Subject: Family and Medical Leave
Approval Date: 09/17/93
Revision Date: 06/01/02; 12/06/02
To provide faculty and staff members unpaid leaves of absence in keeping with the provisions of the Family and Medical Leave Act of 1993. The requirements of that Act and the provisions of this policy became effective August 5, 1993.
CONDITIONS OF LEAVE:
Any University employee who has completed at least 12 months of service and who has worked at least 1,250 hours with the University in the previous 12 months is covered by this policy. Such an employee will be eligible to take an unpaid leave of absence for up to 12 work weeks during the fiscal year (July 1 to June 30) period for the following reasons:
1. Birth of a son or daughter to the employee, in order to care for such child;
2. Placement of a son or daughter with the employee for adoption or foster care;
3. To care for an employee's son, daughter, spouse or parent who has a serious health condition and/or;
4. Because of a serious health condition that makes the employee unable to perform the essential functions of his/her job.
Entitlement to a birth, adoption or foster care leave must be completed within 12 months of birth, adoption or foster placement.
A "serious health condition" is defined as an illness, injury, impairment or physical or mental condition that involves inpatient care in a hospital, hospice or residential medical care facility, or continuing treatment by a health care provider.
The term "parent" means the biological parent of an employee or an individual who stood in "loco parentis" to an employee when the employee was a child, i.e., an individual who was charged with parental rights and responsibilities for the employee.
A "son" or "daughter" means a biological, adopted, foster child, stepchild, legal ward or a child of a person standing in loco parentis who is under 18 years of age, or 18 years of age or older and incapable of self-care because of a mental or physical disability.
The University requires health care provider certification of the need for a leave of absence because of a serious health condition of the employee, or of the son, daughter, spouse or parent of the employee. The certification is to state:
1. The date on which the serious health condition commenced;
2. The probable duration of the serious health condition;
3. The appropriate facts regarding the serious health condition;
4. A statement that the employee is needed to care for the son, daughter, spouse or parent (as applicable), and the estimated period of time such care will be needed;
5. A statement that the serious health condition makes the employee unable to perform the essential functions of his/her job.
The University may, at its expense, require the opinion of a second health care provider of its choosing. If a conflict occurs between the opinions of the first and second health care providers, the opinion of a third health care provider, jointly chosen by the University and the employee, at the University's expense, may be required. This person's opinion will be final and binding. Recertifications on a reasonable basis, at the University's expense, are also permitted.
Employees are to give at least 30 days notice of all foreseeable leaves for an expected birth or adoption, or for planned medical treatment. However, if the date of birth, adoption or medical treatment requires the leave to begin in less than 30 days, the employee is to provide as much notice as is practicable under the circumstances. Employees are to make a reasonable effort to schedule planned medical treatments so as not to unduly disrupt the University's operations. Supervisors are responsible for insuring the Exception Approval Forms are completed for FMLA leaves.
BOTH SPOUSES EMPLOYED:
When both husband and wife are employed by the University, the aggregate number of work weeks of leave for both employees is limited to 12 weeks over a 12-month period if the leave is for a birth, placement for adoption or foster care, or to care for a sick parent. For other types of leaves under the Act (i.e., serious illness of the employee or the employee's spouse or child), each employee retains the right to take up to 12 work weeks of leave.
INTERMITTENT LEAVES AND REDUCED LEAVE SCHEDULES:
A leave due to a serious health condition of a child, spouse, parent or the employee may be taken intermittently or on a reduced work schedule, when medically necessary, if the employer and employee agree. Reduced leave means a leave that reduces an employee's usual number of work hours per day or per week.
If an employee requests an intermittent leave or a reduced leave that is foreseeable based on planned medical treatment, the University may require the employee to transfer temporarily to a comparable position for which the employee is qualified. Such a transfer shall be to a position of equivalent pay and benefits.
The University may require health care provider certification for an intermittent or reduced leave for planned medical treatment to include: the dates on which such treatment is expected to be given; the duration of the treatment and a statement of the medical necessity for the intermittent or reduced leave schedule.
SUBSTITUTION OF PAID LEAVE:
The University shall require the employee to substitute accrued sick leave or vacation leave for any portion of the 12-week unpaid leave required in the law for the serious illness of the employee or for the birth, adoption or foster care of a child, or for a serious illness of a covered family member. The University, however, will not provide paid sick leave for any situation in which the employee would not normally receive paid sick leave.
VACATION AND SICK LEAVE ACCUMULATION:
A faculty or staff member on a leave of absence will not accumulate vacation or sick leave unless he/she is paid for 11 or more days in that calendar month.
A faculty or staff member will not receive salary or compensatory time for any University holiday(s) that occurs while he/she is on an unpaid leave of absence. If employer’s activity ceases for one or more weeks during an employee’s leave, this time does not count toward the 12-week FMLA leave.
An employee may continue his/her group health, dental and life insurance coverages during a leave at the same level and under the same conditions he/she would have received had the leave not occurred. It is the employee's responsibility to make arrangements with the Office of Human Resources for payment of the required premiums if he/she is off the payroll during the leave of absence. Failure to do so may result in the termination of such insurance coverages. Notwithstanding the above, the University shall maintain its contributions to the group health, dental and life insurance coverages at the same level and under the same conditions the employee would have received had the leave not occurred.
An employee will be reinstated to the same or an equivalent position with the same pay and benefits that he/she received and under the same terms and conditions of employment as when the leave began.
In the event of a serious health condition, the University shall require the employee to provide certification from an appropriate health care provider indicating that he/she is able to resume work. Also, the University may require an employee on leave to report periodically on his/her status and intention of returning to work.
EARLY RETURN TO WORK:
If a faculty or staff member desires to return to work before his/her approved leave ends, he/she is to contact the appropriate administrative officer to determine an acceptable date for returning to work.