Medical Leave Policy published by The Johns Hopkins University Human Resources Today / October 1995 In response to the Family and Medical Leave Act that became law effective August 5, 1993, and was later revised April 6, 1995, the following Family and Medical Leave Policy has been approved by JHU management and will be included in the Personnel Policy Manual, currently being revised.
Family and Medical Leave Policy
I. Family and Medical Leave Policy
Statement A. The birth of a child and to care for the newborn child during the first year following birth. B. The placement of a child with the employee for adoption or foster care. C. The employee need to care for a family member (child, spouse, or parent) with a serious health condition. D. The employee s own serious health condition makes the employee unable to perform at least one essential function of his or her job.
II. Eligibility
III. Period of Leave
A. Spouse: husband or wife B. Son or daughter: a biological, adopted or foster child, a stepchild, a legal ward or a child of a person standing in loco parentis, who is either under age 18 years of age, or age 18 or older and who is incapable of self-care because of a mental or physical disability. C. Parent: the biological parent of an employee, legal guardian or an individual who stands or stood in loco parentis to an employee when the employee was a child. An employee is limited to leave for two parents. Parents-in-law are excluded. D. Serious health condition: an illness, injury, impairment, or physical or mental condition that (1) involves a period of incapacity or treatment in connection with, or subsequent to inpatient care; or (2) requires "continuing treatment" by a health care provider and includes one or more of the following (A) absence from work, school or other regular activities for more than three consecutive days; (B) any period of incapacity due to pregnancy, or for prenatal care; (C) any period of incapacity or treatment for an incapacity due to a chronic serious health condition; (D) a period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective; or (E) any period of absence to receive multiple treatments by a health care provider or by a provider of health care services under orders of a health care provider. E. Health Care Provider: A doctor of medicine or osteopathy authorized to practice medicine or surgery and others determined by the Secretary of Labor--contact divisional Human Resources Office for additional information.
V. An eligible employee is entitled to leave for the
following circumstances:
Upon the health care provider s release to return to work or the exhaustion of accrued sick leave, whichever occurs first, the birth mother must charge the absence to accrued vacation leave. When paid leave is no longer available, the birth mother must charge the absence to leave without pay. 2. The father must charge leave to accrued vacation leave. If additional leave is desired and vacation leave is exhausted, the father is eligible for a leave of absence without pay. If a son or daughter has a serious health condition, see V.C. 3. Leave may be taken only within 12 months of the birth. 4. If the birth mother and the father are employed by the University, their aggregate leave is limited to 12 weeks. If the son or daughter has a serious health condition, see V.C. 5. Leave taken intermittently or a reduced leave schedule is available only upon the prior, written agreement of the employee and the supervisor. If the son or daughter has a serious health condition, see V.C. If the mother has a serious health condition, see V.D. 6. Notice: The employee must provide at least 30 days advance notice before the date on which the leave is to begin. If the employee is unable to provide at least 30 days notice, the employee must provide such notice as is practicable, i.e., within two days of learning of the need for leave. Family and medical leave forms are available in the divisional Human Resources Offices.
2. Leave may be taken only within 12 months of the placement. 3. If both parents are employed by the University, their aggregate leave is limited to 12 weeks. If the parents cannot agree on the leave taken by each, the University will base the decision on the reason for the request, length of service of the employees and impact on University operations. 4. Leave taken intermittently or a reduced leave schedule is available only upon the prior, written agreement of the employee and the supervisor. 5. Notice: The employee must provide at least 30 days advance notice before the date on which the leave is to begin. If the employee is unable to provide 30 days notice, the employee must provide such notice as is practicable, i.e., within two days of learning of the need for leave. Family and Medical leave forms are available in the divisional Human Resources Offices. 6. The employee must provide written evidence of the placement. In the case of foster care, documentation of state action is required.
