Purpose: The Family/Medical Leave Act was adopted by congress in 1993 to balance the demands of the workplace with the needs of employees and their families. This policy provided a mechanism for employees to access and the University to administer the benefits made available by this legislation

Under this policy, employees may use vacation or sick leave, leave without pay, or donated voluntary shared leave (for approved recipients only) for absences from work due to childbirth, adoption, or a serious health condition of an employee or an employee's spouse, child, or parent. A physician's certification is required if a serious health condition is involved. An employee's job and benefits are protected while an employee takes leave under this policy.

Scope: This policy applies to all employees, SPA and EPA, who have worked with the University or State government in a permanent or temporary capacity for at least 12 consecutive months without a break in service and who have worked at least 1040 hours (at least 20 hours per week) during the previous 12-month period. Employees who qualify are eligible for up to 12 work weeks of leave under this policy in any 12-month period. The 12-month period is computed by counting back 12 months from the date the leave begins.

For employees who are eligible, leave can be taken for any of the following reasons:

The birth of a child and to care for the child following birth, so long as the leave is taken within 12 months of the birth of the child.

To care for a child placed with an employee for adoption, so long as the leave is taken within 12 months of the placement.

To care for an employee's child, spouse, or parent, where that child, spouse, or parent has a serious health condition.

Because an employee has a serious health condition that makes the employee unable to perform the essential functions of his/her position.

Temporary Employees: Temporary employees generally are not eligible for family/medical leave. However, if by exception to the temporary employment policy a temporary employee has been employed for more than one year and if the employee has been employed for at least 1250 hours during the previous 12-month period, the employee is eligible to take leave under this policy.

Definitions:

Parent: A biological or adoptive parent or an individual who was in the position or place of a parent when an employee was a child.

Child: A son or daughter who is under 18 years old or is 18 years old or older and is incapable of self-care because of a mental or physical disability as defined by the Americans with Disabilities Act and who is

a biological child, or
an adopted child, or
a foster child (a child for whom an employee performs the duties of a parent), or a step-child (a child of an employee's spouse from a former marriage), or
a legal ward (a minor child placed by the court under the care of an employee as       guardian), or
a child or an employee to whom an employee is in the position or place of a       parent.

Spouse: A husband or a wife.

Serious Health Condition: is an illness, injury, impairment; physical or mental condition, that involves either inpatient care in a hospital, hospice, residential medical care facility, or that involves continuing treatment by a health care provider. If inpatient care is not required, absence from work (or school, in the case of a child) or incapacity from normal activities is part of the definition of "serious health condition." The period of actual physical disability associated with childbirth is considered a serious health condition and must be taken as family/medical leave, whether as paid or unpaid leave.

Reduced Work Schedule: is a work schedule involving fewer hours than an employee is normally scheduled to work. For example: A full-time employee requests a schedule of 30 hours a week rather than 40 hours a week.

Intermittent Work Schedule: is a work schedule in which an employee is not at work every scheduled work day but works on an irregular basis, usually to accommodate some form of regularly scheduled medical treatment.

Work Week: is the number of hours an employee is regularly scheduled to work each week. For example: A full-time employee is scheduled to work a 40-hour week.

POLICY:

l.    Length of Leave: An employee is entitled to 12 work weeks of leave in a 12-month period. Since a work week consists of the number of hours an employee is regularly scheduled to work each week, a reduced or intermittent work schedule may result in an employee's being on Family and Medical Leave for more than 12 calendar weeks.

For example: An employee normally works 40 hours each week. The employee asks for a reduced work schedule of 20 hours per week. Under Family/Medical Leave, the reduced work schedule may continue for up to 24 calendar weeks.

The employee's department is responsible for monitoring the length of Family/Medical Leave.

1.1    Documentation: If an employee works a reduced or intermittent work schedule and does not use paid leave to make up the difference between the normal work schedule and the new temporary schedule to bring the number of hours worked up to the regular schedule, the department must submit a Form PD-105 showing a change in the number of hours the employee is scheduled to work.

The department must inform the employee that a reduced or intermittent work schedule, in which paid leave does not bring the employee up to his/her regular schedule of hours worked, will result in the employee earning leave at a reduced rate. The comments section of the PD-105 must indicate that this reduction is being processed under the Family/Medical Leave Policy, and if applicable, that the employee is to remain on the health plan.

