Family and Medical Leave Policy

PREAMBLE

Wittenberg University, related to the Evangelical Lutheran Church in America, seeks to manifest its Christian commitment and Lutheran heritage, encourages an environment of respect for all people, and recognizes the obligation to care for the well-being of members of the family.

The Family and Medical Leave Act of 1993 (FMLA) is a federal law intended to provide employees with extended unpaid* leave opportunities for childbirth, child care, and serious illnesses.

In many cases, Wittenberg's policies are more generous than those outlined by the FMLA. It is the University's intent to support fully faculty and staff in balancing the demands of family and work while maintaining minimal disruptions in the classroom and University operations during a family leave.

Much language and detail outlined in this policy is required by law.

The provisions of this policy shall not supersede any state or local law or already established University policies that provide greater employee leave benefits and rights than are offered in this policy.

GENERAL PROVISIONS

A. Covered Leave

Wittenberg will grant an eligible employee unpaid leave for up to 12 work weeks during a 12- month period, if the procedures in this policy are followed and leave is requested for any of the following reasons:

The birth or adoption of a child, or the foster care placement of a child;
The care of a seriously ill spouse, child, or parent (as defined herein); or
A serious health condition of the employee that renders the employee unable to perform job functions.

Employees are limited to a maximum of 12 weeks unpaid leave per 12-month period for any of these purposes. An employee cannot take 12 weeks FMLA leave because of the birth of a child and 12 weeks FMLA leave because of serious illness during the same 12-month period.

B. The 12-Month Period

In determining the “12 month period” in which the 12 weeks of leave entitlement occurs, the University will use a “rolling” 12 months measured backward from the current date that leave is requested.

* For provisions for paid leave see page V-1.

C. Spousal Exception

If a husband and wife both work for the University and are eligible for leave, they are together entitled to a total of 12 work weeks of FMLA leave during a 12-month period if the leave is taken for birth, placement for adoption, or foster care. This limitation does not apply to leave taken by either spouse to care for the other who is seriously ill and unable to work, to care for a child with a serious health condition, or for his or her own serious illness.

D. Bargaining Agreements

Some employees are covered by a collective bargaining agreement that may contain provisions different from this policy. In that case, the bargaining agreement then in effect for those employees will determine the terms and conditions of their employment.

E. Types of FMLA Leave

1. Medically Necessary

If the leave is medically necessary for an employee's illness or that of a family member, it may be taken:

in 12 consecutive weeks;
intermittently, such as taking a day periodically, when needed, over the 12- month period; or
under certain circumstances, by reducing the work week or work day, resulting in a reduced hour schedule.

However, to minimize disruption of the classroom, faculty may not take intermittent or reduced-schedule leave for planned medical treatment that would take them out of the classroom more than 20 percent of the time. There are also different rules for faculty who begin leave more than five weeks before the end of a term, less than five weeks before the end of a term, and less than three weeks before the end of a term which can require faculty to continue their leave until the end of the term. The faculty member must plan leave in consultation with the Provost. The Provost will make the final determination and has the option to require faculty either to take continuous leave for the entire treatment period or to transfer temporarily to another position with equivalent pay and benefits.

In all cases, FMLA leave may not exceed a total of 12 consecutive weeks.

2. Birth, Adoption, Foster Care

FMLA leave for the birth, adoption or foster care placement of a child is permitted to be taken in a 12-consecutive-week period. Entitlement to this leave expires 12 months after the birth or placement.

Requests for intermittent or reduced schedule (part-time) FMLA leave after the birth, adoption, or foster care placement of a child will be considered on a case-by-case basis. The request should be made, in writing, to the Human Resources Department and the Department Supervisor. Part-time arrangements or intermittent leave will be granted whenever possible as follows:

for a maximum of twelve months after birth, adoption, or foster care placement;
subject to the approval of the employee's supervisor and the supervisor's ability to ensure that work is completed through scheduling changes or job-sharing; and
subject to the employee's prior agreement to alter his/her schedule or work longer hours on an as needed basis during the 12 month period, such as when co-workers are out sick.

