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12.1 Family and Medical Leaves
The Leave of Absence policy is available for those times when it is necessary for you to request time off for certain qualifying reasons.
- Military Related: Military Leave, FMLA Qualifying Exigency Leave, and FMLA Caregiver Leave
- Domestic Violence
- Professional Leave
- Sabbatical Leave: For eligible ADU Faculty
- Personal Leave
- Funeral/Bereavement Leave
Qualification for leave is dependent on (i) the reason for the requested leave, (ii) your length of service, and (iii) your hours worked for your facility or the organization.
To obtain a Leave of Absence
- Employees must complete a Leave of Absence Request Form.
- Medical: If applying for a medical leave, the employee’s Medical provider must complete the Certification for HealthCare Provider for Employees Serious Health Conditions for the employee or Certification for HealthCare Provider for Family Member Serious Health Conditions for an employee’s family member.
- Military: If applying for a Qualifying Exigency for Military leave of absence, please complete the WH-384. If applying for a leave due to Serious Injury or Illness of Service Member, please have the service member’s health care provider complete the WH-385.
- Other: For all other requests, please submit your Leave of Absence Request form.
- LOA Request form may be submitted by:
- Fax: (407) 303-0641
- Email: FH.LOA@flhosp.org
They will make a determination regarding your eligibility for leave of absence and notify you. The facility may also designate and place you on leave of absence, where appropriate, even if you have not requested such a leave of absence.
Employees may be eligible for either FMLA Leave or Medical Leave. For example, an employee who exhausts FMLA leave will not be eligible for additional time off under the Medical Leave policy. However, the employee may be eligible for additional time off under the Extended Leave policy (Section 1(c) of this policy).
The maximum duration of leaves of absence under this policy is:
- 26 weeks for all combined types of medical-related leave (FMLA, Medical and Extended Leave) during a “rolling” 12-month period; and
- 26 workweeks during a single 12-month period for military-related leaves to care for a covered servicemember who has incurred an injury or illness in the line of duty. This when combined with other types of FMLA-qualifying leave, may not exceed 26 weeks.
You are subject to dismissal from employment if you are not reinstated before expiration of your leave, except where (1) you request and are granted an extension of leave as a reasonable accommodation under the Americans with Disabilities Act (ADA) or other applicable laws, or (2) state law requires continuation of leave for your absence due to a job-related illness or injury.
If you have accrued vacation time at the time your leave commences,, you must use it during your FMLA Leave until it is exhausted, or workers’ compensation lost wage benefits if they are applicable.
Employees whose positions are eliminated due to reorganization, facility closure, reduction in force, or other business reasons during their leave of absence will be notified of this action and are subject to dismissal from employment. Employees whose positions are eliminated during a military leave of absence may be dismissed in accordance with applicable law.
An authorized leave does not constitute a break in service, but the time spent on unpaid leave will not be included as service credit, except where required by law.
Other Employment During Leave of Absence
This facility discourages, but does not prohibit you from continuing pre-existing secondary “moonlighting” employment while on an approved leave of absence. If you continue pre-existing secondary “moonlighting” employment during your leave of absence, you will not violate this policy if: (1) you notify your supervisor of the other employment upon commencement of your leave of absence; and (2) the secondary employment does not involve job duties which you are restricted from performing in your facility job position.
However, if you commence other employment (including self-employment) for personal gain while on any type of leave of absence, you are subject to the following conditions: (1) you must notify your supervisor prior to commencing the other employment; (2) you cannot engage in other employment that involves job duties that exceed any medical restrictions imposed by your health care provider and (3) you cannot commence or engage in other employment during your facility scheduled working hours.
If you engage in other employment while on leave of absence in violation of this policy, you are subject to termination from employment. These limitations do not apply to employees engaged in military service while on approved military leave.
Types of Leave and Eligibility
1. Medical-Related
(a) Family and Medical Leave Act (FMLA Leave)
To be eligible for leave under the Family and Medical Leave Act, you (i) must have been employed with this facility for at least 12 months (which do not have to be consecutive), (ii) must have worked at least 1,250 hours during the previous 12 months, and (iii) must be assigned to a qualifying location (50 or more employees within a 75-mile radius).
Eligible employees will be granted leaves of absence for up to 12 weeks within a “rolling” 12-month period for any of the following reasons:
· The birth of a son or daughter or to bond with a newborn or newly placed (adoption or foster care) son or daughter (newborn leave).
· To care for a family member (the employee’s spouse, son or daughter, parent, but not a parent-in-law) with a serious health condition (requires certification by a health care provider); or
· For a serious health condition that makes you unable to perform the functions of your position (requires certification by a health care provider).
