Hamline Policies

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Family and Medical Leave

Department responsible: Vice President and General Counsel and Human Resources

Adopted by: Board of Trustees

Owner: Vice President and General Counsel and Human Resources

Pertains to: Employee (all)

Description: Employees with at least 12 months of employment and at least 1,250 hours worked with the university during the 12 month period immediately preceding the commencement of the leave may be eligible for a total of 12 work weeks of unpaid family or medical leave during the applicable 12 month period.

Details:

Family and Medical Leave Policy

Employees with at least 12 months of employment and at least 1,250 hours worked with the university during the 12 month period immediately preceding the commencement of the leave may be eligible for a total of 12 work weeks of unpaid family or medical leave during the applicable 12 month period. For the purposes of calculating the applicable 12 month period under the Family and Medical Leave Act (FMLA), a “rolling” 12 month period measured backward from the date an employee uses leave under the FMLA will be used. Leave may be taken for one or more of the following reasons:

  • Because of the birth of the employee’s son or daughter and in order to care for the child.

  • Because of the placement of a son or daughter with the employee for adoption or foster care.

  • In order to care for the employee’s spouse, son, daughter or parent who has a serious health condition.

  • Because of a serious health condition that makes the employee unable to perform the functions of the position.

A “serious health condition” usually requires either inpatient or continuing treatment by or under the supervision of a health care provider. The employee must follow the University’s usual and customary requirements for requesting a leave of absence, including completing a leave of absence request in writing and giving at least 30 days written notice, where possible. The completed form must indicate why a leave of absence is needed and the anticipated duration of the leave of absence (including starting date and return date).

If an employee requests a leave for the serious health condition of the employee, the employee’s spouse, child or parent, the employee will be required to submit a medical certification form (generally within 15 calendar days of the University’s request). The University may require a second and third opinion in certain cases. The employee may also be required to provide reasonable documentation or a statement of family relationship to support a request for family leave.

The employee may be required to make periodic reports regarding their status and intent to return to work. The University may also require the employee to submit subsequent recertification, and if requested, the employee must usually provide the recertification within 15 calendar days after the request.

During the FMLA leave, the employee is required to pay the employee’s share of premiums to maintain any health benefits under the University’s group health plan. The employee must contact the Department of Human Resources to make arrangements to pay the premiums. Failure to pay the premiums as required may result in termination of the employee’s and any dependent’s group health benefits. The leave may be taken on an intermittent or reduced schedule basis for the birth or adoption of a child; for serious health conditions to the employee; or for an eligible family member if medically necessary. The employee must advise the University upon request why such a leave is necessary and provide information regarding the schedule for treatment. The employee must attempt to work out a schedule which meets the University’s needs without unduly disrupting the University’s operations consistent with the advice of the employee’s health care provider.

Employees who may qualify for FMLA leave must provide the University with reasonable notice of any changed circumstances which may affect the leave within two (2) business days of the changed circumstances.

Prior to returning from an FMLA leave for employee’s own serious health condition, the employee may be required to submit a release to return to work. The release must be submitted within 15 calendar days of the University’s request. Failure to provide the release may delay the employee’s return to work.

Employees returning from an FMLA leave may be eligible for reinstatement. However, reinstatement may not be granted in certain circumstances, including “key employees”, or in the case of job elimination or other situations.

An employee who needs time off work for any of the reasons covered by this policy should notify and contact the Department of human Resources for the appropriate forms which need to be completed.

This policy is intended to comply with the FMLA and the terms used in this policy are used as defined by the FMLA and applicable law.