INDEX Policies in Process Preliminaries Policies
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Family and Medical LeavePolicy Statement In accordance with the Family and Medical Leave Act of 1993 (FMLA), P.L. 103-3, Marywood University permits employees with at least 12 months of service and with at least 1250 hours of service in the last twelve months preceding the leave to take up to twelve weeks of unpaid leave per twelve-month period. Such leave will be granted for the following reasons:
Family and Medical Leave will run concurrently with any other applicable insurance, benefits, or leaves, including but not limited to short-term disability, workers’ compensation, leave of absence, and interruption of service. Salary and benefits due under such insurance, benefits, or leaves are paid before the employee goes on unpaid status. The twelve-week job protection clause of the FMLA will be invoked beginning with the start of any such applicable absence. If an employee is still out of work because of his or her own serious health condition after the twelve-week FMLA has been exhausted, the employee will continue coverage under short-term disability or workers’ compensation, as applicable, for up to six months. However, there is no guarantee that the employee’s position will be held longer than the twelve weeks provided under FMLA. An employee’s right to a leave for the birth or adoption of a child ends twelve months after the child’s birth or placement with the employee. Spouses who are both employed by Marywood University are entitled to an aggregate total of twelve weeks leave during any twelve-month period for a birth, adoption, or foster care, or in order to care for a covered relation with a serious health condition. Each spouse is entitled to twelve weeks leave for his or her own serious health condition. An intermittent or reduced schedule leave is permitted only in the case of a serious health condition, either of the employee or a covered family member. If an intermittent leave is requested, the medical certification should also state the expected dates and duration of the treatment. Employees on intermittent or reduced leave will be paid only for the time actually worked. Available paid time off may be used to supplement reduced pay up to the employee’s regular weekly earnings. Employees are required to give thirty days notice on foreseeable leaves. While the leave is unpaid, employees may elect to use accumulated and unused vacation and/or personal days during this time. During the leave, employees who are covered under one of the Marywood University health insurance plans will have that coverage continued at the same level and cost to the employee as before the leave. If the employee returns from leave within the time constraints specified above, the employee will be reinstated to the same position or to an equivalent position. The employee will retain credit for years of service prior to the leave. For faculty members, the leave is not counted toward tenure or advancement in rank. Definitions Child is defined as a biological, adopted, foster, stepchild, legal ward, or person who is under 18 years of age or who is 18 years of age or older and incapable of self-care because of a mental or physical disability, for whom the employee acts in the capacity of a parent. Parent is defined as biological as well as a person that acted in the capacity of a parent towards the employee. Siblings and in-laws are not covered by the Act. Procedures In order to be eligible for a leave for a serious health condition, employees must present medical certification from the health care provider. Such certification should include the date the condition commenced, the probable duration of the condition, the appropriate medical facts, and where applicable, a statement that the employee is unable to perform his or her job or is needed to care for a family member with a serious health condition.History of the Policy 04/16/93 – Approved by the President for implementation 7/01/93 |
