Leaves of Absence
If an employee must be absent from work due to the medical condition for more than three (3) consecutive days (five if Part-Time), they are encouraged to apply for leave under FMLA. If an employee is not eligible for FMLA, they are encouraged apply for non-FMLA leaves. Please review information below before starting the process.
Important Update Notes
All FMLA matters are handled directly by FMLASource. You will need to read the information and follow the steps below before applying.
FMLA
The Family and Medical Leave Act (FMLA) of 1993 is a federal law, which provides up to 12 weeks of unpaid, job-protected leave to "eligible" employees to care for themselves or a family member. It also covers maternal leaves, paternal leaves, and military leaves including military caregivers’ leaves.
You Should Apply for FMLA If Any of the Below Apply:
- You have worked 1,250 hours over the past 12 months and
- You have been an employee at the University for 12 months and
- You have a qualifying serious medical condition.
- You have need to care for an immediate family member that would be a covered relationship under FMLA guidance.
- Maternity & Military leaves may be covered under FMLA.
Family Medical Leave process
- Submit an application with FMLASource online or by calling 1.833.955.3388. Please see FMLASource Website Guide if you have never used FMLA Source before. There is also a quick-start video here for your information.
- Medical Certification Form from FMLASource will be emailed to your University of Toledo email within five (5) days
- Meet with your or your family member's health care provider to complete the form
- Submit the Medical Certification Form back to FMLASource prior to the certification due date. You can fax, email, or post mail medical paperwork to the FMLA Source contacts on the form
- Decision Letter from FMLASource will be emailed to you to review
- Notify the department of leave as soon as possible, preferably 30 days prior if leave is planned, but an application and medical certification are required to be submitted no later than 15 days after the start of the leave
- FMLA leave is unpaid. To receive a paycheck, an employee is required to report sick time use via their timekeeping system (either API, TimeClock, or UT Leave reporting tool)
- Continuous leave and reduced hours are recorded by FMLA Source, but an employee is required to follow department call-off procedures and report their usage via their timekeeping system
- For an Intermittent leave, an employee is required to report their time to BOTH FMLA source and their department's timekeeping system within 24 hours after time off has been taken. Please see instructions on page two (2) here
- FMLA Source contact information: Website: www.FMLASource.com, FMLA Source Customer Service: Phone 1-833-955-3388, Fax 1-877-309-0218 or 312-660-1065, Email FMLACenter@FMLASource.com
Apply for FMLA on FMLA SourceReview FMLA Policy FMLA Overview Supervisor Responsibilities Employee Responsibilities
Non-FMLA Leaves
You should apply for the Non-FMLA leave if any of the following apply:
- You have worked less than 1,250 hours over the past 12 months
- You have not been an employee at the University for 12 months
- You have already exhausted the 480 hours of leave available under FMLA, but still are not well enough to return to work
- Your relationship with the family member you are applying to care for is not a covered relationship under FMLA guidance, but might be covered under a different law
- Your FMLA was denied due to ineligibility other than tardiness with paperwork and application
- For any other leave, please contact LOA office prior to applying
Non-FMLA Leave Application Process
- Submit an application online. Log on to myUT -> “Employee” tab -> Under “My Toolkit” look for “Other HR Information” - > “Application for Non-FMLA Leave”-> Submit an application for “Medical leave”
- The Medical Certification for your medical provider will be emailed to your UToledo email
- Visit your medical provider to complete and sign the Medical Certification. Completed Medical Certification can be faxed, emailed, or dropped off in person at Human Resources
- Decision letter will be emailed to your UToledo email within a few days
- Notify the department of leave as soon as possible, preferably 30 days prior if planned, but an application and medical certification are required to be submitted no later than 15 days after the start of the leave
- Non-FMLA leave is unpaid. To receive a paycheck, an employee is required to report sick time use via their timekeeping system (either API, TimeClock, or UT Leave reporting tool)
- Human Resources Leave of Absence Office contact information: Phone: 419-530-4747 Option #2, Fax 419-530-1492 or Email: LeaveOfAbsence@Utoledo.edu. HR Office address is 2935 East Medical Drive, Toledo OH, 43606. There is an HR drop-off box outside of the building. Please schedule an appointment if you are coming with questions or need assistance with paperwork or application
Apply for Non-FMLA Non-FMLA PolicyReporting InstructionsSupervisor Responsibilities Employee Responsibilities
Other UToledo Resources
- ADA Accommodation Process
- Workers Compensation - Main Campus
- Workers Compensation - Health Science Campus
- Reporting/processing on the job injuries for Workers' Compensation Process
- Jury Duty Policy
- Maternity and paternal leaves governed by FMLA and Non-FMLA Leaves policies
- Military Leaves governed by Non-FMLA Leave Policy
- Bereavement and Funeral Leaves are governed by Non-FMLA policy and Collective Bargaining Agreements if applicable.
