3.5.5 Limitations on Leave

Exemption for Highly Compensated Employees
Under the FMLA, the University may refuse to reinstate a salaried employee who is among the highest paid 10 percent of all employees within 75 miles.
Medical Certification for Serious Health Conditions
Jackson State University will require certification from the employee's or family member's health care provider for leave based on a serious health condition which must include the date on which the condition began, (if known), the probable duration, medical facts regarding the condition, a statement that the employee is needed for the care of the ill person, and in the case of intermittent leave, the dates and duration of the treatment to be given.
A second medical opinion may be required at the University's election and expense.  The University may also require subsequent recertification ‘‘on a reasonable basis.’’
Employee's Duty to Give Prior Notice
Whenever possible, employees must give a 30-day notice to his/her immediate supervisor before taking leave; otherwise, the employee must notify the supervisor as early as is practicable.  If an employee takes leave based on the serious health condition of himself/herself or to care for a family member, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the University's operations.
Intermittent or Reduced Leave
An employee may take leave intermittently or on a reduced leave schedule — that is, leave that reduces the employee's usual hours per work-week or work-day — for the birth or placement for adoption or foster care of a child only with the supervisor's consent.  Otherwise, intermittent leave is permissible when medically necessary.  The University may require the employee to transfer temporarily to an equivalent position that accommodates recurring periods of leave.  The medical certification for intermittent leave or leave on a reduced leave schedule must include the expected dates for and the planned duration of, the medical treatments, as well as a statement of the necessity for the intermittent leave or leave on a reduced leave schedule.
If an employee is otherwise exempt under regulations issued pursuant to the Fair Labor Standards Act, and the salary-basis rule for exempt employees is met, the University may provide unpaid leave on a reduced leave schedule without affecting the employee's exempt status.
Jackson State University will not interfere with an employee's rights under the Fair Labor Standards Act (FLSA) or discriminate against any employee for opposing unlawful practices under the Act or for participating in any proceedings related to enforcement of the Act.
Leave of Absence
Employees will not be allowed to return to work from a medical leave of absence without a doctor’s release and written approval from the Division of Human Resources.