For the purposes of this policy, “son or daughter” is limited to children under age 18. However, an adult child (age 18 or older) also qualifies as a “son or daughter” if he or she (i) has a mental or physical disability, as defined under the Americans With Disabilities Act, as amended; (ii) is incapable of self-care because of that disability; (iii) has a serious health condition; and (iv) is in need of care due to a serious health condition. FMLA military leaves have specific definitions of son or daughter that are unique to those provisions. (Please refer to Section 2(b) of this Policy.)
Eligible employees may take leave under the FMLA for any combination of these reasons, but the total of all combined leaves cannot exceed 12 weeks within the “rolling” 12-month period.
Spouses who are both employed by this facility are limited to a combined total of 12 weeks leave under the FMLA within the “rolling” 12-month period for the birth or placement of a son or daughter.
A newborn leave (for birth, placement, adoption or foster care of a child, or to care for a child after birth) must be taken in a continuous time period and may not be taken on an intermittent or reduced work schedule basis. A newborn leave must be completed within 12 months after the birth, adoption, or placement of the child.
You may take leave for a serious health condition of a family member or yourself in a continuous time period, in intermittent time periods (for example, a period of working followed by a period of absence) or through a reduced work schedule (such as cutting back on work hours). Leave for a serious health condition is permitted only for the period of the actual medically required absence.
Job-Related Injuries
Absences for job-related injuries or illnesses under workers’ compensation programs will be considered leave under the FMLA, provided that (i) you meet the eligibility requirements for FMLA and (ii) the injury or illness is a serious health condition. If you are on FMLA leave for a job-related illness or injury receiving workers’ compensation lost wage benefits under a workers’ compensation plan, you may be eligible to use accrued vacation time to supplement your workers’ compensation lost wage benefits (up to 100 percent of your regular weekly wages) if permitted by state law. Please contact Human Resources to request use of vacation time or other paid time off benefits to supplement workers’ compensation lost wage benefits.
Serious Health Condition
For the purpose of this policy, a “serious health condition” means an illness, injury, impairment, or physical/mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility, or continuing treatment by a healthcare provider as defined in the FMLA. Ordinarily, unless complications arise, the common cold, flu, earaches, upset stomach, ulcers, headaches (other than migraines), and routine dental or orthodontia problems are examples of conditions that DO NOT constitute a serious health condition and do not qualify for FMLA leave.
Required Notice of Leave
Foreseeable Leave:
Where a family or medical leave is foreseeable (including intermittent or reduced work schedule leaves), you are to provide this facility with 30 days prior notice of your leave. If you fail to give timely advance notice when the need for leave is foreseeable, this facility may delay your leave until 30 days after the notice is given. This 30-day notice requirement does not apply to qualifying exigency leave for a military servicemember. However, you must give this facility notice of your need for FMLA qualifying exigency leave as soon as practicable. If you give the facility less than 30 days’ advance notice of your need for foreseeable FMLA leave, you will be required to explain why it was not practicable for you to give 30 days’ notice.
Unforeseeable Leave:
If 30 days’ prior notice is not practicable because of unforeseen circumstances, then notice of the leave must be given as soon as “practicable.” This means that you must (i) give the facility notice on the same day you learn of the need for leave, or on the next business day, and (ii) give the facility notice in accordance with the facility’s call-in procedures for reporting an absence. The notice should include the reasons for the requested leave, the anticipated start date of the leave, and the anticipated duration of the leave.
Reporting Your Absence to the Facility
You must comply with the facility’s usual procedures and time requirements for calling in absences and requesting leave. If you fail to follow the facility’s established call-in procedures (absent unusual circumstances) or timely notify the facility regarding your absence, your FMLA leave may be delayed or denied by the facility. If your FMLA leave is denied or delayed, your absence may be unprotected and treated as unexcused (“no call-no show”).
Designation of FMLA Leave
After the facility receives your request for a leave of absence, the facility will notify you in writing or electronically whether you meet the eligibility requirements for leave under the FMLA; provide you with information regarding your FMLA rights and responsibilities; and identify and provide you with any certification required to support your request for leave. You are obligated to provide any required certification to the facility within 15 days. Once the facility receives a complete and sufficient certification from you, the facility will notify you whether your absence will be designated as FMLA leave. If your absence is designated as FMLA leave, the facility will inform you of the amount of leave, effective from your first day of absence, that will be counted against your FMLA leave entitlement.
Reassignment During Leave
If leave is taken on an intermittent basis or reduced work schedule for foreseeable and planned medical treatment because of a family member’s or your own serious health condition, this facility may transfer you during the leave to an alternative position with equal pay and benefits which better accommodates the intermittent or recurring leave schedule.
Scheduling of Medical Appointments
If the leave is foreseeable and for planned medical treatment because of a family member’s or your own serious health condition, you must make a reasonable effort to schedule the medical treatments so as not to disrupt facility operations.
Certifications
(A) Initial Certifications
If you request or are placed on leave because of a family member’s or your own serious health condition, you must provide a complete and sufficient medical certification from a healthcare provider.