Wittenberg reserves the right to refuse leave, or to cancel any such arrangement on 30 days notice, if the university concludes that the employee's presence is required on a full-time basis to meet the essential functions of the position. 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, adoption, or foster care of a child.

Circumstances may require that FMLA leave begin before the actual date of birth of a child. An expectant mother may take FMLA leave before the birth of the child for prenatal care if her condition makes her unable to work. FMLA leave can begin before the actual placement or adoption of a child if an absence from work is required for the placement to proceed. The source of an adopted child (e.g., whether from a licensed placement agency or otherwise) is not a factor in determining eligibility for leave for this purpose.

3. Provisions Relating to Intermittent Leave.

To reduce disruption, in all cases of intermittent and reduced schedule leaves, including part-time work after the birth or adoption, Wittenberg reserves the right to require the employee to transfer to another position with equivalent pay and benefits even if it does not have equivalent responsibilities. This decision is at the sole discretion of Wittenberg University.

Wittenberg reserves the right to transfer an employee to another position whenever an employee's use of leave for one or more qualifying reasons is so frequent and intermittent that it is impossible to predict and schedule coverage.

DEFINITIONS

A. Spouse, Parent, Son or Daughter

Spouse means a husband or wife as defined or recognized under State law for purposes of marriage.
Parent means a biological parent or an individual who stands or stood in loco parentis, i.e., assumed day-to-day and financial responsibility for the employee when the employee was a child. This term does not include parent "in-law."
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 either under age 18 or age 18 or older and "incapable of self-care because of a mental or physical disability."

B. Serious Health Condition

"Serious health condition" is defined as an illness, injury, impairment, or physical or mental condition that involves:

any period of incapacity or treatment in connection with, or consequent to, in-patient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility
any period of incapacity requiring absence from work for more than three (3) consecutive calendar days and requiring treatment two (2) or more times by a health care provider
any period of incapacity requiring absence from work for more than three (3) consecutive calendar days and will require treatment one (1) time by a health care provider plus a regimen of continuing treatment
pregnancy or pre-natal care
any period of incapacity or treatment for a chronic condition extending over a significant period of time which involves periodic visits to a health care provider and may be episodic in nature
any period of incapacity due to a permanent or long-term condition for which treatment might not be effective
any condition requiring multiple treatments without which the employee would be unable to work for more than three (3) days or reconstructive surgery

The term "serious health condition" is not intended to cover short-term conditions for which treatment and recovery are very brief. Short-term conditions are provided for in the University's sick leave policy.

C. Health Care Provider

Health care providers who qualify to provide certification of a serious health condition for an employee or a family member include:

doctors of medicine or osteopathy authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; or,
podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct subluxation as demonstrated by X-ray to exist) authorized to practice in the State and performing within the scope of their practice under State law; or,
nurse practitioners and nurse-midwives authorized to practice under State law and performing within the scope of their practice as defined under State law; or,
Christi an Science practitioners listed with the First Church of Christ, Scientist, in Boston, Massachusetts.

ELIGIBILITY

A. Minimum Eligibility Requirements

An employee is eligible if the employee has been employed for at least 12 months (or 52 weeks) by the university and has worked at least 1,250 hours during the 12-month period prior to the time leave would begin under this policy. Wittenberg will make the determination at the time of the leave request.
Hours are calculated based upon actual hours that the employee worked, including overtime.

To determine eligibility, Wittenberg will use its personnel records of hours worked for all hourly employees. In the case of a salaried employee, employed full-time for seven and one-half months or less, the supervisor must provide written documentation that he/she meets the requirement of 1,250 hours. Salaried employees who have 12 months prior service, but less than seven and one-half months full-time continuous service at the time leave is requested, should include documentation of hours worked with their request.

B. Leave for Non-Serious Health Conditions

Employees who wish to take leave to care for family members with non-serious health conditions are not covered by this policy. Employees may use their vacation or personal leave for non-serious health conditions, subject to all restrictions in those policies, including scheduling and increments of leave. The granting of unpaid leave for non-serious health conditions is within the discretion of the employee's supervisor and the associate vice president for Human Resources.

