Purdue University Executive Memoranda Master Listing
OFFICE OF THE PRESIDENT
EXECUTIVE MEMORANDUM No. C-30
October 8, 1993
To: Vice Presidents, Chancellors, Deans, Directors, and Heads of Schools, Divisions, Departments, and Offices
Re: Family Leave
The Family and Medical Leave Act of 1993 requires employers to grant eligible employees a maximum of twelve weeks of unpaid leave in any twelve month period for the birth of a child, the adoption of a child or the acceptance of a child for foster care, the serious health condition of an immediate family member, or the employee's own serious health condition.
This policy is intended to assist departments and administrative units in understanding and implementing the federal law governing family leave. This leave does not eliminate any other leave eligibility and will be coordinated with existing procedures. The Department of Personnel Services will provide assistance to departments and ensure consistency in policy interpretation and implementation.
Serious health condition is defined as an illness or injury that:
- involves inpatient care in a hospital, hospice, or residential medical care facility, or
- requires absence from work or incapacity in performing other daily activities for more than three days, or
- requires continuous treatment (two or more times) by a health care provider.
Immediate family memberis defined as spouse, parent, or child.
Twelve month period is defined as the 365 consecutive calendar days immediately preceding the date the leave is to begin.
Intermittent leave is defined as a leave taken at different times as opposed to all at once.
Reduced schedule leave is defined as a leave that, for a specified period of time, reduces regularly scheduled hours.
To be eligible for Family Leave, an individual must be employed by the University for a minimum of twelve months and be a regular staff member currently receiving benefits, or have worked a minimum of 1250 hours during the previous twelve month period.
Employees must provide thirty days notice of request for Family Leave to their supervisor when the leave is foreseeable. Family Leave for the birth of a child, the adoption of a child or the acceptance of a child for foster care must be requested and taken within twelve months of the birth or placement date.
When it has been determined by the supervisor that a leave qualifies for Family Leave, the supervisor will provide the employee with written documentation of his/her rights and responsibilities.
Employees must be granted intermittent leave or reduced schedule leave for their own illness or the illness of an immediate family member when medically necessary. The University may temporarily place the employee in an alternate position which better accommodates an intermittent leave, but will ensure the employee receives equivalent pay and benefits.
If an employee is off work prior to the determination that the leave qualifies for Family Leave, the time off will be retroactively applied to Family Leave. Once the supervisor makes this determination, the employee must be notified immediately that the leave is considered Family Leave.
Employees will be restored to the same or equivalent position upon return from Family Leave. If the employee's position has been eliminated, and would have been eliminated had the employee been active, then the employee will be put in layoff status at the end of the Family Leave.
Key employees, those who are in the top ten percent in salary paid by the University, may be denied restoration in limited circumstances. These employees may not be denied the Family Leave, but may be denied restoration if their return would create substantial and grievous economic injury. Key employees shall be made aware of the denial of restoration upon request of leave.
While on Family Leave, employees will maintain their health benefits. In addition, any health benefits which are established or changed during an employee's leave will be available to the employee as if he or she were still in working status.
Any increases in pay or changes in benefits which are not dependent upon seniority or accrual during the leave period will be made effective upon the employee's return to work.
The University will continue to pay its share of the employee's health insurance, term life insurance and long term disability premiums. Employees will continue to pay their share as well. The University will provide alternative payment plans to assist employees in remitting these premiums.
Insurance premiums paid by the University, covering the time the employee was on leave, may be recovered by the University if the employee fails to return to work, unless the reason for not returning is due to the continuation of the Family Leave or because the employee's circumstances suddenly and unexpectedly change during the leave.
Coordination With Other Leave of Absence Policies
Employees are required to first use paid sick leave for which they are currently eligible when they must take a leave of absence for a serious health condition as defined in this policy. Employees have the option of using their vacation and/or personal holiday at the beginning of the Family Leave. Such paid leave will count toward the total twelve-week allotment.
All leaves of absence, requested for the purposes specified in this policy, will be called Family Leave. Strict record keeping requirements of the FMLA make this necessary. However, current sick leave and leave without pay policies which provide a greater benefit than the law requires will remain in tact.
For reference, the following policies pertain to leaves of absence:
Executive Memorandum B-22
Business Office Memorandum No. 172
Family Leave for the employee's own serious health condition requires a doctor's certification indicating the employee is unable to perform the essential functions of the position.
Family Leave for seriously ill family members requires a doctor's certification stating that third party care is required, or that the employee's presence would be beneficial.
The need for an intermittent or reduced schedule leave due to medical necessity must also be supported with a doctor's certification.
Employees may be required to provide updated doctor's certification at thirty day intervals or sooner.
Return to work following a leave for the employee's own serious health condition requires a doctor's certification stating the employee is able to return to work. This statement should also include any restrictions the employee may have. If restrictions are listed, the University will provide reasonable accommodation in accordance with the Americans with Disabilities Act and Executive Memorandum C-28.
Procedures associated with this policy will be developed by Personnel Services. You may obtain more detailed information by calling the following offices:
|West Lafayette||Employee Relations|
|Fort Wayne||Personnel Office|
|North Central||Personnel Office|
Steven C. Beering