Definitions
For purposes of this policy, the following definitions apply:
Federal Family and Medical Leave
Spouse - a husband or wife as defined according to applicable
state or local law.
Parent - includes biological parents and individuals who act
as parents, but does not include parents-in-law.
Son or daughter - includes biological, legally adopted, foster
children, stepchildren, legal wards, and other persons for whom the employee
acts as parent. The son or daughter must be under 18 years old; or
age 18 or older and incapable of caring for him or herself.
Serious health condition - any illness, injury, impairment, or
physical or mental condition that involves:
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any incapacity or treatment connected with inpatient care
-
any incapacity requiring absence from work of more than three calendar
days and continuing treatment by a health care provider
-
continuing treatment by a health care provider for a chronic or long- term
condition that is incurable or so serious that if untreated would likely
result in incapacity of more than three days, and for prenatal care.
District of Columbia Family and Medical Leave
Child - individuals up to age 21, individuals over age 21 who
are incapable of caring for themselves, and individuals up to age 23 who
are full-time individuals at an accredited college or university.
Serious Health Condition - a physical or mental illness, injury,
or impairment that involves:
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inpatient care in a hospital, hospice or residential care facility; or
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continuing treatment or supervision by an at-home health care provider
or other competent individual
Eligibility
An employee is eligible for family and medical leave after completing
one year of employment without a break in service except for holidays or
other paid leave. The employee must have worked at least 1,000 hours
during the 12 months preceding the request for family or medical leave
or at 50% status, whichever is less.
Federal Family and Medical Leave Law
Provides eligible employees entitlement to a total of 12 workweeks
of family and medical leave combined during any 12- month period when leave
is taken for one or more of the following reasons:
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The birth of a son or daughter of an employee and to care for the child.
(Entitlement expires 12 months after birth.)
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The placement of a son or daughter with an employee for adoption or foster
care. (Entitlement expires 12 months after placement.)
-
To care for the spouse, son, daughter, or parent of an
employee, if the family member has a serious health condition.
-
An employee is unable to perform the functions of his or her position because
of the employee's own serious health condition.
Employees may use federal family and medical leave to care for a seriously
ill family member or because of the employee's own serious health condition
whenever medically necessary. Leave may be used on an intermittent
or a reduced leave schedule if certified as medically necessary by the
attending health care provider.
District of Columbia Family Leave Law
Provides eligible employees entitlement to a total of 16 workweeks
of family leave and 16 workweeks of medical leave during any twenty-four
month period. Family leave can be taken for one or more of the following
reasons:
-
The birth of a son or daughter of an employee and to care for the child.
(Entitlement expires 12 months after birth.)
-
The placement of a son or daughter with an employee for adoption or foster
care. (Entitlement expires 12 months after placement.)
-
The placement of a child for whom the employee permanently assumes and
discharges parental responsibility. (Entitlement expires 12 months
after placement.)
-
Serious health condition of persons related by blood, legal custody or
marriage.
-
Serious health condition of a child who lives with an employee and
f or whom the employee assumes and discharges parental responsibility.
-
Serious health condition of a person or persons with whom the employee
shares or has shared within the last year a mutual residence and with whom
the employee maintains a committed relationship.
Medical leave can be taken for a serious health condition that makes the
employee unable to perform his or her job functions.
For employees who work in jurisdictions outside D.C., local or
D.C. law will apply, whichever is more generous.
Coordination of Federal and District of Columbia leave
Federal family and medical leave and District of Columbia family and
medical leave run concurrently and cannot be used consecutively if leave
is covered under both laws.
Substitution of Paid Leave
All family and medical leave (federal, state, or local) is unpaid,
although an employee may substitute University paid leave, may apply for
short- and/or long-term disability benefits or may be eligible for workers'
compensation benefits. Employee use of such paid leave or disability
benefits is counted against an entitlement for the applicable 12-or 24-
month period.
Calculation of the Leave Period
The leave period begins on the first work day of the employee's first
qualifying leave within the past 12-or 24-month period, as applicable.
Continuation of Benefits
During an approved family/medical leave, the University will maintain
the employee's health and other insurance benefits as if the employee continued
to be actively employed. Employees on paid leave will continue to
have the contributory portion of the premium deducted from the paycheck.
If the employee is on unpaid leave, he or she is responsible for paying
the employee contribution directly to Human Resources for the remainder
of the leave period.
If the employee elects not to return to work at the end of a leave that
is covered under the Federal Family and Medical Leave Act only, the employee
will be required to reimburse the University for the cost of the premiums
paid by the University for maintaining coverage during the leave; however,
this payment will be waived if the employee cannot return to work because
of a serious health condition or other circumstances beyond his or her
control.
An employee on family/medical leave is not eligible for COBRA coverage
during the leave. If the employee does not return from the leave
and terminates employment, he/she is eligible for COBRA coverage.
Notice of Leave
If the need for family/medical leave is foreseeable, the employee
must give the University 30 days prior written notice. Where the
need for leave is not foreseeable, the employee must notify the supervisor
as soon as possible.
Medical Certification
When an employee requests family/medical leave because of the employee's
own serious health condition, or the serious health condition of a covered
relative, the employee must provide appropriate medical certification (as
requested by the University) in a timely manner. Failure to provide
satisfactory medical certification may result in denial of leave until
appropriate medical certification is provided.
Returning from Leave
An employee returning from a medical leave due to his or her own serious
health condition must supply satisfactory medical certification from the
health care provider clearing the employee to return to work.
An employee returning from an approved family/medical leave will be
restored to the same position that the employee held when the leave started,
or to an equivalent position, with equivalent benefits, pay and other terms
and conditions of employment. |