PROCEDURES FOR REQUESTING FMLA LEAVE

A. Requests for FMLA Leave

1. Procedure

Except where FMLA leave is not foreseeable, all employees requesting leave under this policy must submit the request in writing to their immediate supervisor, with a copy to the Human Resources Department. Faculty are required to send a copy to the Provost. When an employee plans to take leave under this policy, the employee must give the university 30-days notice. If it is not possible to give 30-days notice, the employee must give as much notice as is practicable. An employee undergoing planned medical treatment is required to make a reasonable effort to schedule the treatment to minimize disruptions to the university's operations. Employees may be required by their supervisors to adjust their work hours to conform to the needs of the university and/or to reschedule appointments or treatments when necessary, if possible.

If an employee fails to provide 30-days notice for foreseeable leave with no reasonable excuse for the delay, the leave request may be denied until at least 30 days from the date the university receives notice.

While on FMLA medical leave, employees are requested to report weekly to the associate vice president for for human resources regarding the status of the medical condition, and their intent to return to work.

2. Unforeseeable FMLA Leaves

Employees must call to advise their supervisor(s) or the associate vice president for human resources as soon as they can after the need for FMLA leave arises, to give notice of their FMLA leave and its expected duration. Requests for leave must be submitted in writing as soon as possible after such notice is given. Supervisors must promptly report to the associate vice president of or human resources receipt of notice of an employee's FMLA leave.

B. Verification

1. Medical Certification

Proof of necessity for FMLA leave by a health care provider or other appropriate professional may be required. This includes certification from a health care provider when FMLA leave is requested to care for a family member. Employees must respond to such a request within 15 days of the request, or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.

2. Second Opinions

Wittenberg may require the employee to get a second opinion from an independent medical provider selected by the university. The university will pay for the second opinion. If the two opinions conflict, the conflict may be resolved by a third opinion by a provider agreed to by Wittenberg and the employee which shall be considered final and binding. The university will pay for the third opinion.

C. Confidentiality

FMLA leave information will be used only to make decisions in regard to the provisions of this policy. Supervisors must submit all records to the Human Resources Department and should not retain any copies in their files.

SUBSTITUTION OF SICK LEAVE, COMPENSATORY TIME AND VACATION TIME

A. Substitution Options

Employees may elect to substitute accrued, earned vacation or personal leave for any leave under this policy, but are not required to do so. In the case of an employee's illness or serious health condition (including childbirth), the employee is required to exhaust sick and/or disability leave before using vacation or personal leave. Employees can also use sick leave, as stipulated in the sick-leave policy, to care for the serious health condition of family members.

When determining whether types of leave other than FMLA leave have been accrued or earned, the university will apply the provisions of the respective policies, including any restrictions.

B. Salaried Employees

Salaried employees will have their pay docked only if they take leave in increments of one or more days, and if the total number of hours worked by the employee for that week is less than full time, as is certified by the employee's supervisor in writing to the associate vice president for human resources..

BENEFITS

A. Health Benefits

While an employee is on FMLA leave, Wittenberg will continue the employee's health benefits at the same level and under the same conditions as if the employee had continued to work. The employee is required to continue to pay the employee's 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 (i.e. bi-weekly) by tendering a check payable to Wittenberg University to the Human Resources Department. Pre-payment of premiums through increased payroll deductions or other methods is allowed. If the employee fails to make the required payments, the university will continue coverage and will make payments on behalf of the employee, provided there is written notification to the employee and he/she has given written agreement to repay the amounts advanced by the University.

Employees who return to work will meet with the associate vice president for human resources to work out an appropriate repayment schedule for any employee premiums or co-payments made by the university during FMLA leave.

B. Other Benefits

Other benefits normally provided to an employee will continue if permitted under the terms of the particular plan, and all of the plan’s requirements have been met.

C. Other Types of Leave

In accordance with existing employee policies on unpaid leave, employees will not earn vacation pay, sick leave, or personal leave while on unpaid FMLA leave. Employees on an intermittent or reduced-schedule leave will earn vacation or other leave at the same rate as part-time employees working similar schedules.

