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Non-Family and Medical Leave

Policy Number: HR-33.01
Effective Date: July 2002
Revisions: June 2002, July 2000
Responsible Officer: Senior Vice President of Student Life & Administrative Services

 

PURPOSE

This policy was established so eligible employees could request time off to a maximum of 12 weeks, with or without pay, for an event that qualifies under the Family & Medical Leave Act.
The University has no obligation to hold open the same position which the employee held before non-FMLA. An employee returning from non-FMLA may return to her/his former position should the position still be available.

I. POLICY

The University makes leave available for qualified reasons to any regular full-time or part-time employee not eligible for Family and Medical Leave (FMLA Leave) or needing additional time off after the exhaustion of the twelve weeks of FMLA Leave. Employee applying for or approved for long-term disability are ineligible for NON-FMLA.

 

II. ELIGIBILITY

Non-FMLA may be granted to any regular full-time or part-time employee not eligible for Family and Medical Leave (FMLA Leave) or needing additional time off after the exhaustion of the twelve weeks of FMLA Leave.

III. DEFINITIONS

Family and Medical Leave (FMLA) is an employee's absence from work due to: the birth of a child and to care for the newborn child; the adoption of a child, or placement of a foster child with the employee and to care for the newly placed child; Leave to care for a newborn child or for a newly placed child must conclude within 12 months after the birth or placement. to provide care to an immediate family member (spouse, parent, son or daughter) with a serious health condition (including a child 18 years or older who is incapable of self-care because of a mental or physical disability as defined under the Americans with Disabilities Act), and when an employee is unable to work because of a serious health condition. It includes a period of disability due to pregnancy and/or post-partum.
Serious Health Condition is an illness, injury, impairment, or physical or mental condition that involves: inpatient care in a hospital, hospice, or residential medical care facility; a period of incapacity requiring absence of more than three calendar days that involves continuing treatment by a health care provider.

IV. GUIDELINES

  1. Non-FMLA cannot exceed twelve weeks including any Family and Medical Leave already taken.
  2. Intermittent leave is available for non-FMLA upon department approval, but the department has the right to change.
  3. An employee is required to substitute available paid leave for unpaid non-FMLA leave.
    1. An employee will be required to exhaust all available sick time (if applicable) and vacation time at the beginning of the leave. The employee may substitute short-term disability (if applicable) for vacation time. Should the employee exhaust his/her accrued sick and/or vacation time, the remainder of the leave, if any, will be unpaid. Employees who are enrolled in the voluntary short-term disability plan should contact the insurance carrier and report a claim of disability.
    2. During the time the employee is receiving accrued sick and vacation time they are considered to be in “active pay status”, once they begin receiving short-term disability payments from the insurance carrier (if applicable) the employee is considered to be in “inactive pay status” and accruals for sick and vacation time ceases during “inactive pay status”.
    3. In the event, that the employees leave is due to the birth of a child, please be advised that physicians generally, consider a woman to be disabled for a maximum of six weeks if she delivers vaginally and eight weeks if she delivers by cesarean, sick leave will only apply during the time the woman is considered to be disabled. In the case of the placement of a child with you for adoption or foster care, sick time is not applicable.
  4. Benefits
    1. Benefits will continue until the end of the month in which the employee exhausts all available applicable paid time off. Should the employee wish to continue her/his benefit coverage, he/she may do so at personal expense by paying the full cost of the program, plus a 2% administrative charge.
    2. An employee who was participating in a dependent-care or health-care reimbursement account may continue to participate in accordance with the plan provisions.
    3. Retirement plan contributions will continue in accordance with the provisions specified in the respective plans.
    4. An employee's eligibility for benefits not specifically permitted under this policy is suspended for the duration of the unpaid leave.
  5. Within fifteen days of first giving notice of need for non-FMLA, the employee must provide to Human Resources written medical certification from a health care provider documenting the medical condition and the expected length of the leave.
  6. The University has no obligation to hold open the same position which the employee held before non-FMLA. An employee returning from non-FMLA may return to her/his former position should the position still be available.
  7. Before returning to work, the employee will submit her/his health care provider's determination to Human Resources. This determination must state that the employee is medically able to return to work and any limitations to her/his position. The University reserves the right to have the employee cleared by a certified health care provider chosen by the University as fit to return to work.
  8. An employee on a Non-FMLA will not have any rights or privileges that s/he did not have prior to beginning the leave.
  9. An employee must keep the supervisor/manager and Human Resources aware of any changes in the scheduled date of return.
  10. An employee who fails to contact her/his supervisor/manager and Human Resources by the leave ending date will be considered to have abandoned the position and resigned without notice.
  11. Failure to provide the required documentation, including recertification will result in termination of the leave and separation from employment
  12. An employee on a leave will be terminated if he/she accepts other employment.

 

V. PROCEDURES

  1. Requests for leave must be made at least thirty days before the beginning of the leave, if foreseeable. The employee should use the form Request for Leave of Absence: Non-FMLA. If the need for leave cannot be reasonably foreseen within thirty days, the employee must give such notice as is practicable.
  2. The Human Resources Department will complete an Employer Response to Request for Non-FMLA Medical Leave Form, indicating the requested dates of the leave. Human Resources will advise the supervisor/manager of approved leave dates, and this form will be filed in a confidential medical file in the Human Resources Department. The employee will also be sent a Certification of Health Care Provider form, if applicable and not previously provided.
  3. The employee will return the completed Certification Form to Human Resources, who will judge the certification either acceptable or unacceptable. The University reserves the right to have the absence excuse reviewed by an outside source. The Certification form will be placed in the employee's confidential medical file. Human Resources will then send a Medical Certification Response form to the employee with a copy to her/his supervisor/manager. Should the certification be judged unacceptable, the department will obtain permission from the employee for Human Resources to contact the employee's health care provider for clarification.
  4. When a non-FMLA Leave is approved, the Human Resources Department will enter information collected from the supervisor/manager about the leave in the human resources information system. HR will track time until the leave is exhausted.
  5. Absences occurring during approved non-FMLA will not be included when considering an employee's attendance record. These absences should be documented, but should not be considered as an occurrence when determining action as outlined in the Performance Improvement Policy.
  6. An employee wishing to return from a non-FMLA Leave before the scheduled date of return will notify Human Resources and her/his supervisor/manager at least fifteen days before the new date of return.

Inquiries regarding this policy can be directed to the Human Resources Department.