Wheeling Jesuit University


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Time Off Work: FMLA

SECTION: HR - Time Off Work NEXT REVIEW DATE: July 2017
APPROVED: May 2011 REVIEWER: Director of Human Resources
APPROVED BY: William C. Rickle, S.J. REVISION DATE: May 2016

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Wheeling Jesuit University will adhere to the requirements of the Family and Medical Leave Act of 1993.


2.1 Policy Statement
The University will provide eligible employees up to a total of twelve (12) weeks of unpaid, job-protected, leave with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave, during the rolling twelve (12) month period for certain family and medical reasons.

2.2 Definitions

2.2.1 "Serious health condition" - Defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider (See Table Below).

2.2.2 "Intermittent Leave" - Leave taken in separate blocks of time, rather than for one continuous period of time, and may include leave periods of 1 hour (or the lowest increment in the ADP system) to several weeks.

2.2.3 "Reduced leave schedule" - A work schedule under which the usual number of hours of regularly scheduled work per workday or workweek of an employee is reduced.

2.2.4 "Spouse" - An individual who is a husband or wife pursuant to a marriage that is a legal union between one man and one woman, including common law marriage between one man and one woman in States where it is recognized.

2.2.5 "Son or Daughter" - A biological, adopted, or foster child; a step child; a legal ward; or a child of a person standing in loco parentis who is under 18 years of age or 18 years of age or older and incapable of self-care.

2.2.6 "Parent" - A biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a son or daughter. This term does not include parents 'in law.''

2.2.7 "Next of kin" - 1) the nearest blood relatives of a person who has died, including the surviving spouse. 2) anyone who would receive a portion of the estate by the laws of descent and distribution if there were no will.

2.3 Eligibility
Employees who have worked for the university for at least one (1) year with 1,250 hours worked during the previous twelve (12) month period counting back from the day the leave is scheduled to take effect.

2.4 Reasons
Eligible employees may take FMLA leave for the following reasons:

  • The birth of a child and to care for the newborn child within one year of birth;
  • The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • To care for the employee's spouse, child, or parent who has a serious health condition;
  • A serious health condition that makes the employee unable to perform the essential functions of his/her job;
  • Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty or;
  • Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness who is the spouse, son, daughter, parent, or next of kin to the covered service member (military caregiver leave).

2.5 Compensation

2.5.1 The employee must first use accrued and unused paid sick time (including "sick bank") concurrent with FMLA leave covering their own serious health condition. If the employee has no sick time available, or sick time is exhausted, the employees must next use accrued and unused paid vacation and personal time concurrent with FMLA leave in lieu of unpaid FMLA leave. This does not apply to FMLA run concurrent with workers compensation.

2.5.2 Once accrued paid time is exhausted, the employee will continue on unpaid leave for the balance of the FMLA leave or until the employee becomes eligible for short term disability per the terms of the University's applicable short term disability plan (Note: refer to the University's STD / LTD / Life Insurance Policy).

2.6 Benefits

2.6.1 For the duration of the leave, the University will maintain the employee's health, dental, vision and supplemental life coverage. Employee premium contributions must be paid to the Human Resources office by the first of the month or the employee risks losing coverage. Employees will not receive extra compensation in lieu of health care insurance.

2.6.2 Upon return from FMLA leave, most employees will be restored to their original or equivalent positions with equivalent compensation and benefits. Under limited circumstances, a "key employee" may be denied restoration to employment.

2.6.3 Employees on FMLA will continue to accrue paid time off during the FMLA leave and receive holiday pay for any holidays that occur during the FMLA leave.

2.7 Leave Conditions

2.7.1 The birth of a child, to care for the newborn child and the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement: Leave for such purposes must be taken in consecutive weeks and must be completed within the twelve (12) month period following the birth of the child or placement of the child with the employee for adoption or foster care. At the discretion of the University, employees may be permitted to utilize intermittent leave or. Alternatively, work a reduced-leave schedule.

2.7.2 To care for the employee's spouse, child, or parent who has a serious health condition or for a serious health condition that makes the employee unable to perform the essential functions of his or her job: Employees may take leave on a consecutive basis, intermittently or request to be placed on a reduced leave schedule.

2.7.3 If an employee requests an intermittent or reduced leave schedule that is foreseeable based upon planned medical treatment, the University may require the employee to transfer temporarily to an alternative position, for which the employee is qualified, to accommodate the recurring periods of leave that the employee will require. Employees transferred in such circumstances will receive equivalent pay and benefits, Employees requesting leave for these purposes must make a reasonable effort to schedule treatments, either for themselves or for their child, spouse or parent, so as not to disrupt unduly the department operations.

2.8 Prohibition
Employees on FMLA leave from the University are prohibited from working a second job, or "moonlighting," on any day on which they are on FMLA leave from their primary position with the University

2.9 Notification and Certification

2.9.1 Whenever a leave is "foreseeable" the employee must provide thirty (30) days notice; otherwise, as far in advance of the projected leave as practicable.

2.9.2 Employees must provide medical certification to support a request for leave because of a serious health condition. Certification forms are available in the Human Resource Office.


The Director of Human Resources may change this policy at any time to comply with changes in the federal FMLA guidelines. The policy will become official University policy upon approval by the President or designee.


United States Department of Labor: Wage and Hour Division - Family and Medical Leave Act
STD/LTD/Life Insurance/Supplemental Benefits

Reason for Absence

Inpatient Care
Any period of incapacity from a condition requiring inpatient care, including recovery from the condition.
Incapacity for more than three consecutive days, including work and nonwork days, that includes:

A condition requiring two or more treatments by a health care provider (within 30 days of the first day of incapacity) or treatment on at least one occasion which results in an ongoing regimen of treatment.

The first or only in-person treatment visit must take place within 7 days of the first day of incapacity unless extenuating circumstances exist.

Examination to evaluate a condition plus a course of treatment such as antibiotics or physical therapy.
Chronic or permanent conditions
Chronic conditions require periodic visits (at least twice a year) for treatment continue over an extended period of time and may cause episodic incapacity.
Incapacity due to a condition which is not curable but which requires medical supervision.
Terminal illness
Multiple sclerosis
Absences to receive treatment for a chronic condition.
Kidney dialysis
Prenatal treatment and pregnancy
Any period of incapacity due to pregnancy or for prenatal care.
Prenatal doctor visits
Absences due to
morning sickness
Postpartum recovery

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