YOUR RIGHTS

 

under the

 

FAMILY AND MEDICAL LEAVE ACT (FMLA) OF 1993

 

FMLA requires the University of Texas - Pan American (UTPA) to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons.  Employees are eligible if they have worked for UTPA or another Texas state agency for at least one year, and for 1,250 hours over the previous 12 months.

 

REASONS FOR TAKING LEAVE:  Unpaid leave must be granted for any of the following reasons:

 

• To care for employee's child after birth, or placement for adoption or foster care;
• To care for employee's spouse, son or daughter, or parent, who has a serious health condition; or
• For a serious health condition that makes the employee unable to perform the employee's job.

 

Paid leave including vacation, sick leave, and compensatory time will be substituted for unpaid leave when using FMLA leave.

 

ADVANCE NOTICE AND MEDICAL CERTIFICATION: 

To qualify for FMLA, the employee will be required to provide advance leave notice, and medical certification, when appropriate. The employee ordinarily must provide 30 days advance notice when the leave is "foreseeable".

 

The employee will be required to provide medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at UTPA's expense).

 

JOB BENEFITS AND PROTECTION: 

For the duration of FMLA leave, UTPA will continue to pay the state's portion of the employee's health coverage under the UT Choice Group Insurance Program.  The employee is required to submit payment for the usual payroll deduction premium amount for any full month of FMLA unpaid leave.

 

Upon return from FMLA leave, employees will be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

The use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of an employee's leave.

 

UNLAWFUL ACTS BY EMPLOYERS:  FMLA makes it illegal for UTPA to:

 

• Interfere with, restrain, or deny the exercise of any right provided under FMLA;
• Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

 

ENFORCEMENT: 

 

The U.S. Department of Labor is authorized to investigate and resolve complaints of violations.  Any eligible employee may bring a civil action against UTPA for violations.

 

FMLA does not affect and Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.

 

FOR ADDITIONAL INFORMATION:  Contact the UTPA Office of Human Resources Department or the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, Department of Labor.