1. Certification of Health Care Provider - Employee’s Serious Health Condition
2. Certification of Health Care Provider - Family Member’s Serious Health Condition
When the need for leave is foreseeable and 30-calendar day notice has been provided to this facility, you must fill in and return a complete and sufficient medical certification before the leave begins. When the need for leave is unforeseeable, a complete and sufficient certification must be returned to this facility within 15 calendar days of first day of absence. The employee’s healthcare provider must designate the essential job functions which the employee cannot perform as a result of the employee’s own serious health condition.
If your certification is incomplete or insufficient, you will be notified in writing of the deficiencies and given 7 days to submit a complete and sufficient certification. If certification deficiencies are not corrected, your FMLA leave may be denied, your absence considered unexcused, and you would be subject to disciplinary action, up to and including termination.
If you fail to return the completed certification within 15 days, this facility will not consider your absence to be FMLA leave, and you will be subject to disciplinary action, up to and including termination, for an unexcused absence.
If this facility has reason to doubt the validity of the medical certification, it may require (at the facility’s expense) that you obtain a second opinion from a healthcare provider designated by the facility. If there is a conflict between the first and second opinions, this facility may also require (at its expense) a third opinion by a healthcare provider designated jointly by this facility and you. The opinion rendered by the third healthcare provider is final.
(B) Recertification During the Leave
You are also required to provide healthcare provider recertification at your expense. Recertification may be required every 30 calendar days or the minimum period that your treating healthcare provider(s) set for your incapacity or treatment, whichever is greater. If your period of incapacity is for more than 6 months or an indefinite period, you will be required to submit a recertification every 6 months. This facility may also require recertification when: (1) you request an extension of leave; (2) the circumstances set out in the original medical certification change significantly; or (3) if this facility receives information that casts doubt on the continuing validity of the medical certification.
If the recertification is not submitted to Human Resources within 15 calendar days of the request, or as soon as practicable, the facility may deny FMLA leave protection until the recertification is considered submitted. If you fail to provide the required recertification, your absence will not be protected FMLA leave and you will be subject to disciplinary action, up to and including termination, for an unexcused absence.
You are required to periodically report to this facility (every 30 calendar days) regarding your intent to return to work upon completion of the leave. If you give unequivocal notice that you do not intend to return to work, your leave, entitlement to reinstatement, medical benefits, and employment with this facility are subject to termination.
(C) Return to Work Certification (Medical Clearance)
Prior to reinstatement from leave, you must submit a written certification from your treating health care provider(s) that you have been released to return to work and are able to perform the essential functions of your job, with or without reasonable accommodation. Your health care provider(s) must designate the essential job functions, if any, which you cannot perform at the time you request reinstatement. You will not be reinstated until the certification is received by the facility.
Benefits During Leave
(A) Employee Healthcare Plan
While you are using accrued vacation time, you must continue participating in the Employee Healthcare Plan and premiums will be deducted from your vacation pay used during the leave. You will be responsible for making the premium payments once you have exhausted your pay from vacation time. If you fail to pay your premiums within 30 days of a payment due date, your coverage will end as of the date on which the premium payment was due, and your coverage will be reinstated only upon return to work before exhaustion of your FMLA leave.
The outstanding premium for the 30 days of coverage received will be deducted automatically once you have returned to work from your FMLA leave.
(B) Paid Leave
If you have accrued vacation time at the time your leave commences, you must use it during your FMLA leave (in accordance with the use policies of AHS and this facility) until the vacation time is exhausted. The remainder of your FMLA leave would be unpaid. If you are receiviing (i) STD benefits, or (ii) lost wage benefits under a workers’ compensation program for a job-related injury/illness, you may use accrued vacation time to supplement your STD or workers’ compensation benefits (up to one hundred percent of your regular weekly wages) if state law permits. Please contact human Resources to request use of vacation time to supplement your STD or workers’ compensation lost wage beneftis. The use of vacation time and STD benefits will not extend the duration of your FMLA leave. You may not receive more than one hundred percent of your regular weekly compensation through the use of any combination of paid benefits relating to your employment.
(C) Unpaid Leave
You will not accrue service credit or employment benefits during the unpaid portion of an FMLA leave. During the unpaid portion of an FMLA leave, you may:
Option 1: Continue participating in the Employee Healthcare Plan, by paying your portion of the premium. You should coordinate the method of premium payment with Human Resources when you commence unpaid FMLA leave; or
Option 2: Revoke coverage; or
Option 3: Cease paying your portion of the medical plan premium, which will result in cancellation of coverage.
Reinstatement from FMLA Leave
If you are medically released (full or partial) by your health care provider, you must notify the FH Human Resources/LOA Coordinator by the next working day after your release. Prior to reinstatement from FMLA leave, you must provide this facility with a written return-to-work/medical clearance certification from your health care provider(s) confirming your release for work and ability to perform the essential functions of your job (with or without reasonable accommodation). Your health care provider(s) must designate the essential job functions, if any, which you cannot perform at the time you request reinstatement. If you fail to timely report to this facility after being released by your health care provider, you will be subject to dismissal.
