FAMILY AND MEDICAL LEAVE	No. 3-29a	Rev. 6-2-94
		Date 5-9-93

I. REFERENCES

PPM 3-20, Vacations

PPM 3-21, Sick Leave

PPM 3-26, Maternity Leave

PPM 3-43, Insurance Benefits

PPM 3-45, Fringe Benefits

II. PURPOSE/SCOPE

A. To define Weber State University's policy and procedure with regard to family and medical leave. The University recognizes the occasional need for time away from work to participate in early childrearing, one's own serious illness, or the care of family members who have serious health conditions. This policy is intended to assist employees of the University in better balancing those family needs with work place demands.

B. The provisions of this policy shall not supersede any federal or state law that provides greater employee leave benefits and/or rights than are offered in this policy.

III. GENERAL

A. Employees who have been employed for at least one (1) year, and for at least 1,250 hours during the preceding 12-month period are eligible for family and medical leave. For employees not eligible for family and medical leave, Weber State University will review business considerations and the individual circumstances involved in light of other leave policies. Employees have a guarantee of returning to the same or to an equivalent position upon their return from leave.

B. Family or medical leave will consist of appropriate accrued paid leave and unpaid leave. If leave is requested for an employee's own serious health condition, the employee must use all of his or her accrued paid vacation leave and sick leave. If leave is requested for any of the other reasons listed in IV.A below, an employee must use all of his or her accrued paid vacation. The remainder of the leave period will then consist of unpaid leave.

C. Leave taken for serious health conditions may be taken on an intermittent basis (not all at one time) when medically necessary. Weber State University may require an employee on intermittent leave to transfer temporarily to an available alternative position for which the employee is qualified if the position has equivalent pay and benefits and accommodates recurring periods of leave more easily than the employee's regular position.

D. Intermittent leave cannot be taken for birth, adoption, or foster care purposes, unless the employee and Weber State University agree otherwise. If approved, leave for birth, adoption, or foster care purposes must be taken within 12 months of the birth or placement.

E. Weber State University may require the employee to obtain subsequent recertifications on a reasonable basis. An employee on family leave must notify his/her supervisor periodically of his/her status and intention to return to work. The supervisor has the authority to determine how often the employee must provide this notification.

IV. REASONS FOR LEAVE

A. All employees who meet the applicable time-of-service requirements may be granted a combined total of twelve (12) weeks of unpaid family leave, paid sick and vacation within a fiscal year for the following reasons:

1. the birth of the employee's child and in order to care for the child;

2. the placement of a child with the employee for adoption or foster care:

3. to care for a spouse, child under the age of 18 (or older when incapable of self care or parent who has a serious health condition; or

4. a serious health condition that renders the employee incapable of performing the functions of his or her job.

B. The entitlement to leave for the birth or placement of a child for adoption or foster care will expire twelve (12) months from the date of the birth or placement.

C. Where both spouses are employed by Weber State University, they are entitled to a combined 12 workweeks of family leave for the birth or placement of a child, for adoption or foster care, or to care for a parent who has a serious health condition.

V. APPLICATION FOR LEAVE

In all cases, an employee requesting leave must complete an "Application for Family and Medical Leave" and return it to the Human Resource Office. The completed application must state the reason for the leave, the duration of the leave, and the starting and ending dates of the leave.

VI. NOTICE OF LEAVE

An employee intending to take family or medical leave because of an expected birth or placement, or because of a planned medical treatment, must submit an application for leave at least thirty (30) days before the leave is to begin. If the leave is to begin in less than thirty (30) days, an employee must give notice to his or her immediate supervisor and to the Human Resource Office as soon as the necessity for the leave arises.

VII. MEDICAL CERTIFICATION OF LEAVE

A. An application for leave based on the serious health condition of the employee or the employee's spouse, child or parent must also be accompanied by a "Medical Certification Statement" completed by the applicable health care provider. The certification must state the date on which the health condition commenced, the probable period of duration of the condition, and the appropriate medical facts regarding the condition. If the leave relates to the employee's health, the certification must state that the employee cannot perform the functions of his or her job.

B. If the employee is needed to care for a spouse, child or parent, the certification must so state along with an estimate of the amount of time the employee will be needed.

VIII. BENEFITS COVERAGE DURING LEAVE

A. During a period of family or medical leave, an employee will be retained on the Weber State University health, life, and dental insurance plans under the same conditions that applied before leave commenced. If the employee's classification of employment did not qualify he/she for the plans, no such benefits will be provided. To continue health, life, and dental coverage, the employee must continue to make any contributions he or she made to the plan before taking leave. Failure of the employee to pay his or her share of the health, life and dental insurance premium may result in loss of coverage.

B. If the employee fails to return to work after the expiration of the leave, the employee will be required to reimburse Weber State University for payment of health, life, and dental insurance premiums during the family leave, unless the reason the employee fails to return is the presence of a serious health condition which prevents the employee from performing his or her job or to circumstances beyond the employee's control.

C. An employee is not entitled to the accrual of any seniority or employment benefits that would have accrued if not for taking the leave. An employee who takes family or medical leave will not lose any seniority or employment benefits that accrued before the date leave began.

IX. RESTORATION TO EMPLOYMENT

A. An employee eligible for family and medical leave will be restored to his or her old position or to a position with equivalent pay, benefits, and other terms and conditions of employment. Weber State University cannot guarantee an employee will be returned to his or her original job. A determination as to whether a position is an "equivalent position" will be made by Weber State University.

X. RETURN FROM LEAVE

An employee must complete a "Notice of Intention to Return From Family or Medical Leave" before he or she can be returned to active status. If an employee wishes to return to work prior to the expiration of a family or medical leave of absence, notification must be given to the employee's supervisor at least five (5) working days prior to the employee's planned return.

XI. FAILURE TO RETURN FROM LEAVE

The failure of an employee to return to work upon the expiration of a family or medical leave of absence will subject the employee to immediate termination unless an extension is granted. An employee who requests an extension of family leave or medical leave due to the continuation, recurrence or onset of her or his own serious health condition, or of the serious health condition of the employee's spouse, child or parent, must submit a request for an extension in writing, to the employee's immediate supervisor. This written request should be made as soon as the employee realizes that she or he will not be able to return at the expiration of the leave period.