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PURDUE UNIVERSITY
OFFICE OF THE PRESIDENT
EXECUTIVE MEMORANDUM NO. C-47
TO: Vice Presidents, Chancellors, Vice Chancellors, Deans,
Directors, and Heads of Schools, Divisions, Departments, and Offices
RE: Revised Leave of Absence Policies for Faculty, Continuing
Lecturers, and Administrative, Professional, Clerical, and Service
Staff
In an effort to simplify Purdue University's leave of absence policies for
faculty, continuing lecturers, and administrative, professional, clerical, and
service staff and to bring the policies up-to-date with recent legal developments,
Executive Memorandum No. C-47 sets forth revised policies regarding the following
leaves of absence:
The following policies are effective immediately and supersede, in whole
or in part, any prior inconsistent verbal or written policies of the University
including, but not limited to, Executive Memorandum No. C-38, dated July 21,
1995, Executive Memorandum No.C-30, dated October 8, 1993, Executive Memorandum
No. B-22, dated October 31, 1973; Business Office Memorandum No. 188, dated
November 8, 1991, and Business Office Memorandum No. 74, dated May 3, 1962.
- Unpaid Family and Medical Leave Act Leave
- Introduction
The Family and Medical Leave Act ("FMLA") grants eligible
Purdue University employees the right to take twelve workweeks of
job-protected leave over a twelve-month period for FMLA-covered medical
and family reasons. FMLA leave does not eliminate or reduce other
University leaves; however, certain leaves must or may be coordinated
with FMLA leave as set forth below.
Except for the provision in paragraph C.1.b. below, which expands
eligibility beyond the requirements of the FMLA, the provisions of
this policy are intended to comply with the FMLA and regulations issued
by the United States Department of Labor under the FMLA.
The following provisions summarize the University's policy with
respect to FMLA leave. Due to the complexity of the FMLA and the interrelationship
of the FMLA and the University's other leave policies, detailed guidelines
consistent with this policy, which more fully explain the rights and
responsibilities of the University and its employees under the FMLA,
will be developed and periodically updated by the Department of Personnel
Services. Both this policy and the guidelines should be consulted
when questions arise regarding FMLA leave.
- Scope
This policy applies to all University employees.
- General Provisions
- Employee Eligibility
An employee is eligible for FMLA leave if s/he has been employed
by the University for at least twelve months, consecutive or non-consecutive,
and
- Has worked at least 1,250 hours during the twelve-month period
preceding the date leave commences, or
- Is a regular staff member who is eligible for University group
health insurance benefits at the time leave commences.
- FMLA-Qualifying Leaves
The University will grant an eligible employee twelve workweeks
of FMLA leave over a twelve-month period for the following reasons:
- For birth of his/her child;
- For placement with the employee of a child for adoption or
foster care (including related court appearances, consultations
with attorneys, and counseling sessions);
- To care for a child during the first twelve months following
birth or placement;
- If the employee is needed to care for his/her spouse, child,
or parent with a serious health condition, as certified by the
family member's health care provider; or
- Because of a serious health condition that makes the employee
unable to perform one or more of the essential functions of
the employee's job, as certified by his/her health care provider.
- Twelve-Month Period
The twelve-month period will be a rolling twelve-month period
measured backward from the date FMLA leave commences.
- Intermittent and Reduced Schedule Leave
FMLA leave may be taken on an intermittent or reduced schedule
basis. Intermittent leave is FMLA leave taken in separate blocks
of time due to a single qualifying reason. Reduced schedule leave
is leave that reduces the employee's usual number of working hours
per day or week. Intermittent and reduced schedule leave may be
taken for only certain FMLA-qualifying reasons.
- Employee Notice
- An employee will, if possible, request FMLA leave in writing
on an appropriate University leave request form. However, FMLA
leave will not be denied if an employee gives his/her supervisor
verbal notice of the need for FMLA leave and the timing and
duration of the leave.
