Santa Clara University

Policy 614 - Family and Medical Leave

STATEMENT

Under the Family and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act (10/01/93) an employee will be granted a family or medical leave in accordance with the requirements of applicable state and federal law in effect at the time the leave is granted. No greater or lesser leave benefits will be granted than those set forth in such state or federal laws. Employees will be eligible for the most liberal benefits available under either law.

PROCEDURE

Employee Eligibility

To be eligible for family and medical leave benefits, an employee must:

• have worked for a total of at least twelve (12) months, and
• have worked at least 1,250 hours over the previous 12 months.

Leave Availability

Eligible employees may receive up to a total of 12 work weeks of leave during a rolling 12-month period for one or more of the following reasons:

• the birth of a child, and to care for a new born child, during the first year of life; placement of a child for adoption or foster care, and to care for an adopted child or child in foster care, during the first year;
• care of a spouse or person who stands in substantially the same relationship, parent, son or daughter with a serious health condition; and/or anyone with whom the employee has an in loco parentis relationship; (note: if both parents, biological or adoptive are Santa Clara University employees working in the same department, leave will be granted to only one parent at a time.);
• an employee’s own serious health condition that renders the employee unable to perform the functions of the employee’s job.

"Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves either:

• any period of incapacity or treatment in connection with or consequent to inpatient care (i.e., an overnight stay) in a hospital, hospice or residential medical care facility;
• any period of incapacity requiring absence from work, school, or other regular daily activities of more than three calendar days that also involves continuing treatment by (or under the supervision of) a health care provider; or
• continuing treatment by (or under the supervision of ) a health-care provider: for a chronic or long term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days.

Under some circumstances, employees may take family and medical leave intermittently, which means taking leave in blocks of time, or by reducing their normal weekly or daily work schedule.

Pregnant employees may have the right to take a pregnancy disability leave (refer to the Disability Leaves Policy) in addition to a family leave; such employees should contact Human Resources regarding their individual situations.

Notice and Certification Requirements

Employees seeking to use family and medical leave may be required to provide: 30 days advance notice when the need for the leave is foreseeable; medical certification (both prior to the leave and prior to reinstatement); periodic recertification; and periodic reports during the leave.

Employees requesting a family or personal medical leave should contact Human Resources regarding their individual situations and to get information regarding the specific notification and approval requirements for their leave. In addition, a Request for Leave of Absence form should also be submitted. For purposes of short and/or long term disability, all medically related leaves are subject to approval by the appropriate plan provider.

Compensation During Leave

Family and medical leave is generally unpaid. A family or medical leave will be paid only to the extent of the employee’s eligible accumulated sick leave in coordination with either the State or Voluntary Disability Insurance, Worker’ Compensation, Social Security Disability and the Santa Clara University Long term disability plan, as applicable. The use of accrued vacation, if sick leave has been exhausted, is at the discretion of the employee.

RESPONSIBILITY

Employees should inform supervisors whenever they believe their need for leave may be covered by the Family and Medical Leave Act or other local jurisdiction’s laws. Supervisors are responsible for determining when a request for leave is covered by this policy, and if so, promptly informing the employee orally within 2 business days and in writing within the next pay period. In addition, supervisors are responsible generally for complying with the terms and conditions of this policy and the applicable federal, state, and local laws. Human Resources is responsible for the interpretation and administration of this policy.

RESOURCE

Please refer to the Pregnancy Disability (622) and Industrial Disability (615) leave policies for procedures related to specific leave applications. Contact Human Resources if you have questions or if you would like more information regarding this benefit.

Policy Approved: October 23, 1998

Last Updated: October 28, 1998
Maintainer: Human Resources