Southern Adventist University follows the federal Family and Medical Leave Act (FMLA) which outlines certain conditions under which an employee may request time off with or without pay for a limited period, with job and accrued benefit protection.
Definition: A leave of absence under FMLA is an approved absence of an eligible employee for up to either twelve or twenty-six seeks depending on the FMLA qualifying reason for leave, and within a twelve-month period.
Eligible Employee: An employee is eligible for FMLA leave if he or she has been employed by the university at least 12 months (but not necessarily consecutive) and has worked at least 1250 hours during the 12-month period immediately preceding the commencement of FMLA.
Quantity and permissible reasons for FMLA leave: Up to 12 workweeks (480 hours) of FMLA leave may be taken by an employee for the following reasons:
When an employee is unable to perform the functions of his/her position because of a serious health condition.
Because of “any qualifying exigency” arising out of the fact that a covered military service member, (spouse, son, daughter, or parent) serving in the National Guard and Reserves, is on active duty, or called to active duty status in support of a contingency operation.
“Qualifying Exigencies” generally include:
In addition, up to 26 workweeks (1040 hours) of FMLA leave may be taken for the following reasons:
Measurement Period: The 12- month period for FMLA leave eligibility is measured by looking back 12 months from the date on which the FMLA leave is scheduled to begin.
Paid and Unpaid Leave: Any paid leave provided by the university, including vacation/holiday leave and sick time, must be used concurrently with FMLA leave until exhausted. Any remaining leave (after exhaustion of all available paid leave) will be unpaid.
Duration of Leave: Leave under FMLA may be taken as a continuous block/period or may be taken as intermittent or reduces work schedule leaves.
Spouses Employed by the University: where both spouses are employed by the university- the leave for birth or care for a newborn child is for a combined total of 12 weeks for both employees during the 12-month period.
During a single 12-month period, an eligible employee is entitled to a combined total of 26 workweeks of leave for the birth or placement of a child with the employee for adoption or foster care, to care for a family member with serious health condition, for the employee’s own serious health condition, or for any qualifying exigency related to active duty, and to care for a covered service member. This does not limit the availability of FMLA leave during any other 12-month period.
A husband and wife both working for the university and who request family, qualifying exigency, military caregiver or medical leave for the same qualifying event are entitled to a combined total of 26 workweeks during a single 12-month period if leave is taken to care for a covered service member, or a combination of service member family leave with any other FMLA-qualifying leave.
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 may take intermittent or reduced work schedule leave 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 for the duration of the leave.
Where an employee takes an intermittent or reduced leave for an immediate family member or because of the employee’s own serious health condition based upon foreseeable planned medical treatment, the employee is required to make a reasonable effort to schedule treatment so as not to unduly disrupt the operations of the university.
Application for Leave and Notice: The employee is expected to apply to the Human Resources Department for leave at least 30 days prior to the beginning of the leave, except where the leave is for unforeseen circumstances. Under such circumstances the employee must use the customary call-in procedures for reporting an absence, except in unusual circumstances.
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 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.
If the university deems the medical certification to be incomplete or insufficient, the university will indicate in writing what information is lacking and give the employee seven calendar days to cure the deficiency.
The university may at its discretion, require a second opinion, and if there is a conflict 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.
Fitness for Duty Certification: All employees on FMLA leave must present a fitness for duty certificate from the employee’s healthcare provider before returning to work (if the leave taken based on the employee’s own serious health condition). If a safety concern exists, a fitness-for-duty certification may also be required where the employee has taken intermittent leave.
Reinstatement and Maintenance of Benefits: During FMLA leave, the employee continues to be an employee of the university entitled to the rights listed below.