2.    Leave Charges: An employee has several options on how leave is taken under this policy, including vacation leave, sick leave, donations of voluntary shared leave, and leave without pay (LWOP). In some cases, the specific situation will limit the options which are available.

2.1    Medical Reasons for an Employee: Before going on sick leave for medical reasons concerning the employee, an employee first must exhaust all available sick leave. The employee then may choose to exhaust available vacation leave or use any portion of it before going on leave without pay. If an employee's illness extends beyond the required 60-day waiting period for short-term disability, the employee may choose to exhaust the balance of available vacation leave or to begin drawing short-term disability benefits, if the employee has been approved for the Disability Income Plan.

2.2    Medical Reasons Other Than Birth of a Child: For the illness or injury of an employee's child, spouse, or parent, an employee may choose to exhaust available sick and/or vacation leave or any portion or go on leave without pay.

2.3    Birth of a Child: For the birth of a child, an employee may choose to exhaust available vacation and/or sick leave or use any portion of it or go on leave without pay. These options are available to both parents. However, sick leave may be used by the parent(s) only during the period of the mother's physical disability prior to and following the birth of a child.

2.4    Adoption: For the adoption of a child, an employee may choose to exhaust available vacation leave or any portion or go on leave without pay.

2.5    Counting the 12-Week Leave Period: Periods covered by paid leave, leave without pay (including LWOP while drawing short-term disability benefits), and voluntary shared leave count toward the 12 work weeks of leave to which an employee is entitled under this policy.

2.6    Reduced or Intermittent Work Schedules: An employee may work a reduced or intermittent work schedule because of his or her own serious health condition. When it is determined to be medically necessary, an employee also may request permission to work on a reduced or intermittent schedule to care for the employee's spouse, child, or parent who has a serious health condition. (For definitions of "reduced work schedule" and "intermittent work schedule," see Family and Medical Leave "Definitions" in this section.)

Reduced or intermittent work schedules are possible under this policy for child birth or for adoption only when the employee and supervisor agree to such a schedule. If a reduced or intermittent work schedule is not agreed to, the employee's absence must be accounted for by coding either paid or unpaid leave.

If a reduced or intermittent work schedule is foreseeable based on planned medical treatment, the supervisor may temporarily reassign an employee to a vacant position with the same pay and benefits and which better accommodates the reduced or intermittent work schedule. The employee is entitled to be reinstated to his/her former position once the reduced or intermittent work schedule and/or temporary reassignment has ended.

3.    Employee Responsibility: An employee must complete a "Request for Family Medical Leave Form" and submit the completed form to his/her supervisor to apply leave under this policy.

3.1    Medical Reasons: For planned medical treatment necessitated by the serious health condition of an employee or an employee's spouse, child, or parent, the employee must make a reasonable effort to schedule treatment in the least disruptive way possible. If practicable, an employee should give at least 30 days' advance notice of the need for leave.

3.2    Birth or Adoption: For birth or adoption an employee shall, if at all possible, give the supervisor at least 30 days' advance notice of the need for leave, subject to the actual date of birth or adoption. If 30 days' notice is not possible, an employee should give written notice of the need for leave as soon as practicable.

3.3    Failure to Return From Leave: An employee should notify the supervisor in writing if he/she will not be returning from leave as planned. Failure to report back to work at the end of the scheduled leave may be considered as a voluntary resignation.

4.    CERTIFICATION -

Serious Health Condition: A request for leave due to a serious health condition of an employee, or an employee's child, spouse, or parent must be supported by a physician's certification which includes:

the date the serious health condition began or was diagnosed;

the probable duration of the condition;

appropriate medical facts regarding the condition; and

a statement that the leave is needed to care for the child, spouse, or parent; and an estimate of the amount of time that care will likely require; or a statement that the employee is unable to perform the essential functions of the position, whichever is appropriate.

Where a reduced or intermittent work schedule is requested due to planned medical treatment, the tentative date(s) on which treatment is to be given and the approximate duration of treatment and its possible effects on the employee must be included in the physician's certification.

4.1    Subsequent Physicians' Certification: In the event the department head needs additional information or has reason to doubt the validity of the first certification, the department head may require an employee to submit to a second medical examination. The second physician shall be designated by the University. Expenses associated with a second examination will be paid by the University.

