815.1 Family and Medical Leaves of Absences

Created by: Dana Trebing on 07/31/2001
Category: 8 - Human Resources; 10 - Benefits/Services
 
Originator: Director of Human Resources
Current File: 815.1
Adoption Date: 03/01/2005
Reviewed for Currency: 03/01/2005
 
Replaces File: 815.1
Date of Origin: 05/26/1998
 
Classification: Faculty; Personnel
 
In Archive? 0


815.1 Family and Medical Leaves of Absences

 

A. Background

Furman University grants paid and unpaid leaves of absence for medical, family, and other reasons. Furman has established this policy to promote consistency throughout the University and to ensure compliance with the Family and Medical Leave Act (FMLA) of 1993. (For Policy for Military Leave, see File 877.8.)

 

B. Policy

The University will grant an employee a leave of absence for justifiable reasons. Employees must request a leave of absence at least thirty (30) days prior to the date the requested leave is to begin, if practical. All requests must be in writing on the Request for Leave of Absence Form, accompanied by a physician certificate and approved by the Budget Unit Head (and Vice President for Academic Affairs and Dean for faculty requests) and the Director of Human Resources. Medical and family leave, including intermittent or reduced schedule leave, should be scheduled so that University operations are not disrupted. Leave taken under either the medical leave or family leave provisions of this policy will count towards the twelve (12) weeks allowed under the FMLA. Furman has established the 12-month period to be the twelve (12) months prior to the beginning of the leave of absence. The maximum period of leave of absence is one year.

 

C. Guidelines

1. Regular, full-time employees who have completed their probationary period and part-time employees who have been employed for twelve (12) months and worked at least twelve hundred fifty (1250) hours in the past twelve (12) consecutive months are eligible for leaves of absence.

2. Medical Leave: An employee will be allowed to take medical leave covered by the requirements and protections of the FMLA for up to twelve (12) weeks for a medically certified temporary period of incapacity, illness, or injury that is a serious health condition (i.e., inpatient care or continuing treatment by a health care provider). In the event the employee has a disability requiring a leave of absence beyond the twelve (12) weeks, the University may offer additional leave to accommodate the disability to the extent that such an extension does not create an undue hardship for the University. This extended leave is not subject to any of the requirements or protections of the FMLA. Medical leaves of absence for pregnancy, childbirth, or related conditions shall be subject to the same eligibility, terms, and conditions as are applicable to leaves of absence for all other types of medical conditions.

a. Employees must request medical leave thirty (30) days in advance, if practical, by completing a Request for Leave of Absence Form and by providing a physician's written certification (see Certification of Physician's Form) of the need for medical leave. Requests must be approved by the Budget Unit Head and the Director of Human Resources. If the employee fails to give notice or to provide the appropriate certification, the University may delay the start of leave until thirty (30) days after notice is given or until the certification is received.

b. Employees may request continuous leave of absence, intermittent or reduced schedule leave of absence. Intermittent or reduced schedule leave of absence would provide medical leave in separate blocks of time or as a reduction in the number of hours an employee normally works.

c. The University may require the employee to re-certify the medical need for leave at any reasonable interval (i.e., every thirty days) or if the employee requests an extension of leave or if circumstances described by the original certification have changed significantly or if the University receives information that casts doubt on the need for leave.

d. The employee will be required to use paid sick leave and vacation time (if available) as part of any medical leave. The use of sick leave and vacation time will not extend the maximum leave period established by this policy. Faculty leave time will be paid according to the faculty member's contract.

e. The University may require that the employee on leave provide periodic reports on his or her intent to return to work. If the employee gives notice of the intent not to return to work, the employee will be terminated and the employee's entitlement to reinstatement and benefits will cease.

