Longwood University  Chief Administration and Finance Officer:      Human Resources        201 High Street, Lancaster 335, Farmville, VA  23909         Phone: 434.395.2074     Fax: 434.395.2666

Policy 5216  
FAMILY MEDICAL LEAVE 

I.    PURPOSE

The purpose of this policy is to inform employees of their rights and responsibilities involved 
with Family Medical Leave.

II.    POLICY

It is the policy of Longwood to provide family and medical leave according to applicable laws, including the Family and Medical Leave Act of 1993 (FMLA) and the Americans with Disabilities Act (ADA). Eligible employees have the right to take paid and/or unpaid leave, for a period of up to twelve (12) workweeks in a calendar year for one of the following reasons: birth or adoption of a child; to care for a seriously ill member of the employee’s immediate family (parent, child, spouse), or for the employee’s own serious illness. The employee will be reinstated to the same or an equivalent job with the same pay, benefits, and terms and conditions of employment upon return from leave. An employee with an injury/illness covered by Worker’s Compensation may be concurrently placed on FMLA leave.

III.    PROCEDURE

        A.  Eligibility:  Faculty, classified and wage employees are eligible subject to the following
        limitations:

                1.  Faculty, Part-time and Full-time: Eligibility will be based on full time equivalency 
                (fte), where 1.0 FTE for one academic year equals 1,560 hours. 

                2.  Classified: State employee for at least twelve (12) months and worked at least 
                1,250 hours during the twelve (12) month period immediately preceding the date
                the leave begins. 

                3.  Wage: Employed as non-student wage for at least twelve (12) months and 
                worked at least 1,250 hours during the twelve (12) month period immediately
                preceding the date the leave begins.

         B.  Notification: Employees must notify their supervisors, verbally or in writing thirty (30) 
        days prior to the leave when foreseeable; if not, the employee must give notice as soon as
        practical.  Employees may use annual and sick leave prior to the start of unpaid leave. 
        Classified employees may use up to one-third (1/3) of their sick leave balance to care for 
        a seriously ill member of the employee’s immediate family (parent, child, or spouse).

        Supervisors should notify the Human Resources (HR) Office of an employee’s request 
        as soon as the verbal or written request is received, or the employee has been, or expects 
        to be on paid or unpaid leave three or more work days for an FMLA-qualified reason.

        Within two (2) workdays following receipt of the verbal or written request, the HR Office 
        must notify the employee in writing. This notice to the employee will include eligibility status,
        medical certification requirements and the employee’s rights under FMLA.

        C.  Medical Certification: The HR Office will request medical certification for a serious 
        medical condition of the employee or family member. All medical information will be held 
        in confidence. While on FMLA leave, the HR Office will request re-certification of status
        and projected return to work, every four (4) weeks. If the circumstances of the leave 
        change, employees must notify their supervisor at least three (3) workdays prior to the date 
        they intend to return to work. Before returning to work, a fitness-for-duty statement will be
        requested from the healthcare provider/practitioner.

        D.  Continuous Leave: Classified employees who need unpaid leave due to a serious
        health condition, may also be eligible for an additional forty (40) weeks of conditional or
        unconditional leave without pay.  If conditional leave without pay is granted, automatic
        reinstatement is possible only if the employee’s position is vacant. Leave sharing may also 
        be available, in the event of an employee’s illness.  Instructional Faculty requiring leave that
        corresponds to the following conditions may, at the option of Longwood, be requested to
        continue leave to the end of the semester:
           
                1. Leave is more than three (3) weeks duration, begins more than five (5) weeks 
                before the end of the semester, and the employee returns during the three (3) week
                period before the end of the semester;

                2. Leave is at least two (2) weeks duration, begins less than five (5) weeks before 
                the end of the semester and the employee returns during the two (2) week period 
                prior to the end of the semester;

                3. Leave is at least five (5) working days duration, begins at least three (3) weeks 
                prior to the end of the semester.

        E.  Intermittent Leave: FMLA leave does not have to be taken all at once. Leave may be
        taken on an intermittent basis (i.e. one week per month or one day per week) or on a 
        reduced schedule ( i.e. four (4)hours per day). Intermittent or reduced schedule leave 
        taken for a serious health condition may be taken if medically necessary.  Intermittent or 
        reduced schedule leave taken for the birth or adoption of a child may be approved by the
        employee’s supervisor and the HR Office. Instructional Faculty needing leave, on an 
        intermittent basis, will be scheduled when possible, for classes which do not conflict with 
        the scheduled leave. Instructional Faculty may be requested to take intermittent leave for a 
        period of time, which may exceed the duration of the planned medical treatment.

        F.  Benefits:

                1.  Insurance Coverage: Health insurance, life insurance, long term disability, and
                flexible spending account benefits will be maintained during any unpaid FMLA leave 
                under the same conditions as if the employee continued to work.  If the employee does 
                not return to work following FMLA leave for a reason other than the continuation,
                recurrence, or onset of a serious health condition or other circumstances beyond their
                control, Longwood may ask to be reimbursed for health insurance premiums paid on 
                the employee’s behalf during FMLA leave.

                2.  Insurance Premiums: Employees will be responsible for their portion of the
                premiums for health insurance and long term disability during any period of unpaid 
                FMLA leave. Premiums are due by the first of each month with a thirty (30) day grace
                period.  If timely payment is not made, health insurance or long term disability insurance
                may be cancelled. Longwood will notify the employee in writing at least fifteen (15) 
                days before lapse. If the employee is on paid leave, premiums will continue to be 
                deducted from the paycheck.

Approved by the Board of Visitors, September 7, 2002.

Back to the Table of Contents                                                                     Next Policy