This facility will reinstate you from FMLA leave to your former position, provided you seek reinstatement before the expiration of 12 cumulative weeks of leave, have certification to perform the essential duties of the position (with or without reasonable accommodation), and the former position still exists.
If you refuse an offer of reinstatement to your former or equivalent position, this is treated as voluntary resignation of employment.
If you do not request reinstatement and do not return to work on or before the expiration of your FMLA leave, you will be dismissed from employment unless (i) you have requested and have been granted an extended leave under Section 1(d) of this policy or (ii) state law requires continuation of your leave if you are absent due to a job-related illness or injury. If you are dismissed under this policy, you are eligible to reapply for future employment by submitting an application to this facility.
(b) Medical Leave of Absence (Non-FMLA)
If you do not qualify for FMLA leave, you may apply for or be placed on a medical leave of absence for treatment of an on-the-job or off-the-job injury or serious health condition. You will be eligible for medical leave after completing the introductory period, except for on-the-job injuries, for which medical leave can begin immediately.
Medical leave is limited to a maximum of 12 weeks within a “rolling” 12-month period. Medical leave must be taken in a continuous time period and may not be taken in intermittent periods or on a reduced work schedule except where medically necessary for absences due to a job-related injury or illness.
Medical Certifications
You must provide an initial medical certification from your healthcare provider under the procedures required for FMLA leave (Section 1(a) of this policy). This facility may request a second and third opinion (at its expense) following receipt of the initial medical certification. You must provide recertification during your medical leave under the circumstances required for FMLA leave. Prior to reinstatement from medical leave, you must provide this facility with a written return-to-work certification (medical clearance) from your treating health care provider(s) confirming your release for work and ability to perform your job functions (with or without reasonable accommodation). Your health care provider(s) must designate the job functions, if any, which you cannot perform at the time you request reinstatement. You will not be reinstated until the certification is received by this facility.
Reinstatement from Medical Leave
If you are medically released (full or partial), you must notify theFH Human Resources/LOA Coordinator by the next working day after your release. Your reinstatement to work from a medical leave is subject to this facility’s personnel requirements at the time you seek reinstatement and can resume work. You are not guaranteed reinstatement to work or placement in your former or alternate positions or work schedules. If you do not request reinstatement and return to work before expiration of your medical leave, you will be dismissed from employment unless (i) you have applied for and been granted extended leave under Section 1(c) of this policy or (ii) state law requires continuation of the leave if you are absent due to a job-related illness or injury.
You will be reinstated to your existing former position or work shift, if available, provided you submit a return-to-work certification (medical clearance) completed by your healthcare provider and can perform your job functions (with or without reasonable accommodation) if the former position is still available. If your former position is not available or you cannot perform your job functions, this facility will consider you, along with other qualified candidates (internal and external), for available positions for which, in this facility’s opinion, you are qualified. The most qualified candidate will be selected for the position. If you accept an alternate position offered by this facility, you will be subject to the pay, benefits, and work schedule for that position.
If no positions are available for which you are qualified, or you are not selected for an alternate position or refuse the first position offered by this facility, you will be dismissed from employment unless state law requires continuation of the leave if you are absent due to a job-related illness or injury. If you are dismissed under this policy, you are eligible to apply for future employment by submitting an application to this facility.
Benefits During Medical Leave
If you have Short Term Disability (STD) benefits or accrued vacation time at the time medical leave commences, you must use these benefits during your medical leave in accordance with this facility’s policies until exhausted. The remainder of your medical leave would be unpaid. The use of these paid benefits will not extend the duration of your medical leave. You may not receive more than one hundred percent of your regular weekly compensation through the use of any combination of paid time off benefits relating to your employment.
You will not accrue service credit or benefits during the unpaid portion of a medical leave. During your medical leave, coverage under the Employee Healthcare Plan will remain in effect if the employee portion of the premium (determined by your facility) is paid in a timely manner. Premiums may be paid either through payroll deduction from vacation pay or through other arrangements approved by Human Resources. If you fail to pay any Employee Healthcare Plan premium during your medical leave, you will be dropped from coverage as of the date on which the premium was due, and may be required to re-qualify for health coverage if you are reinstated to employment.
(c) Extended Leave
You may qualify for up to a maximum of 14 weeks of extended leave during a “rolling” 12-month period for treatment of your own serious health condition, whether occurring on-the-job or off-the-job, after exhausting FMLA or medical leave (Non-FMLA). To qualify for extended leave, you must (i) exhaust your FMLA or medical leave (Non-FMLA) and (ii) apply for extended leave through the FH Human Resources LOA Department. If you are already absent on another medical-related leave, your request for extended leave must be received by the facility at least two weeks before expiration of the leave.
