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Longwood
University |
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.