DATE ISSUED
02/01/94

DATE REVISED
01/29/08

PURPOSE

To define the policy and procedures of Saint Louis University with regard to leave required by the Family and Medical Leave Act of 1993 (FMLA).

POLICY

The FMLA provides eligible employees with up to 12 workweeks of unpaid job protected leave per rolling 12 month period for the following qualifying reasons:

When both spouses are employed by the University, the total amount of combined leave which may be taken for a birth, foster care, adoption, or a serious health condition of a parent is 12 weeks. All leave for a birth, foster care, or adoption must be taken within 12 months of the date of birth or placement. On the employee’s return from leave, he or she will be reinstated to the same or an equivalent job with the same pay, benefits, terms, and conditions of employment.

SCOPE

This policy applies to all eligible staff and faculty at Saint Louis University.

ELIGIBILITY

To be eligible for leave under this policy an employee must have been employed for at least 52 weeks in total, and must have worked at least 1,250 hours during the twelve-month period immediately preceding the commencement of the leave.

SCHEDULING LEAVES

Eligible employees may request to take FMLA leave consecutively, intermittently, or on a reduced leave schedule. Consecutive leave is taken for a continuous uninterrupted block of time, intermittent leave is taken at separate periods of time due to a single qualifying event, (i.e. doctor’s appointments, physical therapy, medical treatments, etc.) and reduced leave reduces an employee’s usual number of working hours per workday or workweek. An employee may be temporarily transferred to an available alternative position with equivalent pay and benefits which better accommodates the employee’s need for intermittent or reduced leave.

Employees requesting intermittent or reduced leave should consult with their supervisor to schedule the treatment at a time that does not unduly disrupt the operations of the department. Leave for a serious health condition of the employee or a covered family member may be taken intermittently or on a reduced leave schedule when medically necessary, provided the employee gives appropriate notice and submits the required medical certification from a health care provider. Intermittent or reduced leave for the birth or adoption of a child may be approved at the discretion of the appropriate department head.

PAY DURING FMLA

FMLA leave is generally unpaid leave. In order to be paid during an approved FMLA, Saint Louis University requires employees to substitute accrued paid leave for FMLA leave in accordance with University leave policies. Based on the qualifying condition, sick leave and/or caregiver accruals will be exhausted first, banked holidays second, and vacation accruals third, before an employee begins an unpaid leave portion of an FMLA leave.

With supervisor’s approval, a full-time staff employee may elect to extend their paid status during an FMLA leave. The employee may exhaust their paid leave at a rate of at least 64 hours bi-weekly for non-exempt employees or .8 FTE monthly for exempt employees, in order to maintain their status as a full-time employee, thus remaining eligible for University benefits. If the employee elects to exhaust their paid leave at a reduced rate, the employee must exhaust all vacation accruals before the completion of the FMLA leave.

BENEFITS

The University will pay its usual cost to continue the employee’s medical insurance and the base level of benefits provided under the life, accidental death and dismemberment, and long term disability insurance programs during any paid or unpaid FMLA qualifying leave. After 30 days of unpaid leave, employees must make arrangements with University’s benefits office to continue dependent medical and optional benefits coverage. You will have a minimum 30 day grace period in which to make payments for dependent medical and optional benefits coverage will be canceled. You will be notified in writing at least 15 days before the date that the dependent health coverage would lapse.

If the employee does not return to work for a minimum of 30 calendar days after FMLA leave, the employee will be required to reimburse the University for any health care premiums paid to continue the employee’s health insurance coverage during the unpaid leave portion of the FMLA leave. Reimbursement will not be required if the employee is unable to return to work due to serious health condition of the employee, son or daughter, spouse, or parent, or because of unforeseen circumstances beyond the employee’s control. The University may require certification within 30 calendar days of its request to substantiate that the employee is unable to return to work because of a serious health condition.

EMPLOYEE’S OBLIGATIONS

It is the employee’s obligation to provide timely notice and adequate information to allow the supervisor to determine whether the time requested qualifies as FMLA leave, including any required medical certification or recertification. If the employee fails to satisfy these requirements, leave may be delayed and lost work time will not be counted as protected FMLA leave and processed in accordance with other applicable policies including, but not limited to, vacation, sick leave, attendance and corrective counseling.

Notification