3.2.1 Family & Medical Leave

Policy Section: Leaves of Absence

Policy Number and Title: 3.2.1 Family & Medical Leave
Applicable to: All Regular Employees
Effective Date: July 1, 2012
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Policy Description

In accordance with the federal Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA), the University provides a family and medical leave of absence for up to 12 weeks in any 12-month period to any eligible regular, full-time or part-time employee. The University guarantees that at the end of an approved leave, the employee can return to the same position, or to one that is equivalent in rank, salary and benefits, and other terms and conditions of employment. Depending on the circumstances, the leave may be paid, unpaid or a combination of paid and unpaid, and where applicable is charged concurrently under the appropriate disability leave program, as described elsewhere in this policy.

Application of This Policy

Eligibility
To be eligible, employees must have a total of one year of service as regular employees, have been actively employed by the University during the 12-month period immediately preceding the beginning of the leave and have worked at least one-half the normal annual schedule prior to the start of the family and medical leave. (Under the law certain highly compensated salaried employees are eligible for leave, but are not guaranteed restoration to their positions if they choose to take leave.) 
Reasons for Leave
Family and medical leave can be used by all eligible employees for the following circumstances:
  • care of the employee's newborn child
  • placement of a child with the employee for adoption or court approved foster care
  • care of a family member with a serious health condition
  • a serious health condition which prevents the employee from working or performing the essential functions of the job
Duration of Leave
Unpaid family and medical leave can be granted for up to a maximum of 12 weeks within a consecutive 12-month period. Family and medical leave is also available, with supervisory approval, on a reduced or intermittent basis (see below for the definition of reduced or intermittent schedule).
Benefits Status
During the period of family and medical leave, all regular benefits, which include health and life insurance and service credits for pension, are maintained. The employee is responsible for paying any additional premiums required for the insurance coverage selected.

Definitions

Family Member
  • spouse or same-sex domestic partner (University policy provides leave for the care of a domestic partner who has filed a Statement of Domestic Partnership in the Office of Human Resources.)
  • child includes biological, adopted, foster, stepchild, legal ward (where the employee provides day-to-day care and financial support for a child who is under 18 years old or an adult with a mental or physical disability, or an adult who was in a parent relationship to the employee when the employee was a child. Biological or legal relationship is not necessary.)
  • parent includes biological, foster, adoptive parents, stepparents, parents-in-law and legal guardians or an individual who has served in a parent relationship to an employee.
There may be circumstances where an exception to the definition of family is warranted. (For family members not covered by this policy, see 3.2.2 Personal Leave [without pay].)
Health Care Provider
Any person licensed under federal, state or local laws to provide health care services. 
Intermittent Leave
Nonconsecutive leave taken in blocks of time from at least one-hour to several weeks at a time and should not exceed 12 weeks over a 12-month period. 
Reduced Schedule
Nonconsecutive leave during which time an employee may work fewer days per week or fewer hours per day during the standard workweek. 
Serious Health condition
An illness, injury, impairment, or physical or mental condition that involves either:
  1. inpatient care in a hospital, hospice or residential medical facility or
  2. continuing treatment by a health care provider.
A serious health condition requires the patient to be under the supervision of a health care provider but does not require active treatment. For employees, conditions or illnesses that affect the employee's health to the extent that they must be absent from work on a recurring basis, or for more than a few days for treatment or recovery, are covered. For family members, conditions or illnesses that require the employee to provide care during a period of treatment are covered.

  • Policy Pages:
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