Definition
A family and/or medical leave of absence shall be defined as an approved absence available to eligible employees for up to twelve weeks of unpaid leave under particular circumstances that are critical to the life of a family. Leave may be taken: upon the birth of your child; upon the placement of a child with you for adoption or foster care; when you need to care for a child, spouse, or parent who has a serious health condition; or when you are unable to perform the functions of your position because of a serious health condition.
If you are entitled to paid leave under another benefit plan or policy, you must take the paid leave first which will be counted toward the twelve weeks available under this policy. If you take leave for the birth of a child or because of your own serious illness, you must substitute available accrued sick time for all or part of the twelve weeks. If, under these circumstances, you must be absent from work beyond the available number of days in your sick bank, you may be eligible for Short-term Disability benefits.
If you take leave for adoption or foster care of a child or to care for a spouse, parent or child with a serious illness, you have the option to use Parental or Family Care Leave. If, under these circumstances, you must be absent from work beyond the number of days you are eligible to convert, you must substitute all accrued vacation time for the balance of the twelve weeks.
Eligibility
To be eligible for leave under this policy you must have been employed for at least twelve months in total, and must have worked at least 1250 hours during the twelve month period preceding the commencement of the leave. You may take a maximum of twelve weeks Family and Medical Leave during a twelve month period. The twelve month period is determined going forward from the date leave is first taken.
Exception: If you are a salaried employee who is among the highest paid ten percent of the University's employees, you may not be entitled to reinstatement if substantial economic injury to the university would result. In this situation, however, you will be notified that reinstatement may be denied and, when it is determined that keeping the job open would result in substantial economic injury, you will be given an opportunity to return to work immediately or at the expiration of any paid leave to which you otherwise may be entitled.
Basic Regulations and Conditions to Leave
1. The University will require medical certification to support a claim for leave for your own serious health condition or to care for a seriously ill child, spouse, or parent. The medical certification must include the information set forth in Section VII.2 of this policy. At its discretion, the University may require a second medical opinion and periodic recertification at its own expense. If the first and second opinions differ the University, at its own expense, may require the binding opinion of a third health care provider, approved jointly by the University and the employee.
2. If medically necessary for your own serious health condition or that of your spouse, child or parent, leave may be taken on an intermittent or reduced leave schedule. If leave is requested on this basis, however, the University may require you to transfer temporarily to an alternative position which better accommodates recurring periods of absence or a part-time schedule, provided that the position has equivalent pay and benefits.
3. Spouses who are both employed by the University are entitled to twelve weeks of leave each for the birth, adoption or foster placement of a child or the care of a sick parent.
4. Time off due to a job-related illness or injury that has resulted in a serious health condition will be applied to an eligible employee's leave under this policy.
Notification and Return to Work Requirements
1. When the need for your leave is foreseeable, such as the birth or adoption of a child, or planned medical treatment, you must provide reasonable prior notice, and make efforts to schedule leave so as not to disrupt University operations. In cases of illness, you will be required to report periodically on your leave status and intention to return to work. If leave is not foreseeable, notice should be provided as soon as possible, usually no more than two days from when your leave commenced.
2. If you are on leave because of your own serious health condition, you must submit a medical certification indicating that you are able to resume work. You will not be permitted to return to work until the appropriate medical certification is received.
3. You will be returned to the same or a substantially equivalent job upon return from leave.
Status of Employee Benefits During Leave of Absence
1. While on leave, you are entitled to the continuance of group health coverage under the same conditions that you received coverage prior to the leave. To continue health insurance, you must arrange to pay your contribution, if any, to the total premium during the period of unpaid absence.
2. If you go on leave, you may revoke or change your existing election under the Healthcare Spending Account Plan. To continue coverage during unpaid leave, you may pre-pay for the coverage, pay for coverage on an after-tax basis while on leave, or arrange a schedule to "catch up" payments upon return.
3. Life Insurance, Short-term Disability benefits, Long-term Disability Insurance, and Long-term Care Insurance will be continued during periods of family and medical leave.
4. Up to twelve weeks of Family Medical Leave time will be credited for calculating service at the University for vacation and tuition benefits. Time off beyond twelve weeks will not be credited.
While on leave, you will not be eligible for any other benefits not otherwise mentioned above. You are eligible to use applicable paid benefit time during Family and Medical Leave.
Procedures
1. You must complete a Request for Family and Medical Leave of Absence Form to apply for Family and Medical Leave. If the University learns that your leave is being taken for a purpose set forth in Section I, the University may designate the leave as Family and Medical Leave under this policy regardless of whether you submit an application. You must complete the application in detail, sign it, submit it to your department head for approval and forwarded it to the Office of Human Resources. If possible, the application should be submitted thirty (30) days in advance of the effective date of the leave.
2. All requests for family and medical leaves of absence must be submitted in writing. The University will provide you with the appropriate forms, including a Health Care Provider Certification Form. This form must be completed in full and returned to the University within fifteen days of the request of your leave. In the case of a medical certification for intermittent leave or leave on a reduced leave schedule for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment must be stated.
3. Within two (2) business days (absent extenuating circumstances) of receiving a request for Family and Medical Leave under this policy, the University will complete and return to you a Response to Request for Family and Medical Leave form. This form informs you of your eligibility and the conditions of your leave. Your leave is not approved until the certification of Health Care Provider Form is completed and returned and the University determines that the reason for your leave is covered by the Family and Medical Leave Act.