What is the Family and Medical Leave Act?
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave for certain qualifying events. Paid leave must be substituted for unpaid leave in certain cases per Drexel’s policy.
Who is eligible for Family and Medical Leave?
You are eligible for Family and Medical Leave (FML) if you have been employed by the University for at least twelve (12) months and have worked at least 1,250 hours during the 12-month period immediately preceding the start of the leave.
How is the 12-month period determined?
The 12-month period is a rolling 12-month period measured backward from the date FML begins.
Do the 1,250 hours include paid leave or other absences from work?
No, the 1,250 hour requirement only includes time that counts towards “hours worked.” So, for example, the 1,250 hours would not include:
- Vacation, sick and personal holidays or
- Previous periods of FML leave
For what reasons can I use FML?
Eligible employees can use FML for the following reasons:
An employee’s own chronic health condition, including disability due to pregnancy and/or post-partum;
The birth and care of an employee’s newborn child;
The placement of an adopted son or daughter or a foster child with an employee (leave must conclude within 12 months after placement);
The care of an employee’s immediate family member (spouse, child or parent) with a serious health condition;
An employee’s own serious health condition that makes him or her unable to work;
- FMLA also allows up to 26 weeks of leave to employees who provide care to wounded U.S. military personnel and 12 weeks of FML to the immediate family members of soldiers, reservists and members of the National Guard who have a “qualifying exigency.”
What is a serious health condition?
Serious Health Condition is defined as an illness, injury or impairment, or physical or mental condition that involves either inpatient care or continuing care by a health-care provider:
- a period of incapacity requiring absence of more than three calendar days that involves continuing treatment by a health-care provider;
- pregnancy and time needed for prenatal visits;
- a chronic health condition, such as asthma or diabetes;
- a long-term condition such as Alzheimer’s; or
- multiple treatments by a health-care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (such as physical therapy for a back injury).
I would like to take FML for an elective surgery. Is this allowed?
Some elective surgeries are allowed under the FML policy depending on the type of procedure and the employee’s medical history. You should contact MetLife at 1-877-638-8262 to apply for FML and they will make the determination on whether your leave can be covered under the Family and Medical Leave Act.
Can leave for childbirth or adoption be taken at any time?
No. This type of leave must be taken within 12 months after the birth or placement for adoption or foster care. In some instances, the leave may start before the birth or placement for adoption, such as leave for pre-natal care or for home studies in connection with adoption.
Can leave be taken to care for children any age?
Non-military FML is only available to care for a child under the age of 18, or a child over the age of 18 with a disability where the child is unable to perform activities of daily living without assistance.
However, the FMLA regulations contain special definitions for son and daughter for both of the military leave provisions. For qualifying exigency leave, an eligible employee may take leave for his or her son or daughter on active duty or call to active duty status which is defined as the employee’s biological, adopted, or foster child, stepchild, legal ward, or child for whom the employee stood in loco parentis, who is any age.
- Under the FMLA for military caregiver leave, a parent of a covered service member means a covered service member’s biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the covered service member. This term does not include parents “in law.”
How much paid time off am I entitled to for pregnancy?
Disability resulting from pregnancy is treated like other disabilities with respect to paid leave time. The normal period of disability from the date of delivery is a maximum of six (6) weeks for a normal delivery, eight (8) weeks for a Caesarean Section or the length of time stipulated to be medically necessary by the employee’s physician.
Note: If applicable, the amount of leave that will be paid will depend upon the amount of sick and vacation accrued and the short-term disability payments.
My spouse and I are employees of the University and are expecting the birth of our child. Can both of us apply for a leave under the Family and Medical Leave Act?
Yes. Under Drexel’s FML Policy, where both parents/domestic partners are employed by the University, they are each entitled to 12 weeks of FML for the birth and care of their newborn child, or for the care and placement of a child for adoption or foster care. FMLA applies equally to male and female employees.
How do I add my newborn and/or newly adopted child to my health insurance?
You have 31 days from the birth, to make a change to your benefit elections due to this qualifying life event. You will be required to furnish written proof of a status change event such as a birth announcement or birth certificate. To initiate your change, please visit the online enrollment system through DrexelOne.
- Log into DrexelOne
- Select the Employees tab
- Select the Benefits Service Center link under the Benefits Administration heading
- Select Birth or Adoption under "Life Events." Once you select the link, the system will guide you through the process.