An employee who requests leave for the birth or adoption of a child or to care for a sick family member and who is eligible for leave under the federal Family and Medical Leave Act is entitled to up to twelve weeks of FMLA leave each year, which may not be denied. Eligible employees are those:
Who have worked for the University for at least twelve months, who have provided at least 1,250 hours of service during the prior twelve months, and whose medical condition (or family member’s medical condition) qualifies as a serious medical condition under the FMLA or for childbirth or adoption.
The University places an eligible employee on FMLA leave when the absence from work is for two weeks or longer. Disability leave, annual leave, compensatory time, and leave without pay may be used during the period of FMLA leave as explained below and in accordance with applicable University policies.
An employee who does not qualify for Federal FMLA leave may qualify for leave under the Maine Family Medical Leave Law. An employee who has worked for the University for twelve consecutive months is eligible for up to ten consecutive work weeks of family medical leave during any two year period for the birth or adoption of a child or the serious health condition of a child, parent, or spouse. Disability leave, annual leave, compensatory time, and leave without pay may be used during the period of Maine Family Medical Leave as explained below and in accordance with applicable University Policies.
Medical certification is normally required for leave under the FMLA and Maine Family Medical Leave Law. However, no medical certification is needed for the first six weeks of a woman’s absence due to childbirth, the first two weeks of a spouse’s or domestic partner’s leave upon the birth of a child, the care of a child in the first year after birth, or adoption or placement of a foster child.
Illness of a Family Member
Disability leave may be used when an employee needs to care for an ill or injured family member in the following circumstances. For faculty and professional employees, up to 20 days of disability leave may be used for this purpose each fiscal year. For classified employees, up to half of accrued disability leave may be used for this purpose. Use of disability leave is appropriate when a family or household member requires care. For a child, even a minor illness or injury meets this standard because the child cannot be left unattended. When an adult family member is ill or injured, disability leave is appropriate only when the employee’s presence is required to care for the disabled family member or other family members.
Each collective bargaining agreement and employee handbook defines the family members covered by this policy.
If time is needed beyond the maximum disability leave allowed or accrued, the employee may request permission to use annual leave, compensatory time, or leave without pay.
Leave up to 12 weeks per year must be granted if the family member’s condition qualifies as a serious medical condition under the FMLA.