FAMILY AND MEDICAL LEAVE
For many workers in this country, the Family and Medical Leave Act (which took effect in August 1993) represents a major change. They no longer fear losing their jobs if they take time off for the birth or adoption of a child, for their own serious illness, or for the serious health condition of a family member.
Since Pace University employees have already had the opportunity to use accrued paid leave, or to request unpaid leave, for childbirth, adoption, and family illness, the new federal law does not significantly change our leave policies. It does, however, require the University to maintain accurate records of an employee's use of family/medical leave, which is defined as any leave (paid or unpaid) for a reason covered by the law.
CIGNA is the administrator for both Short-Term Disability leave and for Family and Medical Leave as of September 1, 2010. (If a Short-Term Disability claim is medically certified, it will also count as time taken under the Family and Medical Leave Act.) Please contact CIGNA directly, at 1-888-842-4462, to file a claim.
- All employees who have been employed at least 12 months and have worked a minimum of 1,250 base hours (excluding over-time) during the preceding (12 months) are eligible.
- Pace University will provide Family and Medical Leave to eligible employees who require time off from work to provide care made necessary by:
- The birth of a child of the employee
- The adoption of a child by employee
- The serious health condition of family member, which includes a spouse, child, (step-child, adopted child, foster child), parent, foster parent step parent, parent in-law, legal guardian, grandparent, brother or sister.
- The serious health condition of the employee
A "serious health condition" means an illness, injury, impairment or physical or mental condition which requires inpatient care in a hospital, hospice or residential medical care facility, or continuing medical treatment or continuing supervision by a health care provider.
Length of Family And Medical Leave
- Eligible employees are entitled to a maximum of 12 workweeks of leave in any 12month period. The 12 month time period begins on the date that the Family and Medical Leave commences. Should less than 12 weeks of leave be taken, employees may utilize the remaining weeks for allowable Family and Medical Leave reasons within the 12 month period
- In case of the birth or adoption of a child, the employee may commence the leave at any time within one year of the date of the birth or adoption.
- FMLA leave may be taken for intermittent or reduced period of times in ½ day increments. In the case of the birth or adoption of a child, the intermittent leave must be approved by the supervisor.
- To be eligible for the leave, the employee must:
- In the case of a birth/adoption, notify the Department Head at least thirty (30) days prior to the commencement of the leave unless emergency circumstances warrant shorter notice.
- In the case of a serious health condition, notify the Department Head at least fifteen (15) days prior to the commencement of the leave, unless emergency circumstances warrant shorter notice.
- An employee returning from a Family and Medical leave of absence will be reinstated to the same or equivalent position he/she held at the commencement of the leave with the same terms and conditions that existed when the leave commenced. However, in the event of a lay-off or reduction force during the leave, and employee would not be entitled to any benefit he/she would not have been entitled to had he/she not been on leave. In addition, restoration may be denied if the employee is among the highest paid 5% of employees of the University, and the employer can demonstrate that restoration will cause substantial and grievous economic injury to its operation.
- There will be no University contribution to benefits, other than the employee’s health plan, while on Leave.
The employee’s health plan shall be continued during the duration of a Family and Medical Leave on the same terms and conditions prior to the leave. Pace has the right to recover health coverage premiums paid for an employee who fails to return from leave, except if the reason is the continuation, recurrence, or onset of a serious health condition, or something else beyond the employee’s control. This is subject to certification.
- Health care premiums can be paid up-front or through separate billings while on leave.
- As an unpaid leave, there will not be any vacation accrual.
- Employees have the right to utilize their current year’s earned and other paid leave vacation allotment and accrued personal days concurrently with their FMLA leave.
- Spouses who are both employed by the University are entitled to a total of 12 workweeks of leave (rather than 12 weeks each) for the birth or adoption of a child or for the care of a sick relative.
- Employees on a Family and Medical Leave may not work full-time for another employer during any period of leave, unless he/she performed those same services prior to beginning the leave.
FMLA Request Form (PDF)
FMLA Medical Certification Form (PDF)
Employees who have at least one year of service may request a personal leave without pay for a maximum of 6 months. Personal leave may be granted for reasons such as:
- Parental obligations
- Family matters
- Community service
- Education or training
For leaves due to serious health conditions or the birth or adoption of a child , or for other reasons that are covered by the Family Medical Leave Act, employees are required to exhaust their leave time under the University Family and Medical Leave Policy before requesting a personal leave of absence.
Requests for a personal leave must be made in writing to the supervisor at least 30 days in advance of the proposed leave date and should include the reasons for the request. When reviewing the request, supervisors will consider the department's operating needs as well as the employee's job performance and length of service.
For leaves of less than one calendar month the University normally guarantees the individual a return to the same position. For leaves that extend beyond one calendar month, the University cannot guarantee that the employee will return to the same position. If it is necessary to fill the position permanently while the employee is on personal leave, the University will make a reasonable effort to assist the employee in locating another position at the University.