Leave of Absence

Family and Medical Leave
Personal Leave
Temporary Disability Leave
Medical Leave
Disability Leave

Family and Medical Leave (FMLA)

Eligibility:
All regular University employees working a minimum 20 hours per week.

Who Pays:
Employee

Effective Date:
After 12 months of service.

Description:
Eligible Employee: An Andrews University employee who has worked for the university for at least 12 months in total, and for at least 1,250 hours during the 12 month period immediately preceding the commencement of leave is eligible for family and medical leave according to the Family and Medical Leave Act of 1993 if they have been employed at least half-time in any one of the following University classifications: HH, HP, HF, SP, SF, AP, AF, FT, and FF.

Reasons for Leave: The Family and Medical Leave Act of 1993 provides for leave for the following reasons:

Birth or care of a child. Leave must be concluded within one-year period commencing with the birth of a child. Where required, the leave may begin prior to these dates.
Child adoption or foster care of a child. Leave must be concluded within a one-year period commencing with the date of placement for adoption or foster care of a child at any age. Where required, the leave may begin prior to these dates.
Care of spouse, son, daughter, or parent if such individual has a serious health condition and the employee is needed to care for the family member.
Employees own serious health condition which disables him/her from performing functions of his/her job.

Duration of Leave: The Family and Medical Leave Act of 1993 provides for up to 12 weeks of unpaid leave in a 12 month period which may be taken as an unbroken period or may be taken cumulatively. However, if eligible employees have accrued paid leave benefits, they will be required to use those accrued benefits to provide compensation during all or any part of the 12 weeks leave. The use of accrued benefits will not extend the duration of a family or medical leave.

Where the University employs both spouses, the leave is for a combined total of twelve (12) weeks for both employees during the 12-month period, except for a leave because of a serious health condition of the employee or child.

Intermittent or Reduced Leaves: With mutual agreement between the University and the employee, leave may be taken intermittently or at a reduced leave schedule in the event of the birth, adoption, or foster care of a child.

Employees have a right to take intermittent or reduced leave (half days) when medically necessary to care for a spouse, child, or parent who has a serious health condition or if the employee has a serious health condition. An employee granted an intermittent or reduced leave schedule may be required to temporarily transfer to an alternate position with equal pay and benefits.

Where an employee takes an intermittent or reduced leave for an immediate family member or because of the employees own serious health condition based upon foreseeable planned medical treatment, the employee is required to make a reasonable effort to schedule treatment so as to unduly disrupt the operations of the University.

Application for Leave and Notice: The employee is required to apply to the Andrews University Human Resources Office for leave at least thirty (30) days prior to the beginning of the leave, except where the leave is for the birth of child or adoption or foster care of a child or where the date of treatment for the employee or family member is scheduled to begin within less than thirty (30) days. Under such circumstances the employee must apply for leave as soon as is practicable. No advance notice or application is required where the reason for the reason for the leave is not forseeable.

With the Application for Leave the employee must provide medical certification detailing: date the serious health condition began, probable duration; appropriate medical facts regarding the condition; a statement that the employee is needed to care for the family member or that the serious health condition prevents the employee from performing his/her job; an estimate of the time needed: for intermittent leave or a leave on a reduced schedule for planned medical treatment, the application is to state the dates when the leave is expected to be given and the duration of the treatment.

The University may at its discretion, require a second opinion, and if there is not an agreement with the first opinion, a third opinion may be required. The decision of the third opinion is binding. The second and third opinion will be at the expense of the University.

The University may require the employee to provide periodic recertification on a reasonable basis. If the leave has been because of a serious medical condition of the employee, the University may require a certificate before the employee returns to work.

Remuneration During the Leave: The leave granted under the Family and Medical Leave Act of 1993 may or may not be with pay depending on the employees vacation, paid leave or long-term sick bank benefit status. The employee will be required to use all those accrued benefits during all or any part of the 12 weeks leave. If the employees paid benefits are exhausted, the remainder, if any, of the FMLA leave will be unpaid. The use of accrued benefits will not extend the duration of a family or medical leave.