- When planning medical treatment, an employee must consult
with his/her supervisor and make a reasonable effort to schedule
the leave so as not to disrupt the University's operations.
- If the FMLA leave is foreseeable, an employee must give his/her
supervisor at least thirty days advance notice of the need for
leave.
- If the FMLA leave is not foreseeable, an employee or his/her
representative must give notice of the need for leave to the
employee's supervisor as soon as practicable (i.e., ordinarily
within two business days after the need for leave becomes known).
- If an employee takes leave for an FMLA reason without notifying
the supervisor, the leave has not been designated by the University
as FMLA leave, and the employee desires FMLA leave, the employee
must notify his/her supervisor within two business days after
returning to work that the leave was taken for an FMLA reason.
Absent such notice, the employee is not entitled to the protections
of the FMLA.
- Group Health Insurance
The University will continue to pay its share of the cost of
an employee's group health insurance during FMLA leave, unless
the employee notifies the University in writing to cancel coverage.
If the employee uses paid leave during FMLA leave, the employee's
share of the premium will be deducted from the employee's pay
in accordance with normal practice. If the FMLA leave is unpaid,
the employee must pay his/her share of the premium. If the employee
fails to pay his/her share of the premium, the University reserves
the right to cancel coverage, as permitted by law. If the employee
fails to return to work after the FMLA leave, the University may
recover from the employee the premiums it paid for the employee's
insurance, unless the employee is unable to return to work due
to a serious health condition, or other circumstances beyond the
employee's control.
- Medical Certification
- If FMLA leave is due to a serious health condition of the
employee or his/her spouse, child, or parent, then the employee
is required to furnish medical certification of the serious
health condition.
- The certification will be completed and signed by the individual's
principal health care provider.
- The certification must be returned to the employee's department
within fifteen calendar days of the date that the certification
is delivered to the employee, unless the employee is unable
to do so despite his/her good faith efforts.
- A health care provider representing the University may contact
the individual's health care provider, with the employee's permission,
to clarify and authenticate the certification.
- Leaves exceeding twenty-two consecutive workdays should be
re-certified monthly.
- Return-to-Work Statement
If FMLA leave is due to the employee's serious health condition,
s/he must present a return-to-work statement to his/her department
upon returning to work. The statement must specify whether the
employee is able to work and any physical or other restrictions
on the employee's ability to work. Reinstatement may be delayed
until the employee submits the statement.
- Coordination of FMLA Leave With Other University Leaves
The use of other University leaves of absence, whether paid or unpaid,
during FMLA-qualifying leave will decrease, in whole or in part, an
employee's twelve-workweek FMLA leave entitlement as follows:
- Workers' Compensation
If an employee takes workers' compensation leave for an FMLA-qualifying
reason, the employee's FMLA leave and workers' compensation leave
will run concurrently.
- Paid Sick Leave
If an employee's FMLA leave is due to his/her own serious health
condition or a family member's serious health condition and the
employee has accrued, unused paid sick leave and qualifies for
paid sick leave, the employee must use the paid sick leave
during the FMLA leave.
- Paid Vacation Leave
An employee may, subject to appropriate approval, use
accrued, paid vacation during unpaid FMLA leave.
- Unpaid Personal Leave
If an employee takes unpaid personal leave for an FMLA-qualifying
reason, the FMLA leave and personal leave will run concurrently.
- Paid Personal Business Days (Faculty, Continuing Lecturers, and
Administrative and Professional staff only)
Faculty, continuing lecturers, and administrative and professional
staff may, subject to appropriate approval, use paid personal
business days during FMLA leave.
- Paid Personal Holiday (Clerical and Service staff only)
A clerical or service employee may, subject to appropriate
approval, use a paid personal holiday during FMLA leave.
