Apply Now : Contact Us : Give to SLU : Jobs : mySLU : SLU Home
Saint Louis University



















Human Resources

Policies

Family and Medical Leave Act - "FMLA"

 

DATE ISSUED
02/01/94

DATE REVISED
11/18/09

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

Saint Louis University will provide up to 12 weeks of unpaid, job protected leave to eligible employees for the following reasons:


Basic Leave Entitlement
  • For incapacity due to pregnancy, prenatal medical care or child birth;
  • To care for the employee's child after birth, or placement for adoption or foster care;
  • To care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or
  • For a serious health condition that makes the employee unable to perform the employee's job

Military Family Leave Entitlement

  • Qualifying Exigency Leave will be extended to eligible employees whose spouse, son, daughter, or parent is a member of any branch of the military, including the National Guard or Reserves and who was deployed or called to active duty in a foreign country. The eligible employee may be granted up to a total of 12 workweeks of unpaid leave during the University's normal 12 month FMLA period to address certain qualifying exigencies. The reasons for which an eligible employee can take qualifying exigency leave are for short-notice deployment, military events and related activities such as official ceremonies, childcare and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and additional activities to address other events which arise out of the covered military member's active duty or call to active duty status.

  • Military Caregiver Leave may be granted to eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. Military caregiver leave is available to eligible family members of veterans who were members of any branch of the military at any time within five years of receiving medical treatment that triggers the need for military caregiver leave. In addition employees who are family members of current service member or veteran who are undergoing medical treatment, recuperation, or therapy for a serious injury or illness incurred in the line of duty may take caregiver leave of up to six months as long as the veterans were members of the military within five years of receiving such treatment. This means that a family member can take up to 26 weeks of FMLA leave to care for a veteran if he or she seeks medical treatment for a serious service-related injury or illness, incurred while in the line of duty, within five years of serving in the military. The 12 month period begins when the employee begins using caregiver leave. In addition military caregivers leave is for a family member whose pre-existing injury or illness was aggravated while on active duty. As for veterans, the definition requires that the injury or illness may manifest itself before or after the Armed Forces member became a veteran.

SCOPE

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

ELIGIBILITY REQUIREMENTS

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.

DEFINITION OF A SERIOUS HEALTH CONDITION

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee form performing the functions of the employee job, or prevents the qualified family member from participating in school or other daily activities.

The continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider within 30 days of the first day of incapacity, or one visit and a regimen of continuing treatment. The first (or only) in-person visit must occur within 7 days of the first day of incapacity. Exceptions may be made to these time requirements for extenuating circumstances beyond the employee's control.

Continuing treatment also includes any period of absence involving prenatal care visits, incapacity due to pregnancy, incapacity or treatment for a qualified chronic condition (requires 2 or more annual visits to a health care provider), multiple treatments for restorative surgery after an injury, multiple treatments for a condition that is likely to result in incapacity of more than 3 consecutive calendar days absent medical intervention or treatment, and permanent or long-term incapacity due to a condition for which treatment may be ineffective.

EMPLOYEE RESPONSIBILITIES

Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and must comply with the normal call-in procedure. The employee must also complete and submit a Request for Family & Medical Leave Form and provide sufficient information for the employer to determine if the leave may qualify for FMLA protection including the anticipated timing and duration of the leave. The employee must submit either form WH-380E Certification of Health Care Provider for Employee's Serious Health Condition or form WH-380F Certification of Health Care Provider form Family Member's Serious Health Condition to the physician to be filled out. Certification will be required annually for medical conditions that last longer than a year. Recertification may be requested for any ongoing condition every 6 months in conjunction with an absence. Completed FMLA forms should be faxed to Phyllis Basler at fax number 314-977-1785 or mailed to: Salus Center, Phyllis Basler, Human Resources, 3545 Lafayette, 1034A, St. Louis, MO 63104-1314. FMLA forms are located on the HR web site under forms at: http://www.slu.edu/services/HR/hrforms.html

If the employee fails to satisfy these requirements, leave may be delayed and lost work time will not be counted as FMLA leave and processed in accordance with other applicable leave policies including, but not limited to, vacation, sick leave, attendance, call-in, reporting, and corrective counseling.

UNIVERSITY RESPONSIBILITIES

Human Resources will review the Request and Certification form and notify the employee within 5 business days whether the leave will be designated as FMLA-protected. If they are eligible, the notice must specify any additional information required as well as the employee's rights and responsibilities. It they are not eligible, Human Resources will provide a statement explaining the reason(s) for ineligibility. An employee giving notice of the need for FMLA leave does need to expressly assert rights under the Act or even, mention FMLA to meet his or her obligation to provide notice.

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 used first according to the leave policies, banked holidays second, and vacation accruals third before an employee is in unpaid status (i.e. they are not receiving a paycheck).

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.

FITNESS FOR DUTY CERTIFICATION OR RELEASE TO RETURN TO WORK

A fitness for duty certification or release to return to work is required for employees on FMLA leave before they are allowed to return to work. The certification specifically addresses the employee's ability to perform the essential functions of their job. Second, where reasonable job safety concerns exist, a fitness-for-duty certification may be required every 30 days for employees on intermittent leave or reduced schedule leave.

FMLA FORMS

All FMLA forms are located on the Human Resources web site at: http://www.slu.edu/services/HR/hrforms.html or you can contact Phyllis Basler in the HR department at 314-977-3949.


SLU Home : Contact Us : Disclaimer
©1818 - 2008 SAINT LOUIS UNIVERSITY
1-800-SLU-FOR-U		 Learn about the fleur-de-lis