Policy Number: 502Responsible Office: HR/Benefits
Effective Date: 4/1/01Revised: 9/24/02; 11/20/03; 9/6/06; 1/28/08; 1/16/09; 10/28/09; 9/7/10
In compliance with the Federal Family and Medical Leave Act of 1993 (FMLA), the University provides its eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying family and medical reasons. The 12-month period in which leave may be taken begins on the date an employee uses any leave permissible under the FMLA. An employee’s position with the University will be guaranteed for the period of leave that is covered by the FMLA.
On January 28, 2008 and again on October 28, 2009 the National Defense Authorization Act extended the FMLA to provide broader leave coverage for family members of those serving in the armed services. The new entitlements run concurrently with all other existing leave entitlements under the FMLA.
To be eligible for leave under FMLA, an employee must meet all of the following conditions:
Eligible employees may take up to a total of 12 workweeks of leave during a specified 12-month period for one or more of the following reasons:
The FMLA defines a son or daughter as a “biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is a) under 18 years of age; or b) 18 years of age or older and incapable of self-care because of a mental or physical disability.”
Spouses of employees who are also employed by the University are jointly entitled to a combined total of 12 workweeks of family leave for the birth and care of the newborn child or placement of a child for adoption or foster care.
Leave for birth and care, or placement for adoption or foster care must conclude within 12 months of the birth or placement.
Spouses of employees who are also employed by the University are jointly entitled to a combined total of 12 workweeks of family leave to care for a parent who has a serious health condition.
A serious health condition means an illness, injury, impairment, or physical or mental condition that involves either any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, and any period of incapacity or subsequent treatment in connection with such inpatient care; or continuing treatment by a health care provider which includes any period of incapacity (i.e., inability to work, attend school, or perform other regular daily activities) due to:
1. A health condition lasting more than three consecutive days, and any subsequent treatment or period of incapacity relating to the same condition, that also includes:
2. Pregnancy or prenatal care.
3. A chronic serious health condition which continues over an extended period of time, requires periodic visits to a health care provider, and may involve occasional episodes of incapacity (e.g., asthma, diabetes).
4. A permanent or long-term condition for which treatment may not be effective (e.g., Alzheimer's, a severe stroke, terminal cancer).
5. Any absences to receive multiple treatments for restorative surgery or for a condition which would likely result in a period of incapacity of more than three days if not treated (e.g., chemotherapy or radiation treatments for cancer).
Under some circumstances, employees may take FMLA leave intermittently, that is, in blocks of time, or by reducing the normal weekly or daily work schedule. FMLA leave may be taken intermittently whenever medically necessary to care for a seriously ill family member, or because the employee is seriously ill and unable to work. If FMLA leave is for birth and care or placement for adoption or foster care, use of intermittent leave is subject to the University’s approval. An employee who takes intermittent FMLA leave must make reasonable efforts not to disrupt the University’s business operations when scheduling his or her leave.
An employee’s failure to return to work after the expiration of FMLA may be interpreted by the University as a voluntary resignation. An employee who is unable to work at the expiration of FMLA leave may apply for an extension of the leave, if eligible, under the Americans with Disabilities Act (ADA). Please see policy #103 Disabilities in the Workplace for eligibility requirements. If the employee does not meet the criteria for an extension of his/her leave under the ADA, the employee may request a Personal Leave of Absence (see policy #501). An administrator who has accrued paid sick time balance remaining at the end of the FMLA-covered leave period should refer to the Sick Time policy #402.
At the end of the FMLA-covered period, if the employee does not return to work, or does not request or is not granted a Personal Leave of Absence, or when the employee exhausts all accrued sick time and the general leave of absence period expires, the employee will be terminated from employment with the University.
St. John's University, New York
Human Resources Policy Manual