Extended leave must be taken in a continuous time period and may not be taken in intermittent periods or on a reduced work schedule.
You may combine leave under the FMLA, Medical Leave (Non-FMLA), and Extended Leave policies for a maximum of 26 weeks of absence within a “rolling” 12-month period. This leave limitation may require an adjustment in the amount of extended leave available if you have taken both FMLA and non-FMLA leaves within the “rolling” 12-month period. The total for all combined leaves may not exceed 26 weeks within a “rolling” 12-month period unless (i) you apply for and are granted an extension of leave under the ADA (see Section 1(d) of this policy), or (ii) state law requires continuation of the leave if you are absent due to a job-related illness or injury.
Medical Certifications
You must provide an initial medical certification from your healthcare provider under the procedures required for FMLA leave (Section 1(a) of this policy). This facility may request second and third opinions (at its expense) following receipt of the initial medical certification. You must provide recertification during your medical leave under the circumstances required for FMLA leave. Prior to reinstatement from medical leave, you must provide this facility with a written return-to-work certification (medical clearance) from your treating health care provider(s) confirming your release for work and ability to perform your job functions (with or without reasonable accommodation). Your health care provider(s) must designate the job functions, if any, which you cannot perform at the time you request reinstatement. You will not be reinstated until the certification is received by this facility.
Benefits During Extended Leave
If you have STD benefits or accrued vacation time when your extended leave commences, you must use these benefits during the extended leave in accordance with AHS and facility policies until exhausted. The remainder of the extended leave would be unpaid. The availability of paid time off benefits will not extend the duration of an extended leave. You may not receive more than one hundred percent of your regular weekly compensation through the use of any combination of paid time-off benefits relating to your employment.
You will not accrue service credit or employment benefits during the unpaid portion of an extended leave. Coverage under the Employee Healthcare Plan will remain in effect if you timely pay the employee portion of the premium (determined by your facility) during your extended leave. Premiums may be paid either through payroll deduction from vacation pay or through other arrangements approved by Human Resources. If you fail to pay any Employee Healthcare Plan premium during your extended leave, you will be dropped from coverage as of the date on which the premium was due, and may be required to re-qualify for health coverage if reinstated.
Reinstatement from Extended Leave
Reinstatement from extended leave will be handled under the terms that apply to medical leaves (Section 1(b) of this policy). You are not guaranteed reinstatement to work or placement in your former or alternate positions. If you are not reinstated on or before the expiration of your extended sick leave, you will be dismissed from employment unless (i) you request and are granted an extension of leave as a reasonable accommodation under the ADA or other applicable laws, or (ii) state law requires continuation of the leave if you are absent due to a job-related illness or injury. If you are dismissed under this policy, you are eligible to apply for future employment by submitting an application to this facility.
If you have questions regarding eligibility for leaves of absence or the procedures that apply to a leave, you should speak with the Human Resources department.
(d) Extension of Leave as a Reasonable Accommodation Under the ADA
If you exhaust your extended leave but need additional time off in order to return to work, you may qualify for a reasonable extension of your leave under the ADA or other applicable laws. To qualify for a reasonable extension of leave under the ADA, you must: (1) request the extension prior to exhaustion of your pending leave; and (2) provide the Human Resources department with a written statement from your treating health care provider(s) confirming that:
(i) You have a physical or medical impairment that substantially limits a major life activity; and
(ii) A supplemental leave for a specified duration will allow you to return to work and perform the essential function of your job in the near future.
In addition, there must be no other reasonable accommodation that would allow you to return to work and perform the essential functions of your job upon exhaustion of extended leave.
This facility will evaluate timely requests submitted by employees on an individualized basis and grant reasonable extensions of leave in compliance with the ADA and other applicable laws.
2. Military-Related
(a) FMLA Qualifying Exigency Leave
If you are eligible for FMLA leave, you may request or be placed on FMLA military servicemember leave if (i) your spouse, son, daughter, or parent is on “covered active duty” and (ii) your absence from work is for a “qualifying exigency” related to your family member’s military service.
For the purposes of FMLA military-related leaves, “son or daughter” means the employee’s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, who is on covered active duty, regardless of the individual’s age.
“Covered active duty” means (a) in the case of a servicemember in the regular Armed Forces, duty during the deployment of the Armed Forces member to a foreign country; or (b) in the case of a servicemember in the reserve component of the Armed Forces (Army National Guard, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard, Air Force Reserve, and Coast Guard Reserve), duty during deployment of the Armed Forces member to a foreign country under a call or order to covered active duty.
A “qualifying exigency” means:
(1) Short-notice deployment: Leave needed to address issues arising from your family member’s notification of an impending call or order to covered active duty 7 or fewer calendar days prior to the date of deployment leave taken for this purpose can be used for a period of 7 calendar days beginning on the date of the military member’s notification.