- University Designation of Leave
In all circumstances, it is the University's responsibility to designate
leave as FMLA leave, and to give the employee timely notice of the
designation. Absent extenuating circumstances, the University will,
at a minimum, give the employee verbal notice of the designation within
two business days of the date the employee provides information to
the University sufficient to enable it to determine that the leave
is being taken for an FMLA-qualifying reason. The University will
confirm verbal notice with written notice to the employee as soon
as feasible, but no later than the first payday following the verbal
notice (unless the payday is less than one week after the verbal notice,
in which case the verbal notice must be no later than the subsequent
payday).
- Reinstatement
- Except as provided in paragraphs two and three below, an employee
will be reinstated to the same position s/he held when FMLA leave
began or to a position with equivalent pay, benefits, and other
terms and conditions of employment, if such position is available
and the employee can perform the essential functions of the position.
- An employee who exceeds his/her FMLA leave and remains off work
under a non-FMLA leave is not entitled to reinstatement to the same
or an equivalent position under the FMLA. The employee's right to
reinstatement will be controlled by the non-FMLA leave policy.
- The University may deny reinstatement to any salaried employee
who is among the highest paid ten percent of all individuals employed
by the University if:
- The denial is necessary to prevent substantial and grievous
economic injury to the operations of the University; and
- The University notifies the employee of its intent to deny
leave on such basis at the time the University determines that
such injury would occur, and, if the employee is on leave, the
employee elects not to return to employment after receiving
such notice.
- University Notice
The University will provide employees with notice of their rights
and responsibilities as required by the FMLA.
- No Discrimination
FMLA leave will not be used as a negative factor in employment actions,
such as hiring, promotions, disciplinary actions, or under attendance
policies.
- Confidentiality
All medical information relating to FMLA leaves, whether verbal
or written, shall be kept confidential to the maximum extent possible.
All medical documents including, but not limited to, medical certifications
must be maintained in confidential, secure files separate from personnel
files.
- Guidelines and Questions
Written guidelines relating to FMLA leaves will be developed by
the West Lafayette Department of Personnel Services and updated from
time to time as necessary. Questions regarding FMLA leaves should
be directed to your campus personnel department or human resource
service team (West Lafayette).
- Paid and Unpaid Military Leave
- Introduction
Purdue University provides paid and unpaid military leave to eligible
employees consistent with the requirements of state and federal law
including, but not limited to, the Uniformed Services Employment and
Re-Employment Rights Act (USERRA) 38 U.S.C. Section 4301 et. seq.
However, where this policy provides that an employee is eligible
to be paid during military leave, this policy will govern.
This policy is based in large part on the major provisions of the
USERRA. Therefore, the USERRA and the campus personnel department
should be consulted whenever an employee requests military leave.
- Scope
This policy applies to all individuals employed by the University.
- Eligibility
- All regular, full-time and part-time employees are eligible for
military leave. Temporary employees are not eligible for military
leave, except as may be authorized by the employee's department
head or director.
- Military leave will be granted for voluntary or involuntary service
in the Army, Air Force, Navy, Marines, the Army National Guard,
and the Air National Guard when engaged in active duty for training,
or full-time National Guard duty, the commissioned corps of the
Public Health Service, and any other category of service designated
by the President of the United States in time of war or national
emergency.
- Paid Military Leave
- Eligible employees are entitled to fifteen workdays (i.e.,
120 hours) of paid military leave without loss of benefits each
calendar year. Travel time required to report to the location of
military duty is included in the fifteen-day allowance.
- Exempt employees, as defined under the Fair Labor Standards Act,
will be paid their regular salary for each workday of paid military
leave. Non-exempt employees, as defined under the Fair Labor Standards
Act, will be paid their straight-time hourly rate of pay for each
workday of paid military leave.
- Paid military leave will be paid in the employee's regular paycheck.
- Paid military leave may not be taken in increments of less than
one-half workday (i.e., four hours).
- Unpaid Military Leave
Military leave exceeding fifteen workdays in a calendar year will
be unpaid.
