- inpatient care in a hospital, hospice or residential medical care
facility, including a period of incapacity or subsequent
connected treatment; or
- continuing treatment by a health care provider; or
- any period of incapacity of more than three consecutive
calendar days and any additional period of related incapacity
that also involves either treatment two or more times by a
health care provider or a regimen of continuing treatment
under the supervision of a provider; or
- any period of incapacity due to one’s own pregnancy or prenatal
- any period of incapacity for the treatment of a chronic serious
health condition, which may require periodic visits for
treatment, may continue over an extended period of time,
and/or may be episodic in nature (for example, asthma,
diabetes, epilepsy, etc.); or
- any period of incapacity for the treatment of a permanent or
long-term condition that requires continuing supervision, but
not active treatment, by a health care provider (for example,
Alzheimer’s, severe stroke, terminal stage of a disease); or
- any period of absence to receive multiple treatments either for
restorative surgery or for a condition which would result in
incapacity if not treated (for example, severe arthritis, cancer,
Approved FMLA leave which is taken on an intermittent basis as part
of a day, a few days in a week, or on a reduced work schedule.
Health Care Provider
A doctor of medicine or osteopathy who is authorized to practice
medicine or surgery (as appropriate) by the State in which the doctor
practices OR any other person determined by the Secretary of Labor
to be capable of providing health care services.
Biological parent of an employee OR an individual who stood in
place as a parent (in loco parentis) to an employee when the
employee was a son or daughter.
Son or Daughter (Child)
A biological, adopted, or foster child, a stepchild, a legal ward, or a
child of a person standing in place as a parent (in loco parentis) who
- under eighteen (18) years of age; or
- eighteen (18) years of age or older and incapable of self-care
because of a mental or physical disability.
A husband or wife, as the case may be.
Covered Active Duty
In the case of a member of the regular component of the Armed
Forces, duty during the deployment of the member with the Armed
Forces to a foreign country; and
In the case of a member of the reserve component of the Armed
Forces, duty during the deployment of the member with the Armed
Forces to a foreign country under a call or order to active duty under
a provision of law referred to in Section 101(a)(13)(B) of Title 10 of
the United States Code.
A member of the Armed Forces (including a member of the National
Guard or Reserves) who is undergoing medical treatment,
recuperation or therapy, is otherwise in outpatient status, or is
otherwise on the temporary disability retired list for a serious injury or
A veteran who is undergoing medical treatment, recuperation, or
therapy for a serious illness or injury and who was a member of the
Armed Forces (including a member of the National Guard or
Reserves) at any time during the period of five (5) years preceding
the date on which the veteran undergoes that medical treatment,
recuperation, or therapy.
Reduced Leave Schedule
A leave schedule that reduces the usual number of hours per
workweek, or hours per workday, of an eligible employee.
The status of a covered service member of the Armed Forces
- a military medical treatment facility as an outpatient; or
- a unit established for the purpose of providing command
and control of members of the Armed Forces receiving
medical care as outpatients.
Next of Kin
The nearest blood relative of an individual.
Serious Injury or Illness
In the case of a member of the Armed Forces (including a member
of the National Guard or Reserves), an injury or illness that was
incurred by the member in the line of duty while on active duty in the
Armed Forces (or existed before the beginning of the member’s
active duty and was aggravated by service in the line of duty on
active duty in the Armed Forces) and that may render the member
medically unfit to perform the duties of the member’s office, grade,
rank, or rating; and
In the case of a veteran who was a member of the Armed Forces
(including a member of the National Guard or Reserves) at any time
during a period described in Section 101(a)(15)(b) of Title 10 of the
United States Code, an injury or illness that was incurred by the
member in line of duty while on active duty in the Armed Forces.
A person who served in the active military, naval, or air service and
who was discharged or released from there under conditions other
Part A: Basic Leave Entitlement
West Virginia University provides an eligible employee with up to twelve (12) weeks of unpaid,
job-protected FMLA leave per year, for any of the following reasons:
- for incapacity due to pregnancy, prenatal medical care, or child birth;
- to care for the employee’s child after birth or placement for adoption or foster
- to care for the employee’s spouse, son, daughter, or parent, who has a serious
health condition; or
- for a serious health condition that makes the employee unable to perform the
essential functions of his/her position.
At WVU, such FMLA leave may be paid or unpaid leave, contingent upon the eligible
employee’s leave accruals. For paid leave, all usage of accrued sick leave, annual leave,
CTO (compensatory time off), STO (substitute time off), and/or other accrued leave types,
shall be taken by the employee in accordance with WVU procedures or guidelines and federal
During FMLA leave, an eligible employee’s health insurance benefits shall be maintained at
the same level and under the same conditions as if the employee had continued to work. The
employee shall be responsible for his/her share of the premium payment.
FMLA leave may be taken on a consecutive twelve (12) week basis or, when medically
necessary, on an intermittent basis, which may include being taken as part of a day, a few
days during the week, or on a reduced work schedule. Intermittent leave should be
scheduled so that it interferes as little as possible with the employee’s job duties. If
necessary, WVU may assign the employee to an alternative position with equivalent pay and
benefits in order to accommodate the employee’s intermittent leave schedule.