(2) Military events and related activities: Leave needed to attend official ceremonies, programs, or events sponsored by the military related to the covered active duty or call to covered active duty status of your family member; and to attend family support or assistance programs and informational briefings sponsored or promoted by the military, military service organizations, or the American Red Cross that are related to the covered active duty or call to covered active duty status of your family member.
(3) Childcare and school activities: Leave needed to arrange for alternative childcare; to provide childcare on an urgent, immediate need basis (but not on a routine, regular, or everyday basis); to enroll a child in or transfer a child to a new school or day care facility; and to attend meetings with staff at a school or a daycare facility when such meetings are necessary.
(4) Financial and legal arrangements: Leave needed to make or update financial or legal arrangements to address your family member’s absence and to act as your family member’s representative before a federal, state, or local agency for purposes of obtaining, arranging, or appealing military service benefits while the military member is on covered active duty or call to covered active duty status, and for 90 days following the termination of the military member’s covered active duty status.
(5) Counseling: Leave needed to attend counseling provided by someone other than a health care provider for you, your family member, and/or your family member’s child, provided that the need for counseling arises from the covered active duty or call to covered active duty status.
(6) Rest and recuperation: Leave needed to spend time with your family member who is on short-term, temporary rest and recuperation leave during the period of deployment-up to fifteen days of leave may be taken for each instance.
(7) Post-deployment activities: Leave needed to attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military within 90 days following the termination of your family member’s covered active duty status; or to address issues arising from the death of a family member while on covered active duty status.
(8) Additional activities: Leave needed to address other events arising out of your family member’s covered active duty or call to covered active duty status, provided that you and the facility agree that the leave will qualify as an exigency and agree to both the timing and duration of the leave.
FMLA leave for a “qualifying exigency” may be taken for up to 12 workweeks within a “rolling” 12-month period in a continuous time period, or in intermittent time periods or through a reduced work schedule.
The 30-day notice requirement for medical-related leaves does not apply to qualifying exigency leave for a military servicemember. However, you must give this facility notice of your need for FMLA qualifying exigency leave as soon as practicable.
The same rules that apply to FMLA leave also apply to qualifying exigency leaves. You are required to complete the WH-384, Certification of Qualifying Exigency for Miltiray Leave form within 15 days of requesting a qualifying exigency leave. In addition, the first time you request a qualifying exigency leave, you will be required to provide a copy of the military member’s covered active duty orders, or documentation of the call to covered active duty, and the dates of covered active duty service.
(b) FMLA Caregiver Leave
If you are eligible for FMLA leave, you may request or be placed on FMLA military servicemember leave to care for your spouse, son, daughter, parent, or next of kin who is a “covered servicemember” and has incurred an injury or illness in the line of duty while on covered active duty in the Armed Forces.
For the purposes of FMLA caregiver leaves, “son or daughter of a covered servicemember” means the servicemember’s biological, adopted, or foster child, stepchild, or legal ward, or a child (regardless of age) for whom the servicemember stood in loco parentis.
A “covered servicemember” means: (i) a member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or illness; or (ii) covered veterans who are undergoing medical treatment, recuperation or therapy for a serious injury or illness and who were members of the Armed Forces (including a member of the National Guard or Reserves) at any time during the five years preceding the date on which the veteran undergoes the medical treatment, recuperation or therapy. The medical treatment, recuperation or therapy must be related to a serious injury or illness (i) which was incurred while in the line of duty on active duty in the Armed Forces or (ii) which existed before the beginning of military service, and which was aggravated by service in the line of duty while on active duty.
In the case of a member of the Armed Forces (including a member of the National Guard or Reserves), a “serious health condition” means an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.
In the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves), a “serious health condition” means an injury or illness that was incurred or aggravated by the member in the line of duty on active duty in the Armed Forces and manifested itself before or after the member became a veteran, and is: (1) the continuation of a serious injury or illness that was incurred or aggravated when the veteran was a member of the Armed Forces and which rendered the servicemember unable to perform the duties of the servicemember’s office, grade, rank, or rating; (2) A physical or mental condition for which the veteran has received a VA Service Related Disability Rating (VASRD) of 50 percent or greater and such VASRD rating is based, in whole or in part, on the condition precipitating the need for caregiver leave; (3) A physical or mental condition that substantially impairs the veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service or would do so absent treatment; or (4) An injury, including a psychological injury, for which the veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.
FMLA leave to care for a “covered servicemember” who has incurred an injury or illness in the line of duty may be taken for up to 26 workweeks during a 12-month period in a continuous time period, or in intermittent time periods or through a reduced work schedule.
The “single 12 month period” for leave to care for a covered servicemember with a serious injury or illness begins on the first day you take leave for this reason and ends 12 months later.
FMLA leave to care for an injured or ill servicemember, when combined with other types of FMLA-qualifying leave, may not exceed 26 workweeks during the single 12-month period. The amount of leave for which you are eligible may be reduced if you have taken other FMLA leave during the 12 month period. For example, if you take 10 weeks of FMLA leave for your own serious health condition, you could still be able to take up to 16 weeks of FMLA leave left to care for a covered servicemember.
