An authorized leave of absence does not generally
constitute a break in continuous service. The following leaves of absence are
the only types authorized by the University:
I. Leaves of Absence under the Family and
Medical Leave Act (FMLA)
Effective Date: 1/1/2010
Villanova University respects the personal obligations and
unforeseen events in the lives of our employees and will grant a leave of
absence to eligible employees as set forth in the Family and Medical Leave Act (FMLA
or Act).
FMLA leave runs concurrently with sick leave, short-term disability, workers compensation and parental/adoption leave.
Eligibility Requirements:
Employees eligible for FMLA leave are those who have worked for the University at least 12 months and
and for at least 1,250 hours during the 12 month period
immediately preceding the start date of the requested leave.
Qualifying Events:
In accordance with the FMLA, eligible employees may take up to 12 weeks of paid, unpaid or a combination of paid and unpaid leaves during any 12-month period under the following circumstances:
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For the birth of their child and to care for the
newborn child;
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For the placement and care of a child for adoption
or foster care;
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To care for the employee's spouse, son, daughter, or
parent with a "serious
health condition" as defined below;
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Their own "serious health condition" that makes them unable to perform the
functions of their jobs; or
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Any "qualifying exigency" arising out of the fact that the employee's spouse, son, daughter or parent is a
member of the National Guard or Reserves either on active duty or has been notified of an impending call or order to active duty
in the Armed Forces in support of a contingency operation or arising out of
the deployment of a member of the Regular Armed Forces to a foreign country.
In the case of (1) and (2), the leave to care for a newborn child or a
newly placed child must conclude
within twelve (12) months after the birth or placement.
The twelve (12) month period is measured forward from the the first day any absence covered under this FMLA program is taken as determined by Human Resources.
A "qualifying exigency" is defined as leave for: short-notice deployment; military events and related activities; childcare and school activities; financial and legal arrangements; counseling; rest and recuperation; and post-deployment activities.
In addition, the University will provide up to 26 weeks of paid, unpaid, or a combination of paid and unpaid leaves during any "single twelve (12) month period" to care for a spouse, son, daughter, parent, or next of kin (nearest blood relative) who is a member of the armed forces
or veteran and who is undergoing medical treatment or who is medically unfit to perform military duties due to a
serious injury or illness incurred during or aggravated by service on active duty,
and that began within five (5) years of active duty. This FMLA leave entitlement is applied on a per-covered
service member, per-injury basis, except that no more than twenty-six (26) workweeks may be taken in any single twelve (12) month period.
(Note: the "single twelve (12) month period" begins on the first day the
eligible employee takes this type of leave and ends twelve (12) months after
that date.)
Further, an eligible employee is limited to a combined total of twenty-six (26) workweeks of FMLA leave for any FMLA qualifying reason during the "single twelve (12) month period."
Villanova Married Couples
In the event that both spouses are eligible for FMLA leave and employed by the University, the couple is permitted to take a combined total of twelve (12) weeks of FMLA
leave during any 12-month period for the birth of a newborn, placement of a
child for adoption or foster care, or to care for a covered service member with
a serious injury or illness.
Parental/Adoption Leave
The eligible employee(s) may also qualify for leave under the University's Parental/Adoption Leave policy.
An employee, who is the child's primary caregiver, may be eligible to take up to
six (6) weeks of paid leave, inclusive of any FMLA leave, using his/her accrued,
available sick time for absences from work due to:
the care of the employee's newborn child;
the employee's adoption of a child or placement of a foster child with the employee and care for the employee's newly placed child.
Leave Requests:
Requests for family and medical leave must be made to the Human Resources
Department in writing, in accordance with the University's procedures, at least 30
days in advance for foreseeable events, where possible, and as soon as practicable for unforeseen circumstances.
In all cases, employees are required to use the University's normal call-in procedures
to notify their supervisor of the need to take leave.
Intermittent or Reduced Schedule Leave
An eligible employee does not need to use his or her FMLA leave in one consecutive block of time. FMLA leave may be taken intermittently or on a reduced schedule basis when medically necessary.
Employees requesting intermittent or reduced leave must make reasonable efforts to schedule the leave to minimize disruptions to their department.
FMLA leave due to a "qualifying exigency" may also be taken on an intermittent
or a reduced schedule basis. Each hour the employee reduces his or her schedule will be added towards the maximum 12-weeks or 26-weeks of unpaid leave.