- Employee Notice of Need for Leave
All employees should, if possible, request military leave by completing
an appropriate University leave request form. However, military leave
will not be denied if an employee gives at least verbal notice to
his/her department. Further, no notice is necessary where circumstances
make giving notice impossible or unreasonable or giving notice is
precluded by military necessity. Employees should also provide to
their departments a copy of their official orders to report for military
leave.
- Employee Reinstatement Rights
- Prerequisites
An employee is eligible for reinstatement if:
- The employee was discharged under honorable conditions;
- The employee applied for reinstatement within the time frames
specified in paragraph two below;
- The employee's cumulative military leave while working at
the University, as calculated under USERRA, did not exceed five
calendar years; and
- The employee gave advance notice of the need for leave as
required under this policy.
- Time Frames for Reporting to the University or Applying for Reinstatement
To be eligible for reinstatement, an employee must notify his/her
department of his/her intent to return to work within the following
time frames:
- If the period of service was less than thirty-one calendar
days, the employee must report to the University no later than
the beginning of the first full, regularly-scheduled work period
following completion of service (plus an eight-hour period following
the employee's transportation to his/her residence).
- If the period of service was more than thirty calendar days
but less than 181 calendar days, the employee must submit an
application for reinstatement to the University no later than
fourteen calendar days after the completion of service.
- If the period of service was more than 180 calendar days,
the employee must submit an application for reinstatement to
the University no later than ninety calendar days after his/her
completion of service.
- If the employee was hospitalized or convalescing from an illness
or injury incurred or aggravated during service, the employee
must report to the University or submit an application for reinstatement
to the University at the end of the necessary recovery period
(normally, not to exceed two years).
- Circumstances Barring Reinstatement
Notwithstanding an employee's eligibility for reinstatement
under paragraphs one and two above, an employee will not be reinstated
if:
- The University's circumstances have changed such that reinstatement
is impossible or unreasonable; or
- In the case of a disabled employee, reinstatement would impose
an undue hardship on the University.
- Positions
The position to which an employee will be reinstated depends
upon the length of service and his/her ability to perform the
duties of the job as set forth below:
- If the service was less than ninety-one calendar days, the
employee will be placed in the job s/he would have had but for
the military service leave, provided that the employee is qualified
to perform the job duties. If the employee is not qualified
to perform the duties of the job, the University will make reasonable
efforts to qualify the employee for the job. If such efforts
are unsuccessful, the employee will be reinstated to the job
s/he held when leave began.
- If the service was more than ninety calendar days, the University
will place the employee in the job s/he would have had but for
the leave or a position of similar seniority status and pay
that the employee is qualified to perform. If the employee is
not qualified to perform the job s/he would have had but for
the leave, the University will make reasonable efforts to qualify
the employee. If such efforts are unsuccessful, the employee
will be placed in the job s/he had when leave began, or a position
of like seniority, status, and pay, which the employee is qualified
to perform.
- If an employee is not re-employed under paragraphs a. or b.
above, s/he must be re-employed in any other position that most
closely approximates the job s/he would have had but for the
leave and then the job s/he had when the leave began.
- If a disability sustained, aggravated, or manifested while
an employee was in military service prevents him/her from performing
a job to which s/he would otherwise be entitled under this policy,
the University will employ the employee in either:
- A position of equivalent seniority, pay, and status for
which s/he is qualified or could become qualified with reasonable
training efforts by the University; or
- In a position that most closely approximates a position
of equivalent seniority, pay, and status.
- The University may terminate any employee who is not eligible
to be reinstated under this policy.
- Compensation and Length of Service
- An employee on military leave without pay will receive any across-the-board
compensation adjustments that s/he would have received if s/he had
not been on leave. If a compensation increase is tied to skill,
ability, or the qualifications of an employee and the employee's
department determines that the employee's skill and performance
upon returning to work measure up to those of other employees who
have received merit increases, the employee will be given an increase.