D. Seniority

Physical Plant Association employees shall not accrue any seniority during leave provided under this policy.

E. Extension of FMLA Leave

When employees notify the university that they are not returning from FMLA leave, the employee shall be entitled to continuation of health and other benefits only in accordance with the provisions of the benefit plans.

RETURN TO WORK

A. General

An employee taking leave under this policy will be returned to the employee's same position or equivalent position, with equivalent status, pay, benefits and other employment terms unless the employee would have been terminated whether or not leave had not been taken (e.g. layoff, downsizing, or termination of a temporary job). Taking of leave will not result in any loss of benefits or conditions of employment accrued prior to the beginning of the leave period.

B. Key Employee Exception

Wittenberg reserves the right not to reinstate key employees if it is necessary to prevent substantial and grievous economic injury to university operations. Key employees are those whose gross income is within the top 10 percent of university employees during the calendar year in which leave is taken. The university Human Resources Department is required to inform the employee of key employee status at the time that leave is requested and also to explain restoration may be denied.

If the university determines during the employee's leave that the employee is not to be restored to employment, the employee will be notified immediately and given the opportunity to return from leave and be restored to his or her position. A key employee who elects not to return to work will continue to receive 12 weeks of employer-provided health benefits. If the employee does not return from leave, the employee can petition for reinstatement at the end of the leave period and will be notified, by certified mail, if the employee will not be restored because doing so would cause the university substantial and grievous harm. If not restored to employment, the employee shall be responsible for paying the university the normal employee contribution for benefits provided while on FMLA leave.

FAILURE TO RETURN TO WORK

Upon receiving notice that the employee is not returning to employment with the university, or should the employee simply fail to return to employment at the end of FMLA leave, the employee shall owe the university the cost of any benefits provided by the university during leave unless the reason the employee does not return is because of a continuation, recurrence, or onset of a serious health condition which would entitle the employee to leave under the FMLA, or because of other circumstances beyond the employee’s control.

Examples of other circumstances beyond the employee's control include the following situations:

the unexpected transfer of an employee’s spouse to a job location more than 75 miles from Springfield;
the employee’s obligation to care for a relative or other individual other than an immediate family member;
the layoff of an employee while on leave; or
the decision of a key employee not to return to work after notification that the university will not restore the position because of substantial and grievous economic injury to the university.

Other circumstances beyond the employee's control would not include a situation in which an employee desires to remain with a parent in a distant city even though the parent no longer requires the employee's care, or a mother's decision not to return to work in order to stay home with a newborn child.

When an employee fails to return to work because of the continuation, recurrence, or onset of a serious health condition, the employee must submit medical certification of the employee's or the family member's serious health condition within 30 days of the date the employee was to return to work. If the employee does not provide such certification within 30 days of the date he or she was to return to work, the employee shall owe the cost of any benefits provided by the university during FMLA leave.

Employees who fail to return to work after FMLA leave shall be treated as having voluntarily terminated their employment. Employees who voluntarily terminate are not entitled to any severance pay or pay for any unused vacation, subject to state law. Thus, any vacation or other leave not substituted for FMLA leave will be forfeited.

If any employee does not return to work under circumstances where repayment is required the employee must repay all premiums within 60 days after receiving notice from the university of the amount owed. After that time, the amount owed will be collected as a debt, which may result in legal action.

ANY FEDERAL OR STATE DECISION, REGULATION, OR STATUTE THAT MODIFIES OR NEGATES THIS POLICY IN ANY WAY SHALL BE INCORPORATED BY REFERENCE.

NOTE: A COPY OF THE FAMILY AND MEDICAL LEAVE ACT OF 1993 FEDERAL REGULATIONS 825 IS AVAILABLE IN THE HUMAN RESOURCES DEPARTMENT FOR REVIEW BY FACULTY AND STAFF AND WILL BE USED TO FURTHER INTERPRET FMLA LAWS AS RELATED TO ALL SPECIFIC FMLA REQUEST