Qualifying Exigency (Health System Employee FMLA)

Qualifying Exigency (FMLA) is for an eligible employee with a covered military member serving in the National Guard, Reserves or the Regular Armed Forces to manages the servicemember's affairs while the member is on covered active duty. This leave provides an eligible employee 12 weeks of leave in a 12-month rolling calendar period.

Step 1: Eligibility

An eligible employee with a military member serving in the National Guard, Reserves or Regular Armed Forces manages the servicemember's affairs while the member is on covered active duty.

• Son
• Daughter
• Parent
• Duke registered same sex spousal equivalent

Step 2: Initiate Qualifying Exigency (FMLA) Leave

Employees contact AbsenceResources® through either of these methods:

• Online: Access the AbsenceResources Website through Single Sign-On
• Phone: Call 844-229-1239

Step 3: Determine if absence is an FMLA qualifying event

Qualifying Events Include:

1. Short-notice deployment;
2. Military events and related activities;
3. Childcare and school activities;
4. Financial and legal arrangements;
5. Counseling;
6. Rest and recuperation;
7. Post-deployment activities;
8. Parental care;
9. Additional

Step 4: Determine how FMLA will be taken - Consecutive or Intermittently (AbsenceResources®)

The way in which FMLA is taken will depend on medical guidance provided by the staff member's health provider and, if necessary, confirmed by Employee Occupational Health and Wellness.

Consecutive Leave (Full-time for a consecutive 12 week period or 26 week period for Military Family Leave):

Eligible staff members may take up to 12 weeks (the staff member's normal work week) or 480 hours of unpaid FMLA in a rolling 12-month period. Eligible FMLA hours are prorated based on a regular work schedule.

Intermittent Leave:

If leave is intermittent, hours will be tracked through the AbsenceResources® system.

Intermittent leave is leave taken on a reduced work schedule by decreasing the number of hours in a workday or workweek. It is irregularly based on medical needs, caregiver demands, appointments, etc. * Duke University and Health System Policy does not allow intermittent leave for adoption and paternity leave.

If Planned Intermittent Leave is Disruptive to Operations:

• Management may temporarily transfer the staff member to an alternate position for which the staff member is qualified and receives equal pay and benefits. (NOTE: This does not apply to unscheduled intermittent leave.)
• Consult Human Resources, Staff and Labor Relations prior to making such a transfer.

*NOTE: Recertification from health-care provider may be requested every 30 days when associated with an absence (or missed scheduled work time) allowing at least 15 days from the date of the request for recertification.

Step 5: Approval Status Determination and Communicated

Within 5 business days of receiving your completed documentation, AbsenceResources® will send you a Determination Letter via your preferred communication method outlining your approval status and any required next steps.

Step 6: Payroll Notification

The department payroll representative notifies Corporate Payroll by submitting the Leave of Absence (LOA) iForm. If you have any questions pertaining to this form, please contact Corporate Payroll at 919-684-2642.

Step 7: Return from Leave

Contact AbsenceResources® to confirm your return-to-work date. Failure to return by your approved date without an authorized extension may result in corrective action, up to and including possible termination.

The department payroll representative notifies Corporate Payroll by submitting the Leave of Absence (LOA) iForm. If you have any questions pertaining to this form, please contact Corporate Payroll at 919-684-2642.

If the staff member was out on leave for either the birth of a child (maternity) or the staff Member's own serious health condition, please ensure receipt of a "release to work" from the staff member's health care provider. This should be obtained prior to the staff member's first day back to work.

Step 8: If the Employee Does Not Return From Leave

Contact your Departmental HR Representative and Staff and Labor Relations for consultation on next steps. It is advisable that you contact the staff member. If they intend to return to work, but need to be out of work for a period longer than the 12 weeks allotted to them by FMLA, the staff member should be informed that their leave will have to be transitioned to another type of non-FMLA leave (personal or Worker's Compensation). You can consult the following Personal Leave policy to determine which leave would apply.