Appendix 10 Family and Medical Leave Policy

  1. GENERAL PURPOSE

    In accordance with the Federal Family and Medical Leave Act (FMLA), the University's policy is to grant up to 12 weeks of unpaid leave during a 12-month period, if the procedures in this policy are followed and leave is requested for any of the following reasons:

    1. To care for an employee's child after birth, adoption, or foster care placement;

    2. To care for an immediate family member with a serious health condition;

    3. A serious health condition of the employee that renders the employee unable to perform his or her functions.


    An eligible employee must have one year of service and have worked at least 1,250 hours during the 12 months preceding the leave request.

    Employees are limited to a maximum of 12 weeks unpaid leave for any of these purposes. If the leave is for birth, adoption, or foster care placement, the leave must be completed within 12 months of the date of birth or placement. The right to take leave under FMLA applies equally to male and female employees. A father, as well as a mother, can take family leave for the birth, placement for adoption or foster care of child.
  2. PROCEDURES

    1. Employees applying for Family and Medical Leave must complete a Leave of Absence Request Form, accompanied by the Certification of Health Care Provider form, available in the Benefits Office, or on the website at www.gonzaga.edu/benefits.
    2. Request for leave must be submitted 30 days in advance. If 30 days notice is not possible, such as because of a lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as possible.

    3. Employees are required to use all available paid leave (i.e.; sick, personal leave and/or vacation, when applicable) before going to unpaid status.

    4. The University has the right to require a second medical opinion from a health care provider selected, and paid for, by the University. A third opinion may also be required. The selected health care provider may not be employed on a regular basis by the University.
    5. While on leave, employees are requested to report periodically to their supervisor regarding the status of the medical condition, and their intent to return to work.


  3. DEFINITIONS

    1. A "serious health condition" is a physical or mental condition that requires inpatient care or continuous treatment by a health care provider.

    2. An "immediate family member" includes the employee's spouse, son, daughter or parent (but not a parent "in-law"). A "son" or "daughter" is any child under 18 who is the biological child of the employee, who is adopted by the employee, or whom the employee supervises on a day-to-day basis and for whom the employee is financially responsible. A "son" or "daughter" is also a child over 18 who is incapable of self-care because of a mental or physical disability. A parent is a biological parent or individual who assumed day-to-day and financial responsibility for the employee when the employee was a child. NOTE: The Washington State Family Care Rule also provides protected leave for parent-in-laws and grandparents (parents of the employee's parents only). However, medical and dental benefits paid by the University do not continue during unpaid leave periods.

    3. A "health care provider" is any doctor of medicine or osteopathy, podiatrist, optometrist, and nurse practitioner, or nurse midwife performing within the scope of his or her practice as defined under state law.

    4. The "12-month period" will be calculated by determining the amount of leave used by an employee for the 12 months prior to each day for which leave is requested and subtracting that number from the total days equal to 12 work weeks. This is referred to as the "rolling" method of calculation. Employees will be advised when requesting leave of the amount of Family and Medical Leave they have available.


  4. HEALTH BENEFITS

    1. Health benefits will be continued during the leave on the same basis as before the leave. The employee is required to continue to pay the employee portion of any health insurance premiums normally deducted from the employee's paycheck and shall pay such amounts at the time contributions are normally deducted. All the amounts due the University because of un-reimbursed health benefits provided during the leave will be deducted from the employee's pay upon return. NOTE: The Washington State Family Care Rule that extends protected leave for parent-in-laws and grandparents does not include continuation of medical and dental benefits paid by the University during unpaid leave periods.

    2. An employee may self-pay on other group benefits during the unpaid leave.


  5. INTERMITTENT LEAVE OR A REDUCED WORK SCHEDULE

    1. The employee may take FMLA leave in 12 consecutive weeks, may use the leave intermittently (take it periodically when needed over the year), or under certain circumstances may use the leave to reduce the work week or work day, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12 weeks over a 12-month period.

    2. For intermittent leave or leave on a reduced hour schedule, there must be a medical need for the leave as documented by the Certification of Health Care Provider form for a serious health condition.
    3. An employee needing intermittent leave or leave on a reduced hour schedule must attempt to schedule their leave as not to disrupt departmental operations.
    4. The University may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule.


  6. REINSTATEMENT

    1. An employee taking leave under this policy will be returned to the employee's same position or to an equivalent position, unless the employee would have been terminated in the absence of any leave.
    2. Before returning from a leave for the employee's serious health condition, the employee must have a release from a health care provider authorizing the return and stating any applicable work restrictions.
    3. Upon receiving notice that the employee is not returning to employment with the University, or should the employee simply fail to return or return to employment with the University for fewer than thirty days after leave has ended, the employee shall owe the University the cost of any benefits provided during leave, including both the employer and any employee premiums. No such amount shall be owed if there is a recurrence or onset of a serious health condition.