Purpose

To provide leave benefits to employees in accordance with the provisions of the Family Medical Leave Act (FMLA) of 1993.

Eligibility

Employees must meet two tests of eligibility for this benefit:

1. The employee must have worked a minimum of 1,250 hours during the twelve (12)-month period prior to the leave request, and

2. The employee must have been continuously employed by the University for at least twelve (12) months.

Applicability

This policy applies to all eligible employees regardless of employment category.

Definitions

Family Member: Employee's spouse, child, or parent.

Child: Any child under the age of eighteen (18) who is the biological or adopted child of the employee, or whom the employee supervises on a day to day basis and for whom the employee is financially responsible. Also, any child over the age of eighteen (18) who is incapable of self-care because of a mental or physical disability.

Parent: Any individual who assumed day to day and financial responsibility for the employee when the employee was a child.

Serious Health

Condition: An illness, injury, impairment or physical or mental condition that involved a period of incapacity or treatment following in-patient care in a hospital, hospice, or residential medical care facility;

or

A period of incapacity requiring more than three days' absence from work and continuing treatment by a health care provider;

or

Continuing treatment by a health care provider for a chronic or long-term health condition that is so serious that, if not treated would likely result in incapacity of more than three days;

or

Continuing treatment by or under the supervision of a health care provider of a chronic or long-term condition or disability that is incurable;

or

Pre-natal care.

Health Care

Provider: Any doctor of medicine or osteopathy, podiatrist, optometrist, and nurse practitioner, or nurse midwife performing within the scope of their practice. Christian Science practitioner and Chiropractors are health care providers to the extent defined under regulations issued by the U.S. Department of Labor.

Twelve-Month

Period: The twelve month period immediately preceding the effective date of the requested leave.

General Provisions

The University recognizes that family issues may have a substantial impact on worker's well-being and ability to perform on the job. From time to time it may be necessary to take time from work to care for family members with serious medical conditions, or for personal medical reasons. Therefore, to address these concerns, and to comply with the FMLA, eligible employees may take up to twelve (12) weeks of leave for the employee's own serious illness, the birth or adoption of a child, or the care of a seriously ill child, spouse or parent.

The maximum amount of leave to which employees are entitled under this policy for any single purpose or combination of purposes is twelve (12) weeks during any twelve month period as defined. However, nothing contained in this policy shall preclude the approval of more extended periods of leave at the discretion of the Component Head and President.

Birth or Adoption of Child

Leave for the birth or adoption of a child must be taken within the twelve (12) month period immediately following the birth or adoption.

Intermittent Leave

Employees may take leave for personal illness or to care for a sick family member on an intermittent basis or by reducing scheduled work hours when necessary. Certification that leave must be taken in this manner is required from the health care provider caring for the employee and/or family member. Such leave will be deducted from the employee's entitlement to leave.

Coordination of Leave Benefits

Other types of leave, such as Maternity Leave, or extended Sick Leave may be utilized once the twelve week Family Medical Leave period has been exhausted. However, the twelve weeks of Family Medical Leave will be subtracted from the total amount of leave available under other policies.

Application/Approval of Leave

Where possible, where the need for family or medical leave is foreseeable, the employee must provide notice to his or her Department Head at least thirty (30) days in advance. Leave may be denied if this requirement is not fulfilled. In the case where leave is denied for lack of notice, the employee may designate leave to start thirty (30) days after notice is given.

Physician's Certificates

When an employee requests Family Medical Leave a certification is required from the health care provider. The certification must include the following:

1. The date on which the serious health condition commenced,

2. The probable duration of the condition and the date upon which the employee should be able to return to work,

3. Appropriate sufficient medical facts within the knowledge of the health care provider that would entitle the employee to take family or medical leave, this information will be provided via the Family Leave Certification Form.

Second Opinions

The University reserves the right to require the employee to get a second opinion from an independent medical provider selected by the University. The University will be responsible for the physician charges in such instances. In the event that the two opinions conflict the University may require that a third opinion be sought by a medical provider mutually agreed upon by both parties, and paid by the University. The third opinion shall be final and binding.

Substitution of Leave

Personal Illness

Employees are required to utilize all sick, compensatory and annual leave accruals for leave taken as a result of personal illness or injury before applying for Leave Without Pay. Leave Without pay will become effective when all accrued leave has been exhausted. The combination of paid and unpaid leave will be counted toward the twelve (12) weeks of Family Medical Leave required under FMLA.

Family Illness, Birth of Child, or Adoption

Employees are required to substitute any compensatory or annual leave accruals for leave taken for the purpose of caring for an ill or injured family member, newborn, or newly adopted child. Sick leave may not be used for these purposes.

Continuation of Benefits

Employees who are on paid leave will continue to receive benefits according to the same terms and conditions as normal. Employees on leave without pay will receive benefits according to the following policies and conditions:

Health Insurance

Employees are required to continue to pay the employee portion of health insurance premiums for the duration of the twelve-week Family Medical Leave period. The University will continue to pay it's portion of health insurance costs. The total employee premium may be paid in advance, or by the first of each month for the duration of the absence. Once the twelve week Family Medical Leave period ends the employee will become responsible for the total premium amount, both employee and employer portions, until such time as they return to active status.

Life Insurance

Employees on Leave Without Pay who wish to continue to participate in the University's group life insurance plan must pay the premium for both the employee and the employer portions of such insurance until such time as they return to active status.

Leave

Employees on Leave Without Pay do not accrue annual or sick leave.

Delinquent Payments

Failure to make required payments may result in loss of eligibility for group health insurance. The University reserves the right to deduct delinquent payments from future paychecks.

Reinstatement

An employee taking leave under this policy will be returned to their same position, or to an equivalent position, at the discretion of the University. Employees who would have been terminated due to layoff, downsizing, or termination of a temporary job will not be reinstated. Taking of leave will not result in any loss of benefits or conditions of employment accrued prior to the beginning of the leave period.

Certification of Fitness

The University reserves the right to require medical certification of any employee's fitness to return to duty.

Periodic Reporting

Employees on leave are required to report monthly on their status and intent to return. Recertification of medical condition may be required by the University.

Failure to Return to Work

Employees on Leave Without Pay who fail to return to work, or return for less than thirty (30) days, shall owe the University the cost of any benefits provided during the period of leave, including both employer and employee premiums. In certain circumstances, such as continued serious or terminal illness, the University may waive this requirement upon the petition of the employee.

Employees who fail to return to work, or apply for an extension of leave, shall be treated as having voluntarily terminated their employment and will be subject to the termination policies outlined in Section [Separations - Job Abandonment].