- An employee's length of service will accrue during military leave.
- Benefits
Employees who are reinstated upon returning from military leave
without pay are entitled to all seniority-based benefits they had
when their leave began plus any seniority-based benefits that would
have accrued but for their leave. Employees who are reinstated upon
returning from military leave without pay are entitled to the same
level and extent of non-seniority-based benefits they would have received
on a non-military leave of absence.
- Group Health Insurance
Generally, health insurance is provided to an employee by the
military during active service. However, subject to the requirements
of paragraphs a and b below, an employee may continue to receive
University-provided health insurance for up to eighteen months
from the date military leave begins, or until the deadline for
applying for reinstatement expires, whichever occurs first.
- If the military leave is thirty calendar days or less, the
employee may continue to receive health insurance coverage by
paying his/her portion of the insurance premium.
- If the military leave exceeds thirty calendar days, the employee
may continue his/her insurance coverage by paying the full premium,
which includes the University's portion and the employee's portion.
- Term Life, Personal Accident, and Dependent Life Insurance
Term life insurance, personal accident insurance, and dependent
life insurance do not continue during an employee's military leave
without pay.
- Long-Term Disability, Short-Term Disability, and Flexible Spending
Programs
Long-term disability, short-term disability, and flexible spending
programs do not continue during an employee's military leave without
pay.
- Paid Sick Leave and Vacation Leave
Upon reinstatement, seniority-dependent provisions of the paid
sick leave policy and the vacation leave policy will be calculated
as if the employee was actively employed and/or in pay status
during the military leave.
- Holiday Pay
Holiday pay will not be paid during unpaid military leave.
- PERF
Upon reinstatement, an employee will be given creditable service
for military leave totaling six months or less during any four
consecutive years.
- TIAA/CREF
Upon reinstatement, employees participating in TIAA/CREF will
receive credit towards their TIAA/CREF waiting period for any
time on military leave.
- Substituting Paid Vacation Leave
Employees will be permitted to use accrued, unused paid vacation
leave during unpaid military leave. The University, however, may not
require employees to use accrued, unused paid leave during unpaid
military leave.
- Termination For Just Cause
- If an employee's military service exceeded thirty calendar days,
but was less than 180 calendar days, s/he may be terminated only
for just cause for six months following his/her return to work.
- If an employee's military service was more than 180 calendar days,
s/he may be terminated only for just cause for one year following
his/her return to work.
- Non-Discrimination
The University prohibits discrimination against any individual who
is a member of, applies to be a member of, performs, has performed,
applies to perform, or has an obligation to perform service in a uniformed
service.
- Paid Jury Duty and Witness Duty Leave
- Introduction
Purdue University provides paid and unpaid jury duty leave and witness
duty leave to eligible employees as set forth below so that they may
fulfill their civic duties competently and reliably.
- Scope
This policy applies to all regular full-time or part-time (i.e.,
.5 FTE or greater) employees of the University, except an employee
who is a defendant convicted in a criminal proceeding, or an employee
who appears as an expert witness.
- Eligibility For Paid Leave
- A regular full-time or part-time (i.e., .5 FTE or greater)
employee involuntarily summoned to serve as a juror in any federal,
state, or county court or a federal or state administrative agency
will be eligible for paid jury duty leave without loss of benefits.
Similarly, any such employee involuntarily summoned to appear as
a witness in any federal, state, or county court or a federal or
state administrative agency will be eligible for paid witness duty
leave without loss of benefits.
- Amount of Benefit
- Exempt Employees
Exempt employees, as defined under the Fair Labor Standards
Act, will be paid their regular salary for each workday of
leave.
- Non-exempt Employees
Non-exempt employees, as defined under the Fair Labor Standards
Act, will be paid eight hours of pay at their regular, straight-time
hourly rate of pay for the number of hours they were scheduled
to work on the day of leave, excluding overtime, for each
workday of leave.
