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Employee Resources

Family and Medical Leave Act Overview (FMLA)


The following information regarding the Family and Medical Leave Act pertains to employees of the local extension unit, such as program assistants and office professionals.  Extension agents and other employees of Kansas State University should see the K-State Division of Human Capital Services web site at www.k-state.edu/hr/current-employees/leave/

FAMILY AND MEDICAL LEAVE ACT (FMLA)
The Family and Medical Leave Act, Public Law 103-5, was enacted February 5, 1993.  The act says employees are granted up to 12 work weeks of leave in a 12 month period for certain family and medical reasons. The employee is required to use all accrued paid leave toward the FMLA entitlement before being authorized leave without pay. Family members are limited to the employee, spouse, children and the employee's parents.

For additional information, see Family and Medical Leave Act - Policy for Local Extension Units of K-State Research and Extension.

When Eligible: Eligibility starts after 12 months of employment with the local unit and after the employee has worked at least 1250 hours in the 12 months immediately preceding the date FMLA leave begins.

Who Pays: The local unit pays the employee's salary if the employee is in paid leave status; otherwise, the employee is on leave without pay. The employee pays their share of health insurance premiums. The employer pays their share for the twelve weeks, even if the employee is on leave without pay.

INSTRUCTIONS


FOR THE OFFICE PROFESSIONAL OR PROGRAM ASSISTANT:

Give the employer 30 days notice, or as much notice as feasible.

FOR THE LOCAL UNIT DIRECTOR:

Complete the following steps as soon as aware of a possible eligible illness, even if the employee has ample leave to cover their anticipated absence:
    ∙    Read the FMLA Policy for Local Units of K-State Research and Extension    
    ∙    Use the Employer Checklist for Local Extension Units to determine the employee’s eligibility and to be certain that all steps are completed.
    ∙    Provide the following to the employee:
            - Sample Letter to Employee
            - Notice of Eligibility and Rights & Responsibilities
            - Certification of Health Care Provider for Employee’s Serious Health Condition
            - Certification of Health Care Provider for Family Member’s Serious Health Condition
      ∙   After Certificate of Health Care Provider is returned review the certification and complete the Designation Notice. Certificate is not required for pregnancy so the Designation Notice can be given without the certificate.
      ∙    File all documentation regarding FMLA in a file separate from the employee’s personnel file.
    
FORMS AND LETTERS:
Family and Medical Leave Act Policy for Local Units of K-State Research and Extension  (FMLA 1-2)
Family and Medical Leave Act Sample Letter to Employee  (FMLA 1-3)
Family and Medical Leave Act Employer Checklist for Local Extension Units (FMLA 1-4)
Notice of Eligibility and Rights & Responsibilities (Family and Medical Leave Act) WH-381   
Certification of Health Care Provider for Employee’s Serious Health Condition (Family and Medical Leave Act) WH-380-E
Certification of Health Care Provider for Family Member’s Serious Health Condition (Family and Medical Leave Act)   WH-380-F   
Designation Notice (Family and Medical Leave Act)   WH-382  
Certification of Qualifying Exigency For Military Family Leave (Family and Medical Leave Act)   WH-384
Certification for Serious Injury or Illness of a Current Servicemember – for Military Family Leave (Family and Medical Leave Act)    WH-385   

For additional information contact the Area Extension Director, or the Extension Operations Office at 785 532-5790.