Employees are permitted to take intermittent leave following the birth or placement of a child, at the discretion of the University, if agreed upon in advance with the employee's supervisor and Human Resources.
Employees on intermittent or reduced schedule leave may be temporarily transferred to a different position in which pay and benefits remains the same but the duties better accommodate the periods of leave.
When the leave no longer needs to continue, the University will then reinstate the employee to the same or equivalent position in which he or she was working when the leave commenced.
Medical Certifications:
When submitting requests for FMLA leave, employees must also include a health
care provider's statement verifying the need for FMLA leave and its beginning
and expected ending date. Any changes in this information should be promptly reported to the Human Resources Department. Employees returning from medical leave must also submit a health care provider's verification of their fitness to return to work.
Medical certifications must be submitted to the Human Resources Department. Under no circumstances are certification forms to be submitted to the employee's own supervisor.
The University may require a second or third medical opinion at the University's expense.
An employee will be required to provide periodic reports to the University of the employee's status and intent to return to work.
Medical Recertification:
Recertification generally may be requested every thirty(30) days, but only in connection with an absence that has occurred for the
medical condition for which the FMLA leave was requested. A recertification may be required at any time if an extension of a leave is requested, circumstances described in the last certification have changed, or the University receives information casting doubt on the employee's stated reason for an absence or the continuing validity of the last certification.
Definition of a Serious Health Condition:
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves inpatient care,
or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job,
or prevents the qualified family member from participating in school or other daily activities.
Subject to certain conditions, the continuing treatment required may be met by a period of incapacity for more than three (3) consecutive, full calendar days combined with at least
two (2) visits to a health provider or one (1) visit and a regimen of continuing treatment, or incapacity due to pregnancy or pre-natal care, or incapacity due to a chronic condition.
Other permanent and long-term conditions as well as conditions requiring multiple treatments, may also meet the definition of continuing treatment.
Compensation and Benefits:
FMLA leaves are without pay, except as provided below:
Employees may be eligible to receive, or the University may require employees to take, sick and vacation days concurrently with all FMLA leaves.
An employee's ability to use sick and vacation days concurrently with all FMLA leaves is also subject to the University's normal sick and vacation policies.
However, sick days may only be taken concurrently with FMLA for the employee's own serious health condition or for Parental/Adoption leave.
All sick days will be applied to the twelve (12) week maximum allowed under FMLA. the University will grant an additional period of unpaid FMLA to bring the total paid and unpaid to twelve
(12) weeks.
Employees granted leave will be required to use first at least one-half of the current year's vacation entitlement before taking unpaid leave. Employees may not
use vacation time for FMLA related purposes in order to lengthen the time off beyond twelve (12) weeks.
In addition, an employee may also be eligible for pay pursuant to the University's disability benefits plan or workers compensation payments, subject to their eligibility requirements and other terms, conditions, restrictions, and exclusions.
In such cases, the University will concurrently designate the period of time in which the employee receives those benefits as FMLA leave and count the time toward the employee's FMLA leave entitlement.
Subject to the terms, conditions, and limitations of the applicable plans, the University will continue to provide health and other group insurance benefits during the employee's leave of absence, provided the employee pays his/her share of the premiums.
Return to Work:
So that an employee's return to work can be properly scheduled, an employee on family or medical leave is requested to provide the University with at least
two weeks advance notice of the date the employee intends to return to work. When FMLA leave ends, the employee will normally be reinstated to the same position or an equivalent position with equivalent benefits, pay, and other terms and conditions of employment,
subject to the provisions of the Act. if an employee fails to return to work on the
agreed upon return date, the University will assume that the employee has voluntarily resigned from the University.
The University's Responsibilities Under the FMLA: FMLA Enforcement
The University will inform employees requesting leave whether they are eligible under FMLA. If an employee is eligible, the University will provide
a notice specifying any additional information required as well as the employee's rights and
responsibilities. If the University determines that the employee is not eligible, the University must provide
the employee with a reason for the ineligibility.
The University will inform the employee whether the leave requested will be designated as FMLA leave and the amount of leave that counted against the employee's FMLA leave entitlement.
If the University determines that the employee's leave is not FMLA protected, then the University will notify the employee.
The University cannot and will not interfere with, restrain, or deny the exercise of any right provided under FMLA, or discharge or discriminate against any person for
opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or relating to the FMLA.
Any employee who has concerns or complaints should contact the Human Resources
department. An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit.
The FMLA does not affect any Federal or State law prohibiting
discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.