If leave is taken on an intermittent basis or reduced work schedule to care for a military servicemember, the facility may transfer you during the leave to an alternative position with equal pay and benefits which better accommodates the intermittent or recurring leave schedule.
The same rules that apply to other FMLA leaves also apply to military caregiver leaves under the FMLA. You are required to complete the required certification applicable to this type of leave within 15 days of requesting caregiver leave.
(c) Employee Military Leave
This facility will grant military leaves of absence without pay for duty in the U.S. uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) and other applicable federal, state, and local laws. Employees requesting military leave should provide the facility with a copy of their military duty orders as soon as practicable. Employees should give the facility advance notice of upcoming military service, unless military necessity prevents advance notice, or it is otherwise impossible or unreasonable. The military leave will be unpaid. However, the employee may use accrued vacation time during the absence.
During military leave, you may have certain rights to continue participation in the Employee Healthcare Plan as provided by law.
If you are on military leave for up to 30 days, you must return to work on the first regularly scheduled work period after service ends (allowing for reasonable travel time). If you are on military leave beyond 30 days, you must apply for reinstatement in accordance with USERRA and all applicable state laws.
When you return from military leave (depending on the length of military service under USERRA), you will be placed either in the position you would have attained if you had remained continuously employed or in a comparable position. For the purpose of determining benefits that are based on length of service, you will be treated as if you had been continuously employed.
12.2 Domestic Violence Leave
Faculty must complete three months of employment to be eligible for a domestic violence leave. Employee will be granted up to three days of leave during a rolling twelve month period for the following activities:
- Seeking an injunction for protection against domestic violence or repeat violence, or sexual violence.
- Obtaining medical care or mental health counseling or both for the employee or a family or household member to address injuries resulting from domestic violence.
- Obtaining services from victims services organizations such as a domestic violence shelter or rape crisis center.
- Making the employee’s home secure from the perpetrator of domestic violence or finding a new home to escape the perpetrator.
- Seeking legal assistance to address issues arising from domestic violence, attending or preparing for court related proceedings arising from the act of domestic violence.
Faculty will reinstate the employee to their former position at the expiration of their leave. If additional time is requested, cases will be evaluated on an individual bases to determine if the faculty member qualifies for a Personal Leave.
12.3 Professional Leave
Faculty may wish to return to full-time practice in their profession in order to renew their skills and/or update their professional practice. Requests for leave from teaching responsibilities must be made to the Provost well in advance of the desired experience and will be granted only when it is deemed in the best interest of the faculty, students, and the University. Generally, no salary or expense considerations will be made when such requests are granted. A specified length of time must be part of the request.
12.4 Sabbatical Leave
ADU Administration recognizes the need for faculty to participate in scholarly activities. They need to have the time for research, publication, and presentations. Sabbatical leaves allow faculty concentrated time to engage in these activities.
Criteria
Qualifications
Full-time assistant-, associate- or professor-level faculty who have completed six years of fulltime employment as a faculty member at ADU, and who are already engaged in scholarly activities which will be continued or completed during the sabbatical leave are eligible.
Length of Sabbatical
One trimester of full-time sabbatical, or two trimesters of half-time sabbatical with half-time campus assignments.
Purpose of Sabbatical
The pursuit of scholarly activities, such as research, publication, and presentation. These activities must show benefit to both the faculty member and the University. They must be activities for which the faculty member has been adequately prepared.
Pay/Benefits for Sabbatical
Full-time pay and benefits for either sabbatical length. Funds for the leave must be included in the approved departmental budget for the year in which the sabbatical is taken.
Limits
The number of faculty who may be approved for a sabbatical will not exceed the percent of the fulltime faculty as determined by administration for the given school year. Approval by an academic department will also be based upon the ability of the Department to find adequate teaching coverage. Three sabbatical applications per year will be approved for the University. Two sabbatical applications per department per year will be approved, unless there are no applications from other departments.
Procedure
Application
The faculty member must submit a Sabbatical Leave Application form and a Letter of Intent to the Office of Academic Administration. The Sabbatical Leave Application form must be submitted by August 1, and the Letter of Intent by September 30, of the academic year prior to the sabbatical leave.
The letter of intent must include an outline of the proposed scope of activities during the sabbatical including: a draft research proposal, travel plans, a list of collaborators, if any, and any other information that supports the proposed sabbatical leave activity. Final approval for granting sabbatical will be given by February 1st of the academic year prior to the leave. (See Appendix L - Sabbatical Leave Application .)
Approval
Sabbatical leave requests must be submitted to the Sabbatical Leave Committee composed of faculty with academic rank and chaired by the Provost. This committee will make its recommendations to the University President for final approval.
