D.1 Family and Medical Leave

Policy No. D. 1.00

Date of Issue 7/2/2014

The university will grant family and medical leave ("FMLA Leave") in accordance with the requirements of the Family and Medical Leave Act, which provides eligible employees job-protected unpaid leave for certain family and medical reasons. Employees are expected to provide prompt notice to Human Resources of any change(s) to their expected return to work date from FMLA leave. Accepting or continuing other employment while on leave that is contrary to the restrictions indicated by an employee’s FMLA certification, or filing for unemployment insurance benefits while on leave shall be treated as a voluntary resignation from employment.

1.01

Employee Eligibility

To be eligible for FMLA Leave, an employee must: (1) have worked for the university for a total of at least 12 months; (2) have worked at least 1,250 hours over the previous 12 months as of the start of the leave; and (3) work at a site within 75 miles of a worksite in which the university employs at least 50 people.

1.02

Reasons for Leave

Because an employee's rights and obligations may vary depending upon the reason for the FMLA Leave, it is important to identify the purpose or reason for the leave. FMLA Leave may be used for one of the following reasons:

1.	The birth, adoption, or foster care of an employee's child within 12 months following birth or placement of the child;
2.	To care for an immediate family member(spouse, child, or parent) with a serious health condition;
3.	An employee's inability to work because of a serious health condition;
4.	A "qualifying exigency," as defined under the FMLA, arising from a spouse's, child's, or parent's active duty or call to active duty in a foreign country as a member of the Military Reserves, National Guard or Armed Forces ("Military Emergency Leave"); or
5.	To care for a spouse, child, parent or next of kin (nearest blood relative) who is (a) an Armed Forces member (including the military reserves and National Guard) undergoing medical treatment, recuperation, or therapy, is otherwise in an outpatient status, or is otherwise on the temporary disability retired list with a serious injury or illness incurred or aggravated in the line of duty while on active duty that may render the individual medically unfit to perform his or her military duties;or (B) a person who, during the five years prior to the treatment necessitating the leave, served in the active Military, Naval, or Air Service, and who was discharged or released under conditions other than dishonorable (a "veteran" as defined by the Department of Veteran Affairs)and who has a qualifying injury or illness incurred or aggravated in the line of duty while on active duty that manifested itself before or after the member became a veteran ("Military Caregiver Leave").

1.03

Length of Leave

The maximum amount of FMLA Leave will be 12 work weeks in any 12-month period when the leave is take for any of the leaves identified under paragraphs (1) through (4) in Section II above. A 12-month period begins on the date of first use of FMLA Leave, and the university uses a "rolling" 12-month period measured backward from the date an employee uses any FMLA Leave. Put another way, each time an employee takes FMLA Leave,the remaining leave entitlement would be any balance of the 12 weeks which has not been used during the immediately preceding 12 months.

The maximum amount of FMLA Leave for an employee wishing to take Military Caregiver Leave will be a combined leave total of 26 work weeks in a single 12-month period. A "single 12-month period" begins on the date of your first use of such leave and ends 12 months after that date.

If both spouses in a couple are employed by the university, their FMLA Leave due to the birth, adoption or foster placement of a child or to care for a parent with a serious health condition, will be limited to a combined total of 12 weeks in any rolling 12-month period. Their Military Caregiver Leave will be limited to a combined total of 26 weeks in a single 12-month period. FMLA Leave taken by either for other purposes may exceed that combined 12 week total (although such "other" leave will be subject to the individually-applicable 12 and 26 weeks maximums).

Under some circumstances, employees may take FMLA Leave intermittently-which means taking leave in blocks of time, or by reducing the normal weekly or daily work schedule. Leave taken intermittently may be taken in increments of no less than one hour.

1.04

Notice and Certification

Requirements for leaves not related to Military Emergency Leave

Employees are required to provide:

1.	When the need to take leave is foreseeable, 30 days advance notice or such notice as is both possible and practical if the leave must begin in less than 30 days (normally this would be the same day the employee becomes aware of the need for leave or the next business day);
2.	When the need for leave is not foreseeable, notice within the time prescribed by the university's normal absence reporting policy, unless unusual circumstances prevent compliance, in which case notice is required as soon as is otherwise possible and practical;
3.	When the leave relates to medical issues, a completed Certification of Health-Care Provider form within 15 calendar days (for Military Caregiver Leave, an invitational travel order or invitational travel authorization may be submitted in lieu of a Certification of Health Care Provider form);
4.	When requested, documentation, such as adoption or foster placement documentation, to support the leave request;
5.	Periodic recertification (upon request); and
6.	Periodic reports on the employee’s status and intent to return to work during the leave (upon request).

