In accordance with the Federal Family and Medical Leave Act (FMLA) of 1993 (revised January, 2009), Clark University has established a policy to allow employees to take a period of leave (generally not to exceed 12 weeks) for the care of their own serious health condition or that of specific family members as defined under FMLA. Employees are eligible if they have worked at Clark University for at least one year, and/or a minimum of 1,250 hours during the previous 12-month period. The University requires that the employee use any earned sick or personal leave or vacation time, as indicated allowable below [see sections a) through d)], before taking leave as unpaid.
Requests for Family Medical Leave by contacting our authorized leave vendor as soon as practicable. Authorized leave vendor will coordinate the leave process in partnership with the Office of Human Resources and Organizational Excellence. Employees are asked to provide a minimum of 30 days advance notice when the leave is “foreseeable” such as a pregnancy, planned surgery, etc. You may be required to submit a medical certification of either your own or family member’s illness. You may also be required to present a fitness-for-duty certificate before we restore you to employment if you took leave for your own serious health condition.
FMLA leave may be granted for the following reasons:
- For incapacity due to pregnancy, prenatal medical care or childbirth;
- To care for the employee’s child after birth, or placement for adoption or foster care
- To care for the employee’s spouse, child or parent who has a serious health condition
- For a serious health condition that makes the employee unable to perform his/her job
- Military family leave entitlements (see details below)
For purposes of this policy, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, 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 requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Please refer to the U.S. Department of Labor, Wage & Hour Division Publication 1420 (revised January 2009) for more details on employee rights and responsibilities under this law. This notice is posted at the Office of Human Resources and Organizational Excellence.
FMLA leaves may be approved for a maximum of 12 weeks in a 12-month period (see exception for military service members below). For purposes of this policy, a “rolling” 12-month period will be used, measured backwards from the date an employee uses any family care leave. Spouses who are both employed by the University are allowed a combinedtotal of 12 weeks of family care leave within a 12-month period for the care of a newborn or adopted child. If leave is requested due to the illness of a child, a spouse, or a parent, then each spouse will be allowed 12 weeks of leave.
- Employee or Family member illnesses: For the care of a sick family member, employees may utilize up to 10 days of paid sick time; the remainder of the 12 weeks leave would be unpaid. For the employee’s own illness, he/she would be required to utilize all earned sick, personal and vacation time available before going on an unpaid leave.
- Pregnancy or Parental Leave, including adoption: Employees on pregnancy or parental leave are entitled to up to 12 weeks of leave. Employees may use available sick, personal and vacation time during the leave. During any portion of the leave that is unpaid, employees will be responsible for the cost of their benefits. FMLA leave will run concurrently with leave taken pursuant to the Massachusetts Maternity Leave Act.
- Military Family Exigency: Eligible employees with a spouse, son, daughter or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation are eligible for 12 weeks of leave. Employees may use up to 8 weeks of earned sick time during this 12-week period, as well as any earned vacation time, or take leave without pay. During any portion of the leave that is unpaid, employees will be responsible for the cost of their benefits. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, etc.
- Military Service Member Illness or Injury: FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. Employees may use up to 8 weeks of earned sick time, and 4 weeks of vacation time during the first 12 weeks of this leave; the remainder of the leave is unpaid. During any portion of the leave that is unpaid, employees will be responsible for the cost of their benefits. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who had a serious injury or illness incurred in the line of duty while on active duty that may render the service member medically unfit to perform his/her duties for which the service member is undergoing medical treatment, recuperative, or therapy; or is in outpatient status, or is on the military’s temporary disability retired list.
Since FMLA requires the continuation of your current health/dental benefits during leave, you need to continue paying your normal premium contribution to avoid a lapse in coverage. If you are not receiving a salary via earned sick or vacation leave, your payments are due at the same time they normally would be made by payroll deduction. If your payment is more than 30 days late, your group health insurance may be cancelled, provided you receive 15 days written notice that coverage will lapse. If you decide not return to work at the end of your 12-week leave, you will be required to reimburse the University for its share of group health insurance premiums during the leave.
Employees, who are on leave without pay for longer than one pay period (two weeks), will be responsible for payment to the University for their continued life, health and disability insurance; and may receive a prorated amount of normally earned vacation and sick time.
At least one week prior to their date of return, employees are expected to notify their supervisor and the Office of Human Resources and Organizational Excellence. It is expected that the employee will provide the Office of Human Resources and Organizational Excellence Office with a medical “return-to-work” release from their provider on/before the date of their return. At the completion of the approved FMLA leave period, an employee will be reinstated to his/her former position or a position of equivalent classification and pay within the University. If the position has been eliminated (due to a reduction in the work force or other operational change, under circumstances applying equally to other similar positions in the department), efforts will be made to find other suitable employment at the University
It is not permissible to be gainfully employed elsewhere while out on FMLA leave. Any employee doing so will be considered to have voluntarily quit without notice and to not be in good standing at the time of leave.
Questions relating to the provisions and eligibility requirements for family care leave should be directed to the Office of Human Resources and Organizational Excellence.
