Family Medical Leave Act Memo (2009)
This page last updated on: July 30, 2017
The Baruch College Faculty Handbook
Last updated on 5/18/09
To: The Baruch College Community
From: Elizabeth Robinson LR, Director of Human Resources
April 18, 2009
The Family Medical Leave Act (FMLA) of 1993 (updated in 2009) is a federal law which provides job protection and health insurance continuation to those employees who have worked for the college for a total of 12 months AND for at least 1,250 hours during the year preceding the effective date of the leave. The leave year for determining usage of the 12-week entitlement is the academic year, September 1 through August 31. Employees are required to by Federal law and CUNY regulations to comply with the procedures below. The link to the Updated Family Medical Leave policy is below.
Permissible Reason For Taking FMLA Leave:
- Childbirth and/or care for a newborn (within the first 12 months of birth)*;
- Childcare needs resulting from an adoption or foster care placement (within the first 12 months of the adoption or placement);
- Care for employee’s spouse, domestic partner, child, or parent with a serious health condition;
- Employee’s own serious health condition;
- Circumstances relating to the fact that an employee’s spouse, son, daughter, or parent is on, or has been called to, active duty in the Armed Forces;
- Employee who is caring for a spouse, son, daughter, parent, or next of kin who is a seriously injured or ill service member.
*Spouses or domestic partners who are employed at the same CUNY College are limited to a combined total of 12 weeks within the FMLA leave year, when taking leave for these reasons.
A notification of such absences of more than 5 days must be made by the employee to the Office of Human Resources. For anticipated absences a written request to cover such absences must be submitted to the Office of Human Resources at least thirty days before the leave is to begin (see attached link). For unanticipated absences notice must be given within 15 days. In instances where oral notice is given first, it must be followed up by a written request in a timely manner on a form authorized by the college (see attached link). Failure to initiate or complete a written request in a timely manner may result in the delay or denial of a leave by the Office of Human Resources. With the exception of unanticipated medical emergencies, the medical certification (see attached link) must be fully completed, indicating diagnosis and time period, and approved prior to initiation of leave. Compliance with the request procedures indicated above will assure that sufficient time is provided for the college to review the request to determine whether the requested leave shall be granted. Noncompliance may result in disciplinary action up to and including termination of employment. Recertification may be required every thirty days. A fitness for duty certification will be required prior to the employee’s return to work. Employees may not return to work without this note, which must be forwarded to the Office of Human Resources prior to the employee reporting to work.
Separately, in accordance with contracts which cover blue and white collar classified staff, a medical note is required if an absence is more than 3 days. Teaching and non teaching instructional staff may require a medical note for absences of 5 days.
We thank you in advance for assisting us in ensuring that these procedures are followed.
Form for Employee’s Serious Health Condition:
Forms to take care of a Family Member with a Serious Health Condition:
If you have any questions, please contact Ms. Donna Katz at 646-660-6590 or Donna.Katz@baruch.cuny.edu.
Human Resources News is produced by Baruch’s Office of Communications and Marketing on behalf of the Office of Human Resources. For more information on these announcements, please e-mail
Human_Resources@baruch.cuny.edu or contact Donna Katz at 646-660-6590.