For additional information: 1-866-4US-WAGE (1-866-487-9243); TTY 1-877-889-5627; www.wagehour.dol.gov.
Questions regarding this policy should be directed to the Human Resources Department.
II. Leaves Without Pay
Personal and Non-FMLA leaves may be requested as follows:
Employees who have at least one (1) year of service may request an unpaid leave
of absence of up to one (1) year in duration with the approval of your
supervisor, vice-president/director and the Director of Human Resources or
his/her designee. Those with less than one (1) year may request leave equal to
their length of service only. Upon return from such leave, at the University’s
discretion, an attempt will be made to refer you for open positions for which
you may be qualified. However, openings may not always be available. If a
placement in a position is made the attendant salary will be governed by the
University's requirements and compensation policies.
Seniority does not continue to accrue while using this leave. An
adjustment in seniority date will be made upon your return from a leave of
absence without pay. The adjustment is made in accordance with the length
of time that the employee is on leave without pay.
The University's contribution for benefits is not paid during these types of
leaves, although you may be eligible to continue your coverage by paying the
full group rate.
III. Military Leave
Villanova University complies with federal and state laws applicable to military
leaves.
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Eligibility
Employees are eligible for leave under this policy when
they are absent from work due to service in any of the Armed Services,
including Reserve units; the National Guard; the Commissioned Corps of the
Public Health Service; or any other category of service designated by the
President of the United States in time of war or emergency. For purposes of
this policy, “service” includes active duty, duty for training, inactive duty
for training, full-time National Guard duty, and absence to take an
examination to determine fitness for any of the foregoing types of duty. The
cumulative length of an employee’s military leave generally may not exceed
five (5) years, unless one of the legal exceptions to the five-year limitation
applies.
Staff members who have completed one day of regular employment with the
University immediately preceding the effective date of the requested military
leave, and who have been ordered to report to active duty on a specific date,
are eligible. Employees shall give advance written notice of the active
service, unless such notice is precluded by military necessity. Such notice
should include, when possible, a copy of the signed orders or authorization
mandating the absence.
Pay Status
If you are a member of the Military Reserve or National
Guard, you may apply for a leave of absence for the prescribed annual training
period (approximately two weeks per year) and/or required weekend duty. You
must advise your supervisor well in advance of the dates you will be required
to be absent from work. If you return to work at the beginning of the first
working day after your annual training period or weekend duty is finished, you
will be entitled to the difference between your military earnings and your
regular straight-time salary (if the former is less) for any time you were
regularly scheduled to work. When you return to work, you must submit proof to
the Payroll Office of the military earnings you received in order to be
compensated for the difference.
All other military leave is unpaid.
Benefits
Under certain circumstances in the case of active duty
other than active duty for training, the University will continue the health
insurance and other benefits of an individual for the first three (3) months
of a person’s military service.
Coverage for eligible employees and their dependents under
the University’s health insurance program in effect on the day before the
military leave begins will be continued. If the period of leave is less than
31 days, the employee will be required to contribute his/her regular portion
of group health benefit premiums. If the leave is for 31 days or more, the
University will continue the employee’s current coverage for three (3) months
(while the employee continues to pay his/her premium). At the beginning of the
fourth month, the employee will pay the COBRA rate (102% of the premium) for
another twenty-one (21) months (for a total of twenty-four (24) months). Any
employee who is preparing for a military leave should notify the Human
Resources department as soon as possible to discuss the handling of benefits
during this time away from work.
Return to active University service
Upon release from active military service under honorable
conditions, a staff member may return to employment with the University, if
he/she so desires. Insofar as it can be arranged, this return will be to the
staff member’s original position or to a position determined by the University
to be an equivalent position.
To take advantage of this privilege, the employee shall
notify his/her supervisor of the return date before the commencement of the
leave, if such date is known. If the return date is not known in advance, then
the request to return must be presented as soon as practicable, but in no case
later than:
- the first regularly scheduled work day that would fall eight (8) hours
after the employee returns home, for a leave of less than 31 days in length;
or
- 14 days after the completion of service for a leave of 31 through 180
days in length; or
- 90 days after the completion of service for a leave longer than 180 days
in length.
Special conditions for requesting return to active employment
apply for individuals hospitalized at the time of release from military service.
In this latter instance, contact Human Resources for guidance.
To ensure that timely consideration can be given with regard to returning the
staff member to employment, it is helpful if the employee can indicate his/her
intention to return to active University employment prior to the expiration of
the military leave of absence.
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