Reinstatement and Maintenance of Benefits: During the course of this medical or family leave the individual in question continues to be an employee of the University entitled to the rights listed below. Consequently this leave is not to be used when the employee has no intention, or will obviously not have the ability, to return at the end of the leave.

The employee is entitled either to be restored to the position held when the leave commenced or, at the employers option to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment.
The employee is entitled to any right, benefit, or position to which the employee would have been entitled had he/she not taken the leave.
The employer will continue the health care coverage to which the employee was entitled to throughout the period of the leave. The employee may be required to pay his/her portion of the health care premium throughout the period of the leave.
If the employee does not return to his/her employment following the leave, the University may require the employee to pay the Universitys portion of the health care premium applicable to the unpaid portion of the leave, unless the failure to return is because of:
1. The continuation or reoccurrence or onset of a serious health condition that entitles the employee to leave because of his/her own illness or that of a family member, or
2. For other circumstances beyond the control of the employee.
Full-time employees in classes HF, SF, AF, and FF continue to be entitled to employer-provided Employee Survivor Benefit Plan during the course of this leave. The benefits of that Plan are available in a separate policy brochure at the Human Resources Office.
The employee is NOT entitled to the accrual of any seniority during the leave. Retirement service will not be earned on the unpaid portion of the leave.

Employee Rights: The employee has certain rights provided by the Family and Medical Leave Act of 1993:

Exercise of Rights - It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this title.
Discrimination - It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this title.
Interference with Proceedings or Inquiries - It shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual:
1. Has filed any charge, or has instituted or cause to be instituted any proceeding, under or related to this title;
2. Has given or is about to give, nay information in connection with any inquiry or proceeding relating to any right provided under this title; or
3. Has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this title.

Definitions

For the purposes of this policy the following definitions apply, as found in the Fair Labor Standards Act of 1938 and the Family and Medical Leave Act of 1993:

Employee means any individual employed by the University.
Employment Benefits means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pension, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan."
Health Care Provider means a doctor of medicine or osteopathy who is authorized to practice medicine or surgery; or any other person determined by the Secretary of Labor to be capable of providing health care services.
Parent means biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child. Parents "in law" are not included.
Physical or Mental Disability means an impairment that substantially limits one or more of the major life activities of an individual.
Reduced Leave Schedule means a leave schedule that reduces the usual number of hours of an employee per work week, or hours per workday.
Serious Heath Condition means an illness, injury, impairment, or physical or mental condition that involves:
1. Any period of incapacity or treatment in connection with or consequent to inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility.
2. Any Period of incapacity requiring absence from work, school, or other regular daily activities, of more than three (3) calendar days, that also involves continuing treatment by (or under the supervision of) a health care provide;
3. Continuing treatment by (or under the supervision of) a heath care provider for a chronic or long-term health condition that in incurable or so serious that if not treated, would likely result in a period of incapacity of more than three (3) calendar days; and for prenatal care.
4. Voluntary or cosmetic treatments (such as most treatments for orthodontia or acne) that are not medically necessary are not serious health conditions, unless inpatient hospital care is required. Restorative dental surgeries after an accident, providing all other conditions are met. Treatment for allergies or stress, or for substance abuse, is serious health conditions if all of the conditions of the regulation are met. Prenatal care in included as a serious health condition. Routine preventative physical examinations are excluded.
Son or Daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is (1) under 18 years of age or older or is (2) 18 years of age or older and incapable of self-care because of mental or physical disability.
Spouse means the husband or wife, as the case may be.

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Personal Leave

Eligibility:
All regular full-time University employees working a minimum 35 hours per week.

Who Pays:
Employee

Effective Date:
After one year of service.

Description:
Leaves of absence are to be considered as an exception. A personal leave of absence is authorized time off without pay or salary. After you have worked as a regular full-time employee for at least one year, a request for a personal leave of absence may be considered by the president and/or the Board of Trustees upon the recommendation of the department head and the appropriate vice president.