FMLA leave may run concurrently with qualifying absences due to parental leave,
catastrophic leave, worker’s compensation leave, or other applicable personal or medical
leaves of absence. When both the FMLA and the West Virginia Parental Leave Act apply to
the qualifying reason or condition, the requirements that are more favorable to the employee
will be used.
Upon return from FMLA leave, an eligible employee who can perform the essential functions
of his/her position is entitled to be returned to the same position or to an equivalent position
with equivalent pay, benefits, and terms and conditions of employment.
When an eligible employee is unable to perform the essential functions of his/her position
after returning from FMLA leave because he/she may now have a disability because of the
serious health condition, the employee shall have the right to be considered for reasonable
accommodation(s) under the Americans with Disabilities Act (ADA).
Special hours of service eligibility requirements apply to airline flight crew employees under
the FMLA. WVU does not currently have any such employees.
An employee may file a complaint with the U.S. Department of Labor or bring a private lawsuit
if he/she asserts that WVU has interfered with, restrained, or denied the exercise of the
employee’s rights under the FMLA or discharged or discriminated against the employee for
opposing any practice made unlawful by the FMLA or for being involved in any proceeding
under or relating to the FMLA. FMLA does not affect any federal or state law prohibiting
discrimination or supersede any state or local law which may provide greater family or
medical leave rights.
Part B: Military Family Entitlements
An eligible employee whose spouse, son, daughter, or parent is on covered active duty or
called to covered active duty status may use his/her twelve (12) week leave entitlement to
address certain qualifying exigencies. Qualifying exigency leave may be used for attendance
at certain military events, arranging for alternative childcare, addressing certain financial and
legal arrangements, attending counseling sessions, or attending post-deployment
re-integration briefings. Qualifying exigency leave may be taken on an intermittent basis.
An eligible employee may also be able to use a special FMLA leave entitlement for a period of
up to twenty-six (26) weeks of leave to care for a covered service member during a single
twelve (12) month period. A covered service member is (1) a current member of the Armed
Forces, including a member of the National Guard or Reserves, who is undergoing medical
treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the
temporary disability retired list, for a serious injury or illness or (2) a veteran who was
discharged or released under conditions other than dishonorable at any time during the fiveyear
period prior to the first date the employee takes FMLA leave to care for the covered
veteran and who is undergoing medical treatment, recuperation, or therapy for a serious
illness or injury. “Serious illness or injury” for current service members and veterans is distinct
from the FMLA definition of “serious health condition.” (See: Definitions in this Procedure).
Responsibility for interpretation of this administrative procedure rests with the Vice President for
Human Resources or his/her designee.
An eligible employee shall provide timely verbal notice with an explanation of the reason for
the FMLA-qualifying leave request to the employee’s immediate supervisor and to WVU’s
Medical Management unit of Human Resources. If the leave is foreseeable, the employee
shall provide at least thirty (30) days advance notice. If providing thirty (30) days advance
notice is not possible, the employee shall provide notice as soon as practicable and shall
comply with WVU’s normal call-in procedures. Employee must also provide the anticipated
timing and duration of the leave request.
Employee shall provide appropriate medical documentation to WVU’s Medical Management
unit of Human Resources within fifteen (15) days of the FMLA leave request. When
submitting the information, the employee must use the appropriate Medical Verification of
Leave forms, which are available from that office or on the Human Resources website.
Medical Management shall review and determine if the leave request qualifies as FMLA leave
and provide written notification to the employee and his/her supervisor of its determination.
Such notification shall designate if this request is approved for continual or intermittent usage
and the approved duration of the leave.
Employee shall provide periodic recertification from a health care provider when requested by
WVU if the employee requests an extension of leave, if the circumstances have changed
significantly regarding an existing leave, or if WVU receives information questioning the stated
reason for the use of the leave. Recertification may not be requested more often than every
thirty (30) days, however. If the employee has been on FMLA leave due to his/her own
serious health condition, employee shall provide appropriate medical documentation in order
to be released to return to work at the end of the FMLA leave.
Department or EBO Responsibilities:
The department or EBO is responsible for the tracking of all FMLA leave of the employee,
whether it is used on a consecutive or intermittent basis.
WVU’s Medical Management Unit’s Responsibilities:
Medical Management shall review and determine if the employee’s leave request qualifies as
FMLA leave and shall provide written notification to the employee and his/her supervisor of its
determination. Such notification shall designate if this request is approved for continual or
intermittent usage and the approved duration of the leave.
Medical Management shall determine when recertification may be requested from the
employee. To the extent a second opinion regarding the serious health condition of the
employee is necessary in order to support an FMLA leave, Medical Management shall select
the health care provider and review the information received. In the event a third opinion may
be necessary in order to resolve the difference of opinions between health care providers,
Medical Management and employee shall agree on a health care provider, who shall provide
the final and binding opinion.
The Division of Human Resources is responsible for the interpretation of this procedure.
Additional information or questions regarding this procedure should be directed to the
Employee Relations or Benefits Units in the Division of Human Resources at (304) 293-5700 or
or at P.O. Box 6640.
- WVU Medical Verification Form
Department of Labor Forms:
- Employee Rights and Responsibilities Under the Family and Medical Leave Act
- Certification of Qualifying Exigency for Military Family Leave Form
- Certification for Serious Injury or Illness of a Current Service Member - for Military Family Leave Form