f. Benefits provided during medical leave are as follows: (1) An employee is not paid during the leave of absence except when using paid vacation or sick leave. (2) The University's contribution toward medical, life, and long-term disability insurance will continue throughout the leave period for up to twelve (12) weeks during a twelve-month period as long as the employee contributes his or her portion of the premiums. Contributions toward retirement will continue as long as the employee receives pay. If an employee fails to make regular premium payments, coverage may cease at the end of the period paid. After returning from leave regulated by the FMLA, the coverage for an employee whose benefits were terminated is automatically reinstated. (3) If the leave of absence is extended beyond the FMLA 12-week period and is taken as unpaid leave, the continuation of group insurance becomes the responsibility of the employee who must pay the full premium.

g. On all medical leaves lasting more than seven (7) consecutive calendar days, a certification from the employee's physician stating that the employee is able to return to work is required. Any limitations such as "light duty" must be explained in detail by the physician.

h. When medical leave lasts twelve (12) weeks or less, the employee will be reinstated in his or her former position or an equivalent position when the return-to-work certification is received. If the employee's medical condition prevents performance of the essential functions of the position, reasonable accommodation will be attempted as required by the Americans with Disabilities Act.

i. Employees who stay on medical leave more than twelve (12) weeks will be returned to work as follows: (1) to the employee's former position, (2) to a position most closely equivalent to the former position if a vacancy exists and if the employee is qualified, or (3) to any job for which the employee is qualified and a vacancy exists. If no position is available, the employee will be given consideration for the next available position for which he or she is qualified.

j. An employee who does not return to work when either the leave expires or when released to work by a physician will be considered to have voluntarily resigned unless there are extenuating medical circumstances.

k. Upon return from leave of absence, refusal of an offer of reinstatement will be treated as a voluntary resignation.

3. Family Leave. A staff member will be allowed to take family leave covered by the requirements and protections of the FMLA for up to twelve (12) weeks. Faculty members will be allowed to take family leave for up to one full term, which may require an extension of FML beyond twelve (12) weeks. Family leave will be granted for the following reasons: (1) to care for the employee's child if leave is taken within twelve (12) months of the birth, (2) to care for the employee's child who has been placed with the employee through adoption or foster care, (3) to care for the spouse, domestic partner, child, or parent of the employee, if that family member has a serious health condition. "Spouse" means husband or wife. "Domestic partner" will be considered equivalent to a spouse. "Child" means biological, adopted, or foster child, stepchild, legal ward, or a child being raised by the employee. The child must be either under eighteen (18) years of age or older than eighteen (18) and incapable of self-care because of a mental or physical disability, or eighteen to twenty-four (18-24) years of age and a dependent of the employee. "Parent" means biological parent or a person who had primary responsibility for raising the employee. This term does not include parents "in-law."

a. Employees should request family leave thirty (30) days in advance, if practical, by completing a Request for Leave of Absence Form and by providing a physician's written certification (See Certification of Physician's Form) to document the need for a caretaker of the family member with a serious medical condition. Requests must be approved by the Budget Unit Head (and Vice President for Academic Affairs and Dean for faculty) and the Director of Human Resources. If the employee fails to give notice or to provide the appropriate certification, the University may delay the start of leave until thirty (30) days after the notice or until the certification is received.

b. Employees may request continuous leave of absence, intermittent, or a reduced schedule leave of absence. Intermittent or reduced schedule leave of absence would provide medical leave in separate blocks of time or as a reduction in the number of hours an employee normally works. Intermittent or reduced schedule leaves will be granted only when family leave is requested to care for a spouse, child, or parent with a serious medical condition. A faculty member may choose to be absent for a full term, or to teach one course in each of two consecutive terms based on the needs and preferences of the faculty member and the academic department. The time approved for the leave will be mutually agreed upon by the faculty member, the department chair, and the Vice President for Academic Affairs and Dean at the time the request for leave is approved. Faculty leave time will be paid according to the faculty member's contract.

c. If both the husband and wife work for the University, they may take only a combined total of twelve (12) weeks in any 12-month period for the birth or placement of a child. Each spouse is entitled to a separate family leave of up to twelve (12) weeks each to care for a child, spouse, or parent with a serious health condition.

d. The University may require the employee to re-certify the spouse, child, or parent's serious health condition at any reasonable interval (i.e., every thirty (30) days) or if the employee requests an extension of leave, if circumstances described by the original certification have changed significantly or if the University receives information that casts doubt on the need for leave.

