There are many employment laws governing your work environment that are not referenced in the collective bargaining agreement. For APA members, these laws are enforced by APA/MEA and covered under the MEA Legal Representation Policy at no cost to a member.
A brief overview of FMLA from the Department of Labor reviews the basics of FMLA and its purpose:
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
Eligible employees are entitled to:
Twelve workweeks of leave in a 12-month period for:
• the birth of a child and to care for the newborn child within one year of birth;
• the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
• to care for the employee’s spouse, child, or parent who has a serious health condition;
• a serious health condition that makes the employee unable to perform the essential functions of his or her job;
• any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;†or Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave). Family and Medical Leave Act
The University runs the FMLA year on the fiscal year, July 1-June 30 each year. The FMLA leave runs concurrently with your sick leave if the illness or family illness is covered by FMLA and you have filled out the paperwork and it has been accepted. To apply for FMLA, you need to contact MSU Human Resource Total Compensation and Wellness Leaves Office to talk to a Benefit Leave Advisor. Some of the forms can be found online and by contacting Human Resources (517) 353-4434.
http://www.hr.msu.edu/timoffleave/FMLAForms.htm
APA leaders and staff are able to assist members through the process and enforce employee rights under FMLA. In addition, there may also be employee protections that can be provided by enforcing the American with Disabilities Act (ADA). The ADA is also covered by the MEA Legal Representation Policy for members.
APA frequently receives inquiries into the application of Family Medical Leave Act (FMLA) by the University. If you are contacted by the MSU Leave Office regarding the denial of medical certification for FMLA or are being asked to go to get a second medical opinion, please call the APA Office for assistance, (517) 999-4004 or [email protected].