- Paid leave will not be offset by any per diem compensation
for jury service paid to the employee.
- The benefit will be paid in the employee's regular paycheck.
- Notice and Verification
- An employee summoned to serve as a juror or as a witness must
notify his/her supervisor immediately and provide the supervisor
with a copy of the summons. In addition, the employee must request
leave in writing on an appropriate University leave request form.
- Upon completion of jury duty or witness duty, the employee must
furnish his/her supervisor with official verification that the leave
was due to jury service or witness service.
- Postponement of Service
The University will make no attempt to have an employee's service
on a jury postponed except when business conditions necessitate such
action.
- Right to Reinstatement
An employee will be reinstated to the same position s/he held when
the leave began, unless the position has been eliminated due to business
necessity or the employee is otherwise unable to perform the essential
functions of the job, with or without reasonable accommodation, as
required by law.
- Paid Bereavement Leave
- Introduction
Purdue University recognizes that a time of bereavement is very
difficult for an employee. The University therefore provides paid
bereavement leave to eligible employees to ensure that they are able
to attend to such matters.
- Scope
This policy applies to all regular full-time and part-time (i.e.,
.5 FTE or greater) staff employed by the University.
- Benefit Allowance
- Immediate Family
Employees are eligible for up to three workdays of paid bereavement
leave over five consecutive calendar days for the death of the
employee's spouse, parent, child, grandparent, grandchild, or
sibling, and corresponding in-law or step-relative.
- Relative Living in Employee's Home
Employees are eligible for up to three workdays of paid bereavement
leave over five consecutive calendar days for the death of the
employee's uncle, aunt, niece, nephew, or first cousin if the
relative lived in the employee's home.
- Relative
Employees are eligible for up to one workday of paid bereavement
leave for the death of the employee's uncle, aunt, niece, nephew,
or first cousin.
- Fellow Employee
Employees are eligible for up to one-half workday of paid leave
to attend the funeral of a fellow employee, subject to the staffing
needs of the employee's department as determined by the head of
the department.
- Amount of Benefit
- Workday
One workday of leave under this policy equals the number of
hours the employee was scheduled to work on the day of leave,
excluding overtime.
- Exempt Employees
Exempt employees, as defined under the Fair Labor Standards
Act, will be paid their regular salary for each workday of leave.
- Non-exempt Employees
Non-exempt employees, as defined under the Fair Labor Standards
Act, will be paid their regular, straight-time hourly rate for
each workday of leave.
- The benefit will be paid in the employee's regular paycheck.
- Procedure For Requesting Leave
Paid bereavement leave must be requested in writing on an appropriate
University leave request form.
- Workers' Compensation Leave
- Introduction
Purdue University provides workers' compensation benefits to eligible
employees as required by the Indiana Workers' Compensation Act and
the Occupational Diseases Act (jointly "the Act"). Generally,
under the Act, an injured employee is eligible to receive weekly wage
replacement benefits (temporary total disability benefits), medical
benefits, and benefits for any permanent partial impairment or permanent
total disability caused by a work-related injury or illness.
- Scope
This policy applies to all individuals employed by the University.
- Eligibility
All University employees are eligible for workers' compensation
benefits. An eligible employee will receive workers' compensation
benefits if s/he sustains an injury or illness that arises out of
and in the course of his/her employment as provided under the Act.
- Reporting An Injury or Illness
Any employee who sustains an injury or illness that s/he believes
may be work-related must report the injury or illness to his/her supervisor
immediately. Failure to report an injury or illness promptly may result
in the University denying the employee's claim for workers' compensation
benefits.
- Reinstatement
The University will normally reinstate an employee who is on workers'
compensation leave for twelve continuous months or less to his/her
regular position if s/he can perform the essential functions of the
job, with or without reasonable accommodation as required by law.