If the second opinion is different from the first certification, the department head shall require an employee to be available for a third medical examination. The third physician shall be designated by both the employee and the department and will be at the department's expense. The third physician's opinion is final and binding on the department and the employee.

The department may require, on a reasonable basis, subsequent recertifications at its expense during the period of leave.

4.2    Adoption: For purposes of adoption, a request for leave under this policy must be supported by reasonable proof of the adoption. Reasonable proof includes documentation from the licensed adoption agency or court documents.

4.3    Location of Medical Certifications: All medical documentation under this policy is maintained in the Personnel Office. Medical documentation under this policy is kept separate from employee personnel files and is confidential.

5.    Employment and Benefits Protection: An employee's job and benefits are protected during the period of family/medical leave, whether taken as vacation leave, sick leave, voluntary shared leave, leave without pay, or any combination.

5.1    Return to Employment: An employee must be reinstated to the same position held when the leave began or one of similar salary grade, pay, benefits, and other conditions of employment. During the period of leave, the department may require reports from the employee at reasonable intervals on his/her status and intention to return. Before returning from leave, the employee must have a physician or other health care provider's certification that he/she is able to work and perform the essential functions of the position.

If a permanent employee's position has been abolished during the period of family/medical leave due to a reduction in force, the employee is not entitled to reinstatement. However, an employee is eligible for severance pay and layoff priority. Supervisors must contact an employee as soon as it is known that an employee's position is being eliminated.

5.2    Leave Without Pay Beyond the 12-Week Period: Leave without pay beyond the 12- week period or for employees who are not covered by this policy is administered under the leave without pay policy in this section. Employees on leave without pay not administered under the Family/Medical Leave Policy who participate in the State of North Carolina Health Insurance plan or a health maintenance organization are required to pay the full premium (including the University's contribution) in order to continue health insurance coverage during the period of leave without pay.

5.3    Health Benefits: The University shall maintain coverage for an employee under the State of North Carolina's group health insurance plan or health maintenance organizations for the duration of family/medical leave at the level and under the conditions coverage would have been provided had an employee not taken leave. Coverage is maintained even if the employee uses leave without pay for some or all of the leave period.

If an employee returns to work and remains at work for at least 30 calendar days following the end of the period of family/medical leave, the employee is not required to repay the health insurance premiums.

If an employee fails to return at the end of the period of leave, the University may recover its portion of the health insurance premiums paid on the employee's behalf.

5.4    Other Benefits: All benefits (e.g., leave earnings, retirement service credit) will continue to accrue during any period of paid leave. However, no benefits will accrue during any period of leave without pay.

An employee must be reinstated without loss of benefits that had accrued when the leave began. Employees who go on family/medical leave with more than 240 hours of vacation leave and who do not choose to use vacation leave, will have all vacation leave over 240 hours automatically converted to their sick leave balance if they return to work in the new calendar year.

5.5    Procedure for Collecting Medical Insurance Premiums: If an employee goes on family/medical leave without pay, the Human Resources Office will notify the employee by letter of the guidelines for payment of medical insurance premiums normally paid by the employee and of the circumstances (example: not returning to work after an FMLA leave) under which the employee may be required to repay the University for the payments made.

If an employee separates from employment under circumstances that require the employee to repay medical insurance premiums (see "Health Benefits" in the section), the Human Resources Office will send the employee a registered letter (return receipt requested) explaining the employee's obligation to repay the health insurance premiums to the University, setting out the amount of premiums to be repaid, and to whom the payment should be made. The letter will inform an employee that an employee's social security number may be used if further collection efforts are needed.

If the employee has not responded within 30 calendar days from receipt of the letter, the University Accounting Office will turn the collection effort over to the North Carolina Department of Revenue. The Department of Revenue will hold the claim and apply it against any North Carolina State income tax refund subsequently due the employee.

5.6    Failure to Repay, Employment with Another State Agency or University: If an employee does not respond to the initial registered letter and the University learns that an employee is now working with another State agency or university, the Business Office will pursue collection efforts under the State Employee Debt Collection Act. The University will notify the employing agency or university that our former employee separated without repaying the University for health insurance premiums. The letter will notify the employing agency that the State Employee Debt Collection Act requires that the employee be terminated unless the claim is settled with The University of North Carolina at Pembroke.