e. The employee will be required to use all accrued vacation (if available) as part of any family leave taken because of the birth or placement of a child. An employee must use all vacation and sick leave when the purpose of the leave is to care for a spouse, child, or parent with a serious health condition. The use of vacation and sick leave will not extend the 12-week maximum for family leave.

f. The University may require that the employee on leave provide periodic reports on his or her intent to return to work. If the employee gives notice of the intent not to return to work, the employee will be terminated and the employee's entitlement to reinstatement and benefits will cease.

g. Benefits provided during family leave are as follows: (1) An employee is not paid during the leave of absence except when using paid vacation or sick leave. (2) The University's contribution toward medical, life, and long-term disability insurance will continue throughout the leave period for up to twelve (12) weeks during a 12-month period as long as the employee contributes his or her portion of the premiums. Contributions toward retirement will continue as long as the employee receives pay. If an employee fails to make regular premium payments, coverage may cease at the end of the period paid. After returning from leave regulated by the FMLA, the coverage for an employee whose benefits were terminated is automatically reinstated. (3) If the leave of absence is extended beyond the FMLA 12-week period and is taken as unpaid leave, the continuation of group insurance becomes the responsibility of the employee who must pay the full premium.

h. When family leave lasts twelve (12) weeks or less, the employee will be reinstated in his or her former position or an equivalent position.

i. Employees who stay on family leave for more than twelve (12) weeks will be returned to work as follows: (1) to the employee's former position, (2) to a position most closely equivalent to the former position if a vacancy exists and if the employee is qualified, (3) to any job for which the employee is qualified and a vacancy exists. If no position is available, the employee will be given consideration for the next available position for which he or she is qualified.

j. An employee who does not return to work when the leave expires will be considered to have voluntarily resigned.

k. Upon return from leave of absence, refusal of an offer of reinstatement will be treated as a voluntary resignation.

...........................

815.1 Family and Medical Leaves of Absences

815.1 Family and Medical Leaves of Absences

Created by: Dana Trebing on 07/31/2001
Category: 8 - Human Resources; 50 - Health/Safety
 
Originator: Director of Human Resources
Current File: 815.1
Adoption Date: 03/01/2005
Reviewed for Currency: 03/01/2005
 
Replaces File: 815.1
Date of Origin: 05/26/1998
 
Classification: Faculty; Personnel
 
In Archive? 0


815.1 Family and Medical Leaves of Absences

 

A. Background

Furman University grants paid and unpaid leaves of absence for medical, family, and other reasons. Furman has established this policy to promote consistency throughout the University and to ensure compliance with the Family and Medical Leave Act (FMLA) of 1993. (For Policy for Military Leave, see File 877.8.)

 

B. Policy

The University will grant an employee a leave of absence for justifiable reasons. Employees must request a leave of absence at least thirty (30) days prior to the date the requested leave is to begin, if practical. All requests must be in writing on the Request for Leave of Absence Form, accompanied by a physician certificate and approved by the Budget Unit Head (and Vice President for Academic Affairs and Dean for faculty requests) and the Director of Human Resources. Medical and family leave, including intermittent or reduced schedule leave, should be scheduled so that University operations are not disrupted. Leave taken under either the medical leave or family leave provisions of this policy will count towards the twelve (12) weeks allowed under the FMLA. Furman has established the 12-month period to be the twelve (12) months prior to the beginning of the leave of absence. The maximum period of leave of absence is one year.

 

C. Guidelines

1. Regular, full-time employees who have completed their probationary period and part-time employees who have been employed for twelve (12) months and worked at least twelve hundred fifty (1250) hours in the past twelve (12) consecutive months are eligible for leaves of absence.

