Family Medical Leave Policy

In order to qualify to take family and medical leave under this policy, the employee must meet all of the following conditions.

• The employee must have worked for the University at least 12 months, or 52 weeks. The time period need not have been consecutive.
• The employee must have worked at least 1250 hours during the twelve-month period immediately preceding the date the leave would begin
• The employee must work at a worksite where 50 or more employees are employed within 75 miles of that worksite

Eligible employees are provided twelve weeks of FMLA leave per twelve-month period. The University will determine available FMLA leave based on the amount of leave used in the twelve-month period preceding the beginning of the requested leave.

In order to qualify as FMLA leave, the employee must be taking the leave for one or more of the following:

1. To care for a child following the birth of the child.
2. To care for a child following the placement of the child with the employee for adoption or foster care.
3. To care for the employee’s spouse, child, or parent who has a serious health condition.
4. A serious health condition that makes the employee unable to perform the functions of his/her position.

A serious health condition is defined as an illness, injury, impairment, or physical or mental condition which requires: inpatient care; absence of more than three calendar days from regular daily activities that involves continuing treatment by a health care provider; any period of incapacity due to a chronic serious health condition; a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective; a period of incapacity due to pregnancy or prenatal care; an absence to receive multiple treatments by a health care provider for a condition that likely would result in incapacity if left untreated.

If a husband and wife both work for the University, and each wishes to take leave for the birth of a child, adoption, or placement of a child for foster care, or to care for a child with a serious health condition, the employees together may only take a combined total of 12 weeks of leave.

Request for Leave

• Except where leave is not foreseeable, all employees must submit the request in writing to their immediate supervisor, with a copy to the Human Resources Department. The employee must give the University 30 days notice, or as much notice as is practicable. If an employee fails to provide 30 days notice for foreseeable leave with no reasonable excuse for the delay, the leave request may be denied until at least 30 days from the date the employer receives notice.
• Employees requesting FMLA leave will be required to complete necessary paperwork and obtain medical certification as applicable. Failure to provide certification may result in a denial of continuation of leave. Medical Certification must be provided on the form provided by the Human Resources Department.

Benefits

• The University will continue the employee’s benefits during the leave period at the same level and under the same conditions as if the employee had continued to work. While on paid leave, payroll deductions will continue to collect the employee’s share of benefits premiums. During unpaid leave, the employee must make payment for the employee’s share of benefits premiums to the Business Office by the first day of each month. If the payment is more than 30 days late, the employee’s benefits coverage may be dropped for the duration of the leave.
• If the employee chooses not to return to work for reasons other than a continued serious health condition, the University will require the employee to reimburse the amount paid for the employee's health insurance premium during the leave period

Paid/Unpaid Leave

1. Leave to care for a birth child or recently placed child:
   1. While disabled as per a physician’s certification, employees must use accrued time as per the Sick Day Policy for their classification. If additional FMLA time beyond such period of disability is requested, or in the event of placement of a child, the employee must use vacation days, followed by personal days and then his/her floating holiday.
2. Leave to Care for an Employee’s Spouse, Child, or Parent With a Serious Health Condition:
   1. All employees will use their paid absence days in the following order while a family member is disabled as per a physician’s certification:
      1. Up To Five (5) Family Sick Days - maximum of 5 days per year (subtract out any already used)
      2. Vacation Days
      3. Personal Days/Floating Holiday
3. Leave for Employee’s Own Serious Health Condition:
   1. Employees must use accrued time as per the sick day policy for their classification.

Rules Governing the Leave Period

• The employee may take FMLA leave in 12 consecutive weeks or, under certain circumstances, use the leave intermittently (take days periodically throughout the year) or to reduce the workweek or workday, resulting in a reduced hour schedule.
• If the employee is taking leave for a serious health condition or because of the serious health condition of a family member and is requesting intermittent leave, then the employee must provide documentation as to the medical necessity of the intermittent leave.
• If the intermittent leave is approved, the University may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule.
• Leave for birth, adoption, or foster care of a child will typically be taken continuously. However, the University may consider intermittent or reduced hour leave for such circumstances if requested by the employee. The total amount of leave available for the birth, adoption, or foster care of a child must be taken within one year of the birth or placement of the child.

Return to Work

• An employee who takes leave under this policy will be able to return to the same job or a job with equivalent status, pay, benefits and other employment terms
• If the leave is for the employee’s own personal illness/injury or follows giving birth to a child, the employee must adhere to the return to work rules as outlined in the sick day policy
• The University may refuse to reinstate certain “key” employees as defined by FMLA