If the employee is on leave more than twelve continuous months, the
University will terminate the employee's employment, as permitted
by law. The employee will continue to receive workers' compensation
benefits as required under the Workers' Compensation Act, regardless
of his/her right to reinstatement or employment status.
- Return-To-Work Statement
- Upon returning to work from workers' compensation leave, the employee
will furnish to his/her department a return-to-duty statement from
the employee's principal attending health care provider. The statement
must indicate that the employee has been released to return to work.
It must also specify any physical or other limitation on the employee's
ability to perform regular or other duties and the duration of those
limitations.
- If an employee is on workers' compensation leave and intermittent
FMLA leave concurrently, a return-to-duty statement will not be
required when the employee's intermittent FMLA leave ends, except
as permitted or required by the Americans With Disabilities Act.
- If the employee does not provide a statement upon returning to
work, then reinstatement may be delayed until the employee submits
a statement. If the employee fails to submit a statement within
a reasonable period of time from the department's request, s/he
may be disciplined, up to and including termination.
- With the employee's written consent, a representative of the campus
personnel department may contact the employee's health care provider
to clarify and authenticate the return-to-duty statement, subject
to any applicable provisions of the Act, the FMLA, or the Americans
With Disabilities Act.
- Other Benefits
- Sick Leave and Vacation Leave
An employee on workers' compensation leave will accrue paid
sick leave (clerical and service staff only) and paid vacation
leave at his/her normal accrual rate for up to twelve continuous
months of leave. Thereafter, the employee will not accrue sick
leave or vacation leave.
- Holiday Pay
An employee on workers' compensation leave will not receive
pay for any holiday occurring during the leave period.
- Supplementing Weekly Wage Replacement Benefits (i.e., Temporary
Total Disability Benefits)
An employee may use accrued, unused paid sick leave and vacation
leave benefits to supplement weekly wage replacement benefits;
however, the total weekly compensation paid during the leave may
not exceed the employee's normal weekly pay.
For regular, full-time, non-exempt employees, the normal weekly
pay will be determined by multiplying the employee's regular,
straight-time hourly rate of pay times forty hours. The normal
weekly pay for a part-time, non-exempt employee will be based
on their full-time equivalency. For exempt employees, the normal
weekly pay will be the employee's normal weekly salary.
The employee must request supplemental benefits on an appropriate
University leave request form.
- Coordination With Family and Medical Leave Act Leave
If an employee qualifies for workers' compensation leave and FMLA
leave, the two leaves will run concurrently. The employee must meet
the requirements of both leave policies while the leaves are running
concurrently and upon returning to work. If the employee exhausts
his/her FMLA leave and remains on workers' compensation leave, the
workers' compensation leave policy will govern the leave including,
but not limited to, the employee's right to be reinstated. If the
employee is no longer eligible for workers' compensation leave, but
continues to be eligible for FMLA leave, the FMLA leave policy will
govern.
- Confidentiality
All matters relating to an employee's medical condition or treatment
will be kept confidential to the maximum extent possible. All medical
documentation will be filed in the employee's confidential, secure
medical file, separate from his/her personnel file.
- Deviation From Leave Policies
Any deviation from the leave policies described in this Memorandum requires
approval by an executive vice president, vice president, chancellor, or
the director of intercollegiate athletics, or their designees, unless
the leave policy in question specifically authorizes or requires otherwise.
- Maximum Leave (All Leaves Except Sabbatical and Research Leaves)
An employee's total continuous leave(s) of absence, whether paid or
unpaid, may not exceed one calendar year, unless required by law. Family
and Medical Leave Act leaves will not be considered in applying this rule.
For example, if an employee was on paid sick leave for one year, and the
University designated two months of the sick leave as FMLA leave, only
ten calendar months would count toward the one year limit (twelve months
of paid sick leave minus two months of FMLA leave).
- Questions
Questions regarding the foregoing policies should be directed to your
campus personnel department or human resource service team (West Lafayette).
Steven C. Beering
President
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