Active Duty: Limited to a member of the Reserve components, the National Guard, certain retired members of the Regular Armed Forces and retired Reserve while serving on active duty status. Only available where the Federal call to active duty is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force.
Child: A biological, adopted, or foster child; a stepchild or child of a qualifying adult; a son-in-law or daughter-in-law; a legal ward; or a person for whom the employee or the employee's qualifying adult has (or had during the person's youth) daily responsibility to care and financially support and who is either under 18 years of age or is incapable of self-care because of physical or mental disability. [See "UofL Eligibility Note" at the end of this section.]
Continuing treatment: Under "serious health condition."
Covered Service Member: A member of the regular 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 health injury or illness.
Chronic health condition: One that meets all the following requirements:
- Requires periodic visits for treatment by a health care provider,
- Continues over an extended period of time, and
- May cause episodic rather than continuing incapacity (e.g., asthma, diabetes, epilepsy).
Eligible employee: Any employee who has been employed by the university for at least 12 months, and who has worked for the university at least 1250 hours during the last 12 months immediately preceding the leave. All regular full-time and part-time faculty and staff are presumed to be eligible for family and medical leave, in proportion to the employee's FTE (percent of regular working hours, based on employment status).
Health care provider: A person authorized to practice as a health care provider in Kentucky or Indiana who is performing within the scope of that practice as one of the following:
- Doctor of medicine
- Doctor of osteopathy
- Clinical psychologist
- Chiropractor (for manipulation of spine to correct subluxation)
- Nurse practitioner
- Nurse midwife
- Christian Science practitioner listed with the First Church of Christ, Scientist in Boston, Massachusetts Clinical social worker
- Any health care provider from whom the university's group plan will accept certification of a serious health condition
- Any health care provider within the scope of practice listed above practicing in another state who is authorized to practice in that state.
Incapacity: For the purposes of FMLA, the inability to work, attend school, or perform other regular daily activities because of the serious health condition, treatment therefore, or recovery therefrom.
Intermittent leave or reduced leave schedule: A leave schedule that reduces the usual number of hours per workweek or hours per workday of an employee. Intermittent leave is calculated on an hourly basis, as a proportion of the employee's normal workweek.
Next of Kin: The nearest blood relative of that individual or someone who stood in the place of a parent of such individual.
Next of Kin (of a covered veteran): The “next of kin” of a covered veteran is the nearest blood relative, other than the veteran’s spouse, parent, son, or daughter, in the following order of priority:
1. a blood relative who has been designated in writing by the service member as the next of kin for FMLA purposes
2. blood relative who has been granted legal custody of the service member
3. brothers and sisters
5. aunts and uncles
6. first cousins
Outpatient Status: A member of the regular Armed Forces assigned to:
1. A military medical treatment facility as an outpatient; or
2. A unit established for the purpose of providing command and control of members of the regular Armed Forces receiving medical care as outpatients.
Parent: A biological, foster, or adoptive parent or parent-in-law; a stepparent; a legal guardian; or a person who has (or had during the employee's childhood) daily responsibility to care for and financially support the employee. [See "UofL Eligibility Note" at the end of this section.]
Qualifying Adult: A person over 18 years of age and, if a blood relative by adoption or marriage, who is of the same or younger generation as the employee; who is residing in the employee's household and has done so for a period of at least 12 months; who has been financially interdependent with the employee for a period of at least 12 months; and who is unmarried or whose marriage is not recognized by the State of Kentucky. [See "UofL Eligibility Note" at the end of this section.]
Regimen of continuing treatment: Includes a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of treatment does not include the taking of over-the-counter medications such as aspirin, antihistamines, or salves, or bed-rest, drinking fluids, exercise, or other similar activities that can be initiated without a visit to a health care provider.
Serious health condition: An illness, injury, impairment, or physical or mental condition that involves either or both of the following:
- In-patient care in a hospital, hospice, or residential care facility
- Continuing treatment by a health care provider
For an employee to qualify for family and medical leave for a serious health condition, the employee or family member must be under continuing supervision of, but not necessarily receiving active treatment by, a health care provider, who must certify to one of the following:
- In the case of leave requested to care for a family member, the employee is needed to care for the family member.
- In the case of leave requested for the serious health condition of the employee, the employee is unable to perform the essential functions of the position.
A serious health condition involving continuing treatment by a health care provider includes any of the following conditions:
1. A period of incapacity of more than three consecutive full calendar days plus two visits to a health care provider:
a. the two visits must occur within 30 days of the beginning of period of incapacity and first visit must be in person and within seven days of the first day of incapacity;
b. continuing treatment can be prescription drugs only
2. Any period of incapacity due to pregnancy or prenatal care;
3. Any period of incapacity due to a chronic serious health condition;
4. A period of incapacity that is permanent or long-term for which treatment may not be effective (e.g., Alzheimer's, severe stroke, terminal stages of a disease);
5. Any period of absence to receive multiple treatments either for restorative surgery after an accident or injury or for a condition that would likely result in an incapacity of three or more days in the absence of medical treatment (e.g., cancer, severe arthritis);
6. Allergies or mental illness resulting from stress, but only if they meet all of the other criteria of a serious health condition;
7. Substance abuse, but only if the employee is taking leave for treatment by a health care provider.
Serious Injury or Illness: An injury or illness incurred by the service member in the line of duty or on active duty in the regular Armed Forces that may render the service member medically unfit to perform the duties of the service member’s office, rank, or rating.
Spouse: A husband or wife, as recognized under the laws of the State of Kentucky or the state where the employee resides.
Treatment: For the purpose of FMLA, includes, but is not limited to, examinations to determine if a serious health condition exists. Treatment does not include routine physical, eye, or dental exams.
**Specific conditions for which treatment does not qualify for FMLA leave include: cold, flu, earaches, upset stomach, minor ulcers, headaches other than migraine, routine dental, or orthodontia problems and periodontal disease. Cosmetic treatments are not considered a serious health condition unless medically required or unless complications arise. **
Year: Twelve months measured backward from the first date family and medical leave begins.
UofL Eligibility Note: The Federal Family & Medical Leave Act does not recognize or confer benefits on an employee's "qualifying adult," a parent-in-law, a son-in-law, or a daughter-in-law. The inclusion of these individuals in the university's family and medical leave policy is intended solely to provide equivalent family and medical leave benefits to other members of the employee's household that are within the university's discretion and control. The inclusion of these individuals in this policy does not create any statutory entitlement to such benefits under Federal or State law.