Report
Within a year after the sabbatical has been completed, the faculty member must demonstrate accomplishments of his or her sabbatical work either by an oral presentation to the University faculty and the submission of evidence of publication of his or her work.
Return
Intent to Return
The faculty member must agree in writing to return to ADU following the sabbatical leave.
Length of Stay
The faculty member must be fully employed at ADU for one academic year following the completion of the sabbatical leave or he/she must fully repay the cost of the leave to the University.
Repayment of Leave Costs
The cost of the sabbatical leave must be repaid if the following conditions occur:
- The faculty member fails to complete the sabbatical leave requirements.
- The faculty member does not complete a full year of full-time employment at ADU after the Sabbatical.
- The faculty member is terminated by the University.
Service Record
Time spent on sabbatical leave will count as full-time service to the institution. It will have no negative impact on promotion or retirement vesting.
12.5 Attendance at Professional Meetings
Faculty members are encouraged to actively participate in professional associations and societies. Each year, as part of the budget approval process, the departmental budget will provide reimbursement for faculty to do so. Faculty will submit for approval a travel authorization form with all estimated expenses to their department heads prior to the event. Approved travel will be reimbursed after the expenses have been incurred and only subsequent to filing an expense report with appropriate documentation.
No reimbursement shall be made under these provisions for activities at professional meetings and conventions which take place during the hours of the Sabbath.
12.6 Personal Leave
Employees must complete one year of continuous, uninterrupted, employment to be eligible for a personal leave of absence. If your position is eliminated due to reorganization, facility closure, reduction in force, or other business reasons during your personal leave, you will be notified of this action and are subject to dismissal from employment.
Occasionally, situations may arise in which an employee needs to take time off for serious personal matters. Reasons for personal leave may be granted for the following reasons, including but not limited to, the death of a family member or close friend or for other serious unexpected situations that would preclude working as scheduled.
Employees in good standing may apply for a personal leave granted in 30-day increments up to a maximum period of 90 days in a “rolling” 12-month period with department Director pre-approval every 30 days. We reserve the right to ask for documentation or certification of reason for request.
You are not guaranteed reinstatement from personal leave. However Adventist University or Human Resources will attempt to reinstate you to your former position or an alternate position for which you are qualified before the expiration of your leave. If you do not request reinstatement before expiration of your personal leave, or if no positions are available, or you reject the first position offered by the University, you will be dismissed from employment. If you are dismissed under this policy, you are eligible to apply for future employment.
All benefits will be discontinued during a leave. Coverage under the Employee Health Care Plan may be continued if the employee pays the full premium. Proper arrangements regarding premiums must be made with Benefits Service Center prior to the leave of absence. If you fail to pay any Employee Healthcare Plan premium during your personal leave, you will be dropped from coverage as of the date on which the premium was due, and you may be required to re-qualify for health coverage if you are reinstated to employment.
12.7 Funeral/Bereavement Leave
A period of bereavement time may be arranged for those who have experienced the recent loss of a spouse, father, mother, child, or, in some cases, other significant family members. Typically, such arrangements will take into consideration the impact of such a leave upon the employee’s responsibilities and the University as a whole. According to distance and circumstance, regular full-time faculty who lose a member of their immediate family in death may be granted leave with pay. Up to three days will be allowed when a funeral is held at a distance of less than 300 miles, one way; or up to five days when a funeral is held at a distance of more than 300 miles, one way.
“Immediate family” includes husband, wife, children, father, mother, brother, sister, grandparents, grandchildren, father-in-law, mother-in-law, brother-in-law, sister-in-law, daughter-in-law, and son-in-law.
Request for funeral/bereavement leave by members of the Administration is submitted to the President. Requests by faculty are submitted to the Provost. The employee must provide appropriate documentation (obituary notice, death certificate, etc.) to Human Resources as soon as practical. The documentation will be filed in the employee’s personnel file. No provision is made to cover travel costs associated with a funeral leave. (See the Student Handbook for guidelines pertaining to student bereavement leave.)
12.8 Student Bereavement Guidelines
Students are allowed to consider time off for bereavement as excused if the death was an immediate family member (spouse, parent, sibling, child, or grandparent). Other family members such as aunts, uncles, and cousins are usually not in this category unless they were part of the immediate family. In general five school days are given that are not counted against attendance. Additional time must be requested by the student and agreed to by the instructor. Verification must be provided at the time of the student’s return to class. All coursework needs to be made up within a timeframe agreed upon with the course instructor.
12.9 Jury Duty
Employees who are called to serve on jury duty will notify their Department Chair so that arrangements may be made to cover their responsibilities.
Employees may retain the standard jury fee even though they are paid their regular, full salary by ADU.
12.10 Voting
Reasonable leave time will be permitted to vote in local, state, and federal elections if, due to work schedule and commuting distance, it is impossible or very inconvenient for the employee to vote either before or after working hours. Arrangements should be made with the appropriate Department Chair or Supervisor.
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