Following the exhaustion of the 12 days of sick leave, the absence must be charged to accrued vacation leave. If additional leave is desired and vacation leave is exhausted, a leave of absence without pay is available. 2. If the leave is requested because of the illness of a child or of the other spouse, each spouse is entitled to 12 weeks of leave. If both spouses are employed by the University and the leave is to care for a sick parent, their aggregate leave is limited to 12 weeks. If the employees cannot agree on the leave taken by each, the University will base the decision on the reason for the request, length of service of the staff member and impact on University operations. 3. The university may require documentation to confirm the family relationship. 4. Leave may be taken intermittently or on a reduced schedule if medically necessary. If an employee s request for intermittent leave is foreseeable based on planned medical treatment, the supervisor may require the staff member to transfer temporarily to an alternative position, with equivalent pay and benefits, that better accommodates recurring periods of leave than the employees s regular position.
5. Notice: If the leave is foreseeable based on
planned medical treatment, the employee is required to make
a reasonable effort to schedule the treatment so as not to
disrupt unduly the operations of the University. The
employee is required to provide at least 30 days advance
notice, or if the treatment is to occur in less than 30
days, the employee must provide such notice as is
practicable.
6. Certification: An employee must provide written
certification of a serious health condition of a family
member. Medical certification forms are available in the
divisional Human Resources Offices. The certification should
be provided no later than the time the leave begins and must
be provided within 15 days of the request for medical
certification. Subsequent recertification may be required
at 30-day intervals, or if the reason for or duration of the
leave changes.
7. Medical opinions: The University may, at its own
expense, require a second medical opinion by a health care
provider designated by the University.
2. Leave may be taken intermittently or on a reduced schedule if medically necessary. If an employee s request for intermittent leave is foreseeable based on planned medical treatment, the supervisor may require the employee to transfer temporarily to an alternative position, with equivalent pay and benefits, that better accommodates recurring periods of leave than the employee s regular position. 3. Notice: If the leave is foreseeable based on planned medical treatment, employees are required to make a reasonable effort to schedule the treatment so as not to disrupt unduly the operation of the University. The employee is required to provide at least 30 days advanced notice, or if the treatment is to occur in less than 30 days, the employee must provide such notice as is practicable. Family and Medical Leave forms are available in the divisional Human Resources Offices.
4. Certification: An employee must provide written
certification of a serious health condition. The
certification should be provided not later than the time the
leave begins and must be provided within 15 days after
medical certification is requested. Medical certification
forms are available in the divisional Human Resources
Offices. Subsequent recertification may be required at 30-
day intervals, or if the reason for or duration of the leave
changes.
5. Medical opinions: The University may, at its own expense,
require a second medical opinion by a health care provider
designated by the University.
A. If an employee applies for long-term disability benefits for an illness or injury that also meets the criteria for a serious health condition, the waiting period absence will run concurrently with the Family and Medical Leave.
B. If an employee is absent for job related illness or
injury for which he/she is eligible to receive workers
compensation benefits and the illness or injury also meets
the criteria for a serious health condition, the absence for
job related illness or injury will run concurrently with
Family and Medical Leave.
VII. Benefits
2. In the event the employee is approved for an intermittent or reduced schedule, benefits eligibility will be based upon original status at the time the new schedule is initiated, except for leave that will be accrued on a pro rata basis.
2. Employees on a leave of absence without pay are not paid for holidays that occur during the leave. 3. Employees on leave of absence without pay exceeding 30 calendar days will have their salary review date adjusted accordingly, or their salary increase prorated.
Health benefits continue through the employee s leave. In the event the employee is in a leave without pay status, health benefits will be continued but the employee will be required to pay the employee s portion of the premium. If the employee does not return to work following the leave, he/she may be required to reimburse the University for premiums paid during the leave.
D. Tuition grant/tuition remission
VIII. Return to work B. If the leave was required due to a health condition of the employee, a written release stating the employee is fit to return to duty from the health care provider is required. C. When practicable, the employee is requested to contact the supervisor at least two weeks prior to the expiration of the leave to indicate intent to return to work. The employee must provide a minimum of two days notice of intent to return to work.
IX. Notes B. Request for leaves of absence for employees not eligible for leave under this policy may be made in accordance with Section 16 of the Personnel Policy Manual. C. Staff and administrators are encouraged to contact their divisional Human Resources Offices regarding qualification, eligibility, entitlement to leave, maintenance of health benefits, job restoration, notice and medical certification, fitness to return to duty, intermittent leave, and application of this policy.
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