Medical Leave

Wilkes University in accordance with the Family and Medical Leave Act of 1993 provides medical leaves of absence to eligible employees who are temporarily unable to work due to a brief illness or injury (less then 3 days) or unpaid leave for a serious health condition or disability (3 or more days). For purposes of this policy, serious health conditions or disabilities include inpatient care in a hospital, hospice, or residential medical care facility; continuing treatment by a health care provider; and temporary disabilities associated with pregnancy, childbirth, and related medical conditions.

Employees may request medical leave for a serious health condition only after having completed 365 calendar days of service and after having provided at least 1,250 hours of service in a year. Employees should make requests for medical leave to their supervisors at least 30 days in advance of foreseeable events and as soon as possible for unforeseeable events.

Employees requesting medical leave related to a serious health condition are required to submit a health care provider's statement verifying the need for medical leave, its beginning and expected ending dates, and the estimated time required. Employees may obtain this form from the Human Resources Development Office and must return it to same office within 15 calendar days of receipt. Any changes in this information should be promptly reported to the employee's supervisor. Employees returning from medical leave must submit a health care provider's verification of their fitness to return to work to the Human Resources Development Office and a copy to their supervisor.

Employees are normally granted leave for the period of the disability, up to a maximum of 12 weeks within a 12-month "roll-back" period (the 12-month period measured backward from the date an employee uses any leave under this policy). Any combination of medical leave and family leave (Policy #602) may not exceed this 12-week limit. If the initial or maximum (12 week) period of approved medical absence proves insufficient, consideration will be given to a request for an extension. If an employee remains out of work because of his/her health condition after the approved twelve-week medical leave has been exhausted, there is no guarantee that the employee's position will be held open. Extended medical absence due to a serious health condition may also be considered under Worker's Compensation (#306), as applicable, Short-term Disability (#318), as applicable. Short-term disability leave offers greater benefits (e.g. partial salary continuance) and job protection than those provided under the Family and Medical Leave Act.

NOTE: Employees will be required to use any accrued paid leave time (e.g., sick, vacation, personal) when on medical leave. Supervisors should report employee medical leave as "sick" leave when reporting time and attendance information to Payroll.

Medical leave runs concurrently with any other applicable insurance benefits or leaves (e.g. worker's compensation, short-term disability). Employees who sustain work-related injuries are eligible for a medical leave of absence for the period of disability in accordance with all applicable laws covering occupational disabilities.

Subject to the terms, conditions, and limitations of the applicable plans, Wilkes University will continue to provide health insurance benefits (the flexible benefits budget portion) for the period of the approved medical leave. While on unpaid medical leave, the employee is responsible for the same portion of medical insurance premiums prior to such leave. These premium payments must be made in accordance with the University's semi-monthly pay date schedule, as if they would have been made through payroll deduction. Health insurance premiums will not be considered as pre-taxed while on unpaid medical leave.

Group Life and Long Term Disability Insurance benefits will continue for the period of the approved medical leave. Benefit accruals, such as vacation leave, sick leave and holiday benefits, will not continue during the approved medical leave period for which the employee receives less than "full" pay.

So that an employee's return to work can be properly scheduled, an employee on medical leave is requested to provide Wilkes University with at least one week advance notice of the date the employee intends to return to work. When a medical leave ends, the employee will be reinstated to the same position, if it is available, or to an equivalent position for which the employee is qualified.

If an employee fails to return to work on the agreed upon return date, Wilkes University will assume that the employee has resigned.

Employees may obtain additional information on The Family and Medical Leave Act of 1993 at the Human Resources Development Office.

Policy No.  601  Effective Date:  3/1/2004  Revision Date:  8/23/2005