The department head or manager and the appropriate administrative officer may grant personal leaves of absence of up to one month for a staff member. Leaves of absence in excess of one month must be approved by the above and Human Resources Director.

Please complete this leave of absence application and submit it to the Human Resources Director.

The Director of Human Resources will verify your eligibility to approval, and administer the leave of absence once it has been approved. Plan to request a leave of absence only under very specific circumstances, and where possible four months before the leave is to begin.

University policies regarding a personal leave of absence are as follows:

Wages are not paid during the employees absence.
Holidays will not be paid that fall within this period.
Vacation and sick time will not accrue.
No other benefits or subsidies will be paid, or service credit accrue.
Health insurance may be continued at the employees cost for a maximum of one year (subject to approval by the insurance company) if arrangements are made with Human Resources Benefits Specialist in advance and payments are made according to the Policy.
The staff employees position will be kept available if possible. If the employees department is not able to keep the position available, efforts will be made to place the employee in a similar position but the University cannot guarantee the same duties or rate of pay.
Accrued vacation time must be used before a leave of absence begins.
Extensions of a leave of absence must be approved in writing prior to the expiration of the employees original leave. These will be granted in the same manner as the original leave. Failure to return after the expiration of the leave of absence subjects the employee to termination.

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Temporary Disability Leave

Eligibility:
All regular full-time University employees working a minimum 35 hours per week.

Who Pays:
Employee

Effective Date:
After one year of service.

Description:
The University policies regarding a personal leave of absence also pertain to a temporary disability leave of absence with the following exceptions:

A temporary disability leave may be granted for up to a total of six months (including six weeks of medical leave) absence from work.
1. The length of your temporary disability leave is determined by your years of denominational service. If you have had less than full-time service those years will be pro-rated.
2. Faculty and salaried employees are entitled to two weeks of paid sick leave per year. The maximum paid sick leave that may be taken within a calendar year is 180 days.
A temporary disability leave can only be granted by the president after counsel with the appropriate administrators and the vice president for academic administration.
Hourly employees are required to use their Long Term sick bank prior to taking a temporary disability leave of absence.
Prior to returning to work, the employee is required to present a physicians statement to the department head giving approval for returning to work.
As soon as an employee is aware that an anticipated temporary disability leave of absence is necessary, the University requires from the employees physician the recommended commencement and termination time for the leave.

Leave of Absence Request

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Medical Leave

Eligibility:
Faculty and Salaried Employees of the University.
AP, FP, SP on a pro-rated basis.

Who Pays:
University

Effective Date:
Upon Employment

Description:
Faculty and salaried personnel ordinarily remain on the payroll for up to six weeks within a given twelve month period for temporary absence from work due to their own illness, injury, hospitalization, pregnancy, etc. Arrangements for sick leave should be made with the department chair or supervisor.

Before returning to work, the faculty or salaried staff member may be required to submit a statement from his/her physicians stipulating any temporary restrictions or limitations which need to be placed on his/her work program.

If a deterioration in an employees work performance indicates that the change may be due to a physical or mental condition, perhaps requiring sick leave, the department chair or supervisor in counsel with the university administration, may counsel the employee to take sick leave and, if it seems advisable, may require a physicians and/or psychologists statement as appropriate to the employees ability to continue work.

(Working Policy 2:391)

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Disability Leave

Eligibility:
Faculty and Salaried Employees of the University.
AP, FP, SP on a pro-rated basis.

Who Pays:
University

Effective Date:
Upon employment.

Description:
A faculty member who is deemed by a physician to be medically or psychologically unfit to return to full-time employment after an absence from work of six weeks shall be granted a temporary disability leave for up to a total of six months absence from work. A temporary disability leave can only be granted by the president after counsel with the appropriate administrators and the vice president for academic administration. Should a faculty member still be disabled after six months he/she shall only at the vote of the Andrews University Board of Trustees be allowed to remain on the payroll for a specified time.

(Working Policy 2:392)

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