- There may be additional leave options available to you as part of a collective bargaining agreement. For more information, review your union contract or reach out to your bargaining unit representative.
Frequently Asked Questions
Who qualifies for FMLA?
Any employee who has worked for UToledo for at least 12 months and 1,250 hours over the previous 12 months and has a serious medical condition under FMLA guidance.
What are the qualifying conditions under FMLA?
- Any serious medical condition preventing the employee from being able to work and lasting 3 or more days (5 days for part-time positions).
- Pregnancy, childbirth, and caring for your child after birth, or placement for adoption or foster care.
- Caring for your spouse, child, or parent who has a serious health condition.
- Qualifying urgency to be with your spouse, child, or parent if that person is an active service member or has an impending call to active duty in support of a contingency operation.
- Caring for an injured service member if that person is your spouse, child, parent, or next of kin
- Military leaves.
What is my condition is serious, but lasted less than three (3) days?
Employee is required to use regular sick or vacation time.
If my condition is elective, cosmetic procedure or treatment, well check or light dental treatment, vision, or chiropractor?
Employee is required to use either regular sick time or vacation. Those conditions are not covered by FMLA.
What if my kid’s school or daycare is closed for medical reasons? Or my kid was exposed to an infectious disease and is not allowed to return to school?
This is not an FMLA/non-FMLA covered condition. Please use either vacation or unpaid. You cannot use sick time unless an employee or family member is sick.
How do I apply for FMLA?
UToledo uses FMLA Source which is the 3rd party vendor for all FMLA-covered leaves (including all maternity and military leaves). The application can be submitted at www.FMLASource.com
When do I apply?
Please apply as soon as possible. UToledo requires all scheduled leaves to provide at least 30 days advance notice. With any emergent leaves and accidents please notify the department and apply as soon as able.
Please be prepared to provide medical certification completed by your (or your family member’s) medical provider. Medical paperwork will be emailed to your UToledo email within 3-5 days. You will have 15 days to return the paperwork to FMLA Source. Please be timely because late paperwork will cause leave to be denied or delayed.
What happens while I'm on FMLA?
As soon as the leave is approved, you will receive a decision letter from FMLA Source confirming the dates, type, and details of the leave. Please review this letter carefully and contact FMLA Source if you have questions or if any part of the leave needs to be adjusted. Example: the surgery got canceled or rescheduled or delivery happened sooner than predicted. Please notify your manager as soon as the leave was approved. If any part of the leave is denied, details will be provided in a decision letter also.
Please note, medical certification is required for all medical conditions, and UToledo reserves the right to request a second opinion or recertification if any abuse is suspected.
If upon the end of the leave you are not able to return to work, please notify your manager and request an extension of the leave from FMLA Source. You are required to notify your direct supervisor you will be extending your leave prior to the end of the leave.
Can I keep my benefits while on FMLA?
Yes, if you are using UToledo Benefits, you will be able to continue to use it with no changes. If at any point during your leave you become unpaid after exhausting all sick and vacation time, you are responsible for paying the employee portion of the premium or your benefits will stop. Please call the UToledo Benefits team with questions.
What should I expect when I return from FMLA?
You will be restored to your original or equivalent position with the same pay and benefits. If your medical condition requires fitness for duty upon return, FMLA Source will email you a Return to Work (RTW) slip with initial medical certification paperwork. This RTW slip has to be completed by your medical provider and returned to HR (either fax, email, or paper form) no later than three (3) days prior to return. Please also notify your direct supervisor of return date. If timely notification is not provided, return to work might be delayed and employee could be placed into unpaid status until the clearance is received and the department able to place the employee back on schedule.
What if my FMLA is denied?
FMLA can be denied if leave is not requested timely, or medical paperwork is not provided timely or employee if not eligible for FMLA, or if an employee exhausted 12 weeks of FMLA-covered leave.
If FMLA is denied due to tardiness, the decision is final.
If FMLA is denied based on the eligibility of the employee, but other requirements are met, please call the LOA office to see if non-FMLA leave or accommodation options are available. Please note, UToledo doesn’t offer any intermittent non-FMLA leaves.
If FMLA is denied, you are required to report time off as regular sick time.
What happens if I don’t have vacation or sick time to use but have to take medical leave?
Employees can still go on medical leave (either FMLA or non-FMLA) even if they do not have any sick / vacation time left. There is a six (6) month limit on unpaid time off. Benefits might be affected if an employee goes on unpaid non-FMLA leave.
Any hourly employees using API and TimeClock – manager will be reporting time as either “FMLA-unpaid” or regular unpaid time.
PSA employees - LOA department will place the employee to an unpaid leave of absence status. The employee will be notified via email and the supervisor copied.
The employee will be returned to paid status when RTW paperwork is received. The manager will be copied.
What if I have many hours of sick time? Can I just use sick time for a few weeks without FMLA?