2. Medical Leave: An employee will be allowed to take medical leave covered by the requirements and protections of the FMLA for up to twelve (12) weeks for a medically certified temporary period of incapacity, illness, or injury that is a serious health condition (i.e., inpatient care or continuing treatment by a health care provider). In the event the employee has a disability requiring a leave of absence beyond the twelve (12) weeks, the University may offer additional leave to accommodate the disability to the extent that such an extension does not create an undue hardship for the University. This extended leave is not subject to any of the requirements or protections of the FMLA. Medical leaves of absence for pregnancy, childbirth, or related conditions shall be subject to the same eligibility, terms, and conditions as are applicable to leaves of absence for all other types of medical conditions.

a. Employees must request medical leave thirty (30) days in advance, if practical, by completing a Request for Leave of Absence Form and by providing a physician's written certification (see Certification of Physician's Form) of the need for medical leave. Requests must be approved by the Budget Unit Head and the Director of Human Resources. If the employee fails to give notice or to provide the appropriate certification, the University may delay the start of leave until thirty (30) days after notice is given or until the certification is received.

b. Employees may request continuous leave of absence, intermittent or reduced schedule leave of absence. Intermittent or reduced schedule leave of absence would provide medical leave in separate blocks of time or as a reduction in the number of hours an employee normally works.

c. The University may require the employee to re-certify the medical need for leave at any reasonable interval (i.e., every thirty days) or if the employee requests an extension of leave or if circumstances described by the original certification have changed significantly or if the University receives information that casts doubt on the need for leave.

d. The employee will be required to use paid sick leave and vacation time (if available) as part of any medical leave. The use of sick leave and vacation time will not extend the maximum leave period established by this policy. Faculty leave time will be paid according to the faculty member's contract.

e. The University may require that the employee on leave provide periodic reports on his or her intent to return to work. If the employee gives notice of the intent not to return to work, the employee will be terminated and the employee's entitlement to reinstatement and benefits will cease.

f. Benefits provided during medical leave are as follows: (1) An employee is not paid during the leave of absence except when using paid vacation or sick leave. (2) The University's contribution toward medical, life, and long-term disability insurance will continue throughout the leave period for up to twelve (12) weeks during a twelve-month period as long as the employee contributes his or her portion of the premiums. Contributions toward retirement will continue as long as the employee receives pay. If an employee fails to make regular premium payments, coverage may cease at the end of the period paid. After returning from leave regulated by the FMLA, the coverage for an employee whose benefits were terminated is automatically reinstated. (3) If the leave of absence is extended beyond the FMLA 12-week period and is taken as unpaid leave, the continuation of group insurance becomes the responsibility of the employee who must pay the full premium.

g. On all medical leaves lasting more than seven (7) consecutive calendar days, a certification from the employee's physician stating that the employee is able to return to work is required. Any limitations such as "light duty" must be explained in detail by the physician.

h. When medical leave lasts twelve (12) weeks or less, the employee will be reinstated in his or her former position or an equivalent position when the return-to-work certification is received. If the employee's medical condition prevents performance of the essential functions of the position, reasonable accommodation will be attempted as required by the Americans with Disabilities Act.

i. Employees who stay on medical leave more than twelve (12) weeks will be returned to work as follows: (1) to the employee's former position, (2) to a position most closely equivalent to the former position if a vacancy exists and if the employee is qualified, or (3) to any job for which the employee is qualified and a vacancy exists. If no position is available, the employee will be given consideration for the next available position for which he or she is qualified.

j. An employee who does not return to work when either the leave expires or when released to work by a physician will be considered to have voluntarily resigned unless there are extenuating medical circumstances.

k. Upon return from leave of absence, refusal of an offer of reinstatement will be treated as a voluntary resignation.

