutive FMLA leave which was related to the employee's own serious health condition must submit to NKY Health a signed statement from her/his medical provider attesting that the employee is fit for duty.

Upon return from FMLA leave, NKY Health will place an employee who is not a key employee1 in either the same position the employee held before the leave or in an equivalent position with equivalent pay, benefits and other employment terms.

An employee is entitled to restoration only if she/he would have continued to be employed had she/he not taken FMLA leave. Thus an employee is not entitled to restoration if, because of a layoff, reduction in force or other reason, the employee would not be employed at the time she/he seeks job restoration.

1 NKY Health reserves the right to deny restoration to exempt, eligible employees who are among the highest paid 10 percent of NKY Health's employees (key employees) if such denial is necessary to prevent substantial and grievous injury to NKY Health’s operations.

An employee who fails to return to work following the conclusion of FMLA leave will be considered to have compulsorily resigned effective the date the FMLA leave ended (see section 8.1.2.)

An employee who fails to return to work for at least thirty (30) calendar days after an unpaid FMLA leave due to reasons other than a serious health condition or circumstances beyond her/his control, must repay NKY Health for the amount of the employer-portion of premiums (see section 5.12.9.2) paid during the leave.

NKY Health may deduct the monies from the employee’s final pay and/or take legal action against the employee to recover such monies. When the employee is unable to return from FMLA leave because of a serious health condition, medical documentation substantiating the issue will be required and NKY Health may obtain a second (and possibly a third) opinion at its own expense.