No, you cannot. Any absences from regularly scheduled work should be documented and approved.
Any medical leave lasting longer than three (3) days should have approved FMLA/ non-FMLA leave on file.
Any personal leaves (unpaid non-medical leaves, if your union contract allows for this type of leave) - please contact HR about the process.
Faculty members – for any non-medical leaves please contact your Department Chair about the process.
I have a lot of vacation time. Do I need any approvals to use it?
Yes. Any vacation time should be approved by your direct supervisor, but you don’t need any additional HR/LOA approvals. If you plan to use your vacation time for travel, leisure, cosmetic procedures, or treatments not covered by FMLA, or to take care of your pet or friends or family not covered under DOL definition of immediate family member then you can use your vacation time without any additional paperwork
What reporting is required for leaves?
FMLA Source Reporting: Employees on Continuous Leaves or Reduced Schedule are not required to report their FMLA time to FMLA Source. Employees on Intermittent leave (used as needed) are required to report to FMLA Source hours used within 24 hours either via phone, email, web portal, or smartphone app.
Payroll Reporting: FMLA / non-FMLA leaves are unpaid. Employees are required to use their PTO (paid time off, like vacation and sick time) before they go unpaid.
PSA and Faculty are required to use MyUT Leave Reporting Tool to report FMLA-sick, FMLA-vacation or FMLA-unpaid time, as well as regular sick, vacation, or unpaid time off.
Hourly employees are required to use API or TimeClock. Please check with your manager if you are not sure which reporting option your department uses.
Any Bereavement leaves: the department has to be notified as soon as possible and either API, TimeClock, or MyUT Leave Reporting tool. Funeral / Bereavement time reported as “Bereavement” and paid out of sick balance. Please note, your union contract might have additional provisions.
PTO reporting (MyUT Leave Reporting Tool, API, and TimeClock, as well as PTO balances handled by the UToledo Payroll department. Any questions or issues, please contact Payroll directly.
Instructions are posted on Employee’s toolkit and UT FMLA webpage.
What is the process for maternity or pregnancy related leaves?
Maternity leave requests go through FMLA Source. If an employee is not FMLA eligible they must reach out to HR. Leaves may be covered by Ohio Pregnancy Disability Leave Act and/or Pregnant Workers Fairness Act for those that are not eligible for FMLA. Both leaves are unpaid, and employees are required to use their PTO (sick and vacation time).
Faculty members under the AAUP contract have additional provisions for Faculty Family Child Care Leave, please refer to your union contract and check with your Chair or Business Manager about the application process. FCC is in addition to FMLA. All employees are required to apply for FMLA prior to starting maternal/paternal leave. There is no FMLA-covered paternal leave for newly hired employees.
What is the process for military leave?
Please notify your manager as soon as you become aware of the deployment or need to attend any military activity. In addition, military leave requests should be submitted through FMLA Source as soon as possible. Military orders or communication from the military official requesting/mandating employees to report for duty should be submitted with leave requests to FMLA Source. UToledo will pay the first 176 hours per year starting in January. Any military leave above 176 will be unpaid, but the employee is entitled to the difference between their military pay and UToledo pay. To claim the difference, please submit military paychecks to payroll.
Payroll reporting – you report the first 176 hours as “military time” (230) and any approved time off as “unpaid” (add “military time” in comments).
Service time adjustment – please email to LeaveOfAbsence@utoledo.edu.
What is the process for military caregiver leave?
Please follow regular FMLA application process steps. FMLA Source will email you the necessary medical forms and instructions.
If my condition is serious, am I able to perform some work with an accomodation or reduced hours?
Reduced Schedule due to medical condition or continuous treatment, physical therapy, etc. can be available through FMLA Source as “Reduced Schedule”. This gives employees the opportunity to work part of the day and report another part of the day as “FMLA-sick”. Those are usually approved as percentage reduction, or hours reduction, or days reduction. Please follow the FMLA Source process.
If restricted duty is recommended, please contact ADA Office to see if restricted duty requests can be accommodated under the Americans with Disability Act.
If I got hurt at work, is this an FMLA qualifying event?
Yes. After you have applied for Workers Comp, please submit your FMLA Application and forward your Workers Comp medical paperwork to the LOA office and we will assist with the approvals.
If I have an FMLA application question, need assistance with an application, password change, technical issues, didn’t get FMLA paperwork, need help with reporting, or have a question about a decision letter or any other FMLA issues?
Contact FMLA Source at 1-833-955-3388 or FMLACenter@FMLASource.com
If I have any other leave questions?
Please contact the UToledo HR LOA office at 419-530-4747 Option #2 or LeaveOfAbsence@utoledo.edu
If I have questions about my pay, and vacation balances or have technical issues with leave reporting?
Contact UToledo Payroll at 419-530-4747 Option #4 payroll@utoledo.edu