3. Family Leave. A staff member will be allowed to take family leave covered by the requirements and protections of the FMLA for up to twelve (12) weeks. Faculty members will be allowed to take family leave for up to one full term, which may require an extension of FML beyond twelve (12) weeks. Family leave will be granted for the following reasons: (1) to care for the employee's child if leave is taken within twelve (12) months of the birth, (2) to care for the employee's child who has been placed with the employee through adoption or foster care, (3) to care for the spouse, domestic partner, child, or parent of the employee, if that family member has a serious health condition. "Spouse" means husband or wife. "Domestic partner" will be considered equivalent to a spouse. "Child" means biological, adopted, or foster child, stepchild, legal ward, or a child being raised by the employee. The child must be either under eighteen (18) years of age or older than eighteen (18) and incapable of self-care because of a mental or physical disability, or eighteen to twenty-four (18-24) years of age and a dependent of the employee. "Parent" means biological parent or a person who had primary responsibility for raising the employee. This term does not include parents "in-law."

a. Employees should request family leave thirty (30) days in advance, if practical, by completing a Request for Leave of Absence Form and by providing a physician's written certification (See Certification of Physician's Form) to document the need for a caretaker of the family member with a serious medical condition. Requests must be approved by the Budget Unit Head (and Vice President for Academic Affairs and Dean for faculty) and the Director of Human Resources. If the employee fails to give notice or to provide the appropriate certification, the University may delay the start of leave until thirty (30) days after the notice or until the certification is received.

b. Employees may request continuous leave of absence, intermittent, or a reduced schedule leave of absence. Intermittent or reduced schedule leave of absence would provide medical leave in separate blocks of time or as a reduction in the number of hours an employee normally works. Intermittent or reduced schedule leaves will be granted only when family leave is requested to care for a spouse, child, or parent with a serious medical condition. A faculty member may choose to be absent for a full term, or to teach one course in each of two consecutive terms based on the needs and preferences of the faculty member and the academic department. The time approved for the leave will be mutually agreed upon by the faculty member, the department chair, and the Vice President for Academic Affairs and Dean at the time the request for leave is approved. Faculty leave time will be paid according to the faculty member's contract.

c. If both the husband and wife work for the University, they may take only a combined total of twelve (12) weeks in any 12-month period for the birth or placement of a child. Each spouse is entitled to a separate family leave of up to twelve (12) weeks each to care for a child, spouse, or parent with a serious health condition.

d. The University may require the employee to re-certify the spouse, child, or parent's serious health condition at any reasonable interval (i.e., every thirty (30) days) or if the employee requests an extension of leave, if circumstances described by the original certification have changed significantly or if the University receives information that casts doubt on the need for leave.

e. The employee will be required to use all accrued vacation (if available) as part of any family leave taken because of the birth or placement of a child. An employee must use all vacation and sick leave when the purpose of the leave is to care for a spouse, child, or parent with a serious health condition. The use of vacation and sick leave will not extend the 12-week maximum for family leave.

f. The University may require that the employee on leave provide periodic reports on his or her intent to return to work. If the employee gives notice of the intent not to return to work, the employee will be terminated and the employee's entitlement to reinstatement and benefits will cease.

g. Benefits provided during family leave are as follows: (1) An employee is not paid during the leave of absence except when using paid vacation or sick leave. (2) The University's contribution toward medical, life, and long-term disability insurance will continue throughout the leave period for up to twelve (12) weeks during a 12-month period as long as the employee contributes his or her portion of the premiums. Contributions toward retirement will continue as long as the employee receives pay. If an employee fails to make regular premium payments, coverage may cease at the end of the period paid. After returning from leave regulated by the FMLA, the coverage for an employee whose benefits were terminated is automatically reinstated. (3) If the leave of absence is extended beyond the FMLA 12-week period and is taken as unpaid leave, the continuation of group insurance becomes the responsibility of the employee who must pay the full premium.

h. When family leave lasts twelve (12) weeks or less, the employee will be reinstated in his or her former position or an equivalent position.

i. Employees who stay on family leave for more than twelve (12) weeks will be returned to work as follows: (1) to the employee's former position, (2) to a position most closely equivalent to the former position if a vacancy exists and if the employee is qualified, (3) to any job for which the employee is qualified and a vacancy exists. If no position is available, the employee will be given consideration for the next available position for which he or she is qualified.

j. An employee who does not return to work when the leave expires will be considered to have voluntarily resigned.

k. Upon return from leave of absence, refusal of an offer of reinstatement will be treated as a voluntary resignation.

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