Certification forms are available from Human Resources. At the university's expense, it may also require a second or third medical opinion regarding the employee’s serious health condition. Employees are expected to cooperate in obtaining additional medical opinions that the university may require.

When leave is for planned medical treatment, employees must try to schedule treatment so as not to unduly disrupt the department’s operation.

Military Emergency Leave Requirements

Employees are required to provide:

1.	As much advance notice as is reasonable and practicable under the circumstances;
2.	A copy of the covered military member's active duty orders when the employee requests leave; and
3.	A completed Certification of Qualifying Exigency form within 15 calendar days, unless unusual circumstances exist to justify providing the form at a later date.

Failure to Provide Certification and to Return from Leave

Absent unusual circumstances, failure to comply with these notice and certification requirements may result in a delay or denial of the leave. An employee must notify Human Resources in instances where he/she is unable to return to work at the expiration of any leave granted in accordance with this policy. In cases where the employee fails to return to work at expiration of the leave without obtaining an extension, the university shall presume that the employee has voluntarily terminated employment.

1.05

Compensation During Leave

FMLA Leave is unpaid. However, in the case of an employee’s inability to work because of a serious health condition, he/she will be required to first exhaust any accrued sick days or disability pay as part of the FMLA Leave before the unpaid portion of the leave begins. Subject to the terms of the immediately preceding sentence, an employee on FMLA Leave may elect to use available paid time off (e.g. vacation hours and personal days) as part of the FMLA Leave before the unpaid portion of the FMLA Leave begins. Any payments will be integrated so that employees will receive no more than their regular compensation during this period. The use of paid benefits will not extend the length of a FMLA Leave

1.06

Benefits During Leave

Contributions for group health benefits during the FMLA Leave will continue on the same terms as they were prior to the commencement of leave. Employees who are on FMLA Leave without pay must continue to make any premium payments for health coverage for themselves and applicable dependents. Employees taking FMLA Leave for reasons other than Military Caregiver Leave will generally be provided with group health benefits for a 12 workweek period. Employees taking Military Caregiver Leave maybe eligible to receive group health benefits coverage for up to a maximum of 26 workweeks.

Length of service as of the FMLA Leave date will remain intact, but benefits such as vacation will not accrue while on an unpaid FMLA Leave. Contributions to the university’s 403(b) plan will not be made during any period of unpaid leave.

1.07

Job Reinstatement

Under most circumstances, employees will be reinstated to the same position held at the time of the leave or to an equivalent position with equivalent pay, benefits, and other employment terms and conditions. The right to reinstatement does not supersede any employment actions that would have taken place in spite of the leave.

An employee wishing to return to work from a FMLA Leave related to his/her serious health condition must submit an acceptable release from a health care provider that certifies the employee can perform the essential functions of his/her job as those essential functions relate to the employee's serious health condition. For an employee on intermittent FMLA Leave, such a release may be required if reasonable safety concerns exist regarding the employee's ability to perform his/her duties, based on the serious health condition for which the employee took the intermittent leave.

"Key employees," as defined by law, are salaried, FMLA-eligible employees who are among the highest paid ten percent of all the employees. These employees may be subject to reinstatement limitations in some circumstances. Key employees are notified of the possible limitations on reinstatement at the time leave is requested.

The Notice to Employees of Rights Under FMLA (WHD Publication 1420) is incorporated into this policy by this reference.

For relevant definitions and procedures click here

1.08

Definitions

“Family Member” includes the employee's spouse, son, daughter, parent (but not a parent "in-law") or eligible domestic partner. A "son" or "daughter" is any child under 18 who is the biological child of the employee, who is adopted by the employee, or whom the employee supervises on a day-to-day basis and for whom the employee is financially responsible. A "son" or "daughter" is also a child over 18 who is incapable of self-care because of a mental or physical disability. A parent is any individual who assumed day-to-day and financial responsibility for the employee when the employee was a child.

“Health Care Provider” is any doctor of medicine or osteopathy, podiatrist, optometrist, and nurse practitioner, or nurse midwife performing within the scope of their practice as defined under state law. Christian Science practitioners and Chiropractors are health care providers to the extent defined under regulations issued by the U.S. Department of Labor.

“Serious Health Condition” is defined as an illness, injury, impairment or physical or mental condition that involves a period of incapacity or treatment following in-patient care in a hospital, hospice, or residential medical care facility; 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.