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:

• Unpaid Family and Medical Leave Act Leave
• Paid and Unpaid Military Leave
• Paid Jury Duty and Witness Duty Leave
• Paid Bereavement Leave
• Workers' Compensation Leave

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.

1. Unpaid Family and Medical Leave Act Leave
   1. 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.

   2. Scope

      This policy applies to all University employees.

   3. General Provisions
      1. 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

         1. Has worked at least 1,250 hours during the twelve-month period preceding the date leave commences, or
         2. Is a regular staff member who is eligible for University group health insurance benefits at the time leave commences.

      2. FMLA-Qualifying Leaves

         The University will grant an eligible employee twelve workweeks of FMLA leave over a twelve-month period for the following reasons:

         1. For birth of his/her child;
         2. For placement with the employee of a child for adoption or foster care (including related court appearances, consultations with attorneys, and counseling sessions);
         3. To care for a child during the first twelve months following birth or placement;
         4. 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
         5. 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.

      3. Twelve-Month Period

         The twelve-month period will be a rolling twelve-month period measured backward from the date FMLA leave commences.

      4. 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.

      5. Employee Notice
         1. 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.
         2. 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.
         3. If the FMLA leave is foreseeable, an employee must give his/her supervisor at least thirty days advance notice of the need for leave.
         4. 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).
         5. 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.

      6. 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.

      7. Medical Certification
         1. 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.
         2. The certification will be completed and signed by the individual's principal health care provider.
         3. 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.
         4. 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.
         5. Leaves exceeding twenty-two consecutive workdays should be re-certified monthly.

      8. 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.

   4. 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:

      1. 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.

      2. 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.

      3. Paid Vacation Leave

         An employee may, subject to appropriate approval, use accrued, paid vacation during unpaid FMLA leave.

      4. Unpaid Personal Leave

         If an employee takes unpaid personal leave for an FMLA-qualifying reason, the FMLA leave and personal leave will run concurrently.

      5. 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.

      6. 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.

   5. 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).

   6. Reinstatement
      1. 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.
         
         
      2. 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.
         
         
      3. 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:
         1. The denial is necessary to prevent substantial and grievous economic injury to the operations of the University; and
         2. 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.

   7. University Notice

      The University will provide employees with notice of their rights and responsibilities as required by the FMLA.

   8. 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.

   9. 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.

   10. 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).

2. Paid and Unpaid Military Leave
   1. 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.

   2. Scope

      This policy applies to all individuals employed by the University.

   3. Eligibility
      1. 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.
      2. 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.

   4. Paid Military Leave
      1. 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.
      2. 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.
      3. Paid military leave will be paid in the employee's regular paycheck.
      4. Paid military leave may not be taken in increments of less than one-half workday (i.e., four hours).

   5. Unpaid Military Leave

      Military leave exceeding fifteen workdays in a calendar year will be unpaid.

   6. 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.

   7. Employee Reinstatement Rights
      1. Prerequisites

         An employee is eligible for reinstatement if:

         1. The employee was discharged under honorable conditions;
         2. The employee applied for reinstatement within the time frames specified in paragraph two below;
         3. The employee's cumulative military leave while working at the University, as calculated under USERRA, did not exceed five calendar years; and
         4. The employee gave advance notice of the need for leave as required under this policy.

      2. 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:

         1. 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).
         2. 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.
         3. 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.
         4. 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).

      3. Circumstances Barring Reinstatement

         Notwithstanding an employee's eligibility for reinstatement under paragraphs one and two above, an employee will not be reinstated if:

         1. The University's circumstances have changed such that reinstatement is impossible or unreasonable; or
         2. In the case of a disabled employee, reinstatement would impose an undue hardship on the University.

      4. 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:

         1. 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.
         2. 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.
         3. 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.
         4. 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:
            1. 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
            2. In a position that most closely approximates a position of equivalent seniority, pay, and status.

      5. The University may terminate any employee who is not eligible to be reinstated under this policy.

   8. Compensation and Length of Service
      1. 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.
      2. An employee's length of service will accrue during military leave.

   9. 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.

      1. 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.

         1. 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.
         2. 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.

      2. 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.

      3. 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.

      4. 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.

      5. Holiday Pay

         Holiday pay will not be paid during unpaid military leave.

      6. PERF

         Upon reinstatement, an employee will be given creditable service for military leave totaling six months or less during any four consecutive years.

      7. TIAA/CREF

         Upon reinstatement, employees participating in TIAA/CREF will receive credit towards their TIAA/CREF waiting period for any time on military leave.

   10. 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.

   11. Termination For Just Cause
       1. 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.
       2. 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.

   12. 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.

3. Paid Jury Duty and Witness Duty Leave
   1. 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.

   2. 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.

   3. Eligibility For Paid Leave
      1. 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.

      2. Amount of Benefit
         1. Exempt Employees

            Exempt employees, as defined under the Fair Labor Standards Act, will be paid their regular salary for each workday of leave.

         2. 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.

      3. Paid leave will not be offset by any per diem compensation for jury service paid to the employee.
         
         
      4. The benefit will be paid in the employee's regular paycheck.

   4. Notice and Verification
      1. 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.
      2. 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.

   5. 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.

   6. 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.

4. Paid Bereavement Leave
   1. 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.

   2. Scope

      This policy applies to all regular full-time and part-time (i.e., .5 FTE or greater) staff employed by the University.

   3. Benefit Allowance
      1. 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.

      2. 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.

      3. 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.

      4. 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.

   4. Amount of Benefit

      1. 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.

      2. Exempt Employees

         Exempt employees, as defined under the Fair Labor Standards Act, will be paid their regular salary for each workday of leave.

      3. 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.

      4. The benefit will be paid in the employee's regular paycheck.

   5. Procedure For Requesting Leave

      Paid bereavement leave must be requested in writing on an appropriate University leave request form.

5. Workers' Compensation Leave
   1. 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.

   2. Scope

      This policy applies to all individuals employed by the University.

   3. 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.

   4. 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.

   5. 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.

   6. Return-To-Work Statement
      1. 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.
      2. 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.
      3. 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.
      4. 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.

   7. Other Benefits
      1. 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.

      2. Holiday Pay

         An employee on workers' compensation leave will not receive pay for any holiday occurring during the leave period.

      3. 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.

   8. 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.

   9. 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.

6. 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.

7. 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).

8. 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