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Family and Medical Leave Act of 1993 (FMLA)–Job protection

Policy Statement

All eligible employees may take unpaid job-protected leave under the FMLA for up to 12 workweeks during any 12-month period.

Reason for Policy

The purpose of this policy is to provide employees with a basic understanding of their rights and obligations under the FMLA.

Who is Governed by this Policy

Faculty and Staff who have been employed for at least 12 months and who have worked 1,250 hours during the 12-month period prior to the start of a leave period.

Policy

WNE provides family and medical leaves of absence without pay to all eligible employees who wish to take time off from work to fulfill family obligations relating directly to the birth or adoption of a child or the serious health condition of the employee, or of a child, spouse, or parent. FMLA runs concurrent with other leaves, i.e. PFML and STD. The University will use the “rolling” method to calculate the number of days available within the 12-month period.

Types of Family and Medical Leaves – Eligible employees will be allowed to take leave for:

  1. Birth or placement of child
  2. Care for sick family member (dependent child, parent, or spouse only)
  3. Eligible employee’s own illness
  4. Eligible employees are entitled to up to 12 weeks of leave because of “any qualifying exigency” arising out of the fact that the spouse, child, or parent of the employee is on active duty or has been notified of an impending call to active duty status, in support of a contingency military operation.

Procedures

An eligible employee must request family or medical leave at least 30 days in advance of the leave when possible. Where the need for a leave is not foreseeable, a request for leave must be made as soon as practicable. Requests for leave and any changes in related information must be forwarded to the Office of Human Resources.

If a request for leave is to care for a sick family member or for an employee’s own illness, a satisfactory statement from a physician that verifies the existence of the serious health condition must be provided to Guardian, WNE’s leave of absence provider. Requests for leave and any changes in related information must be forwarded to Guardian. 

Employees who need to file a claim for FMLA, PML and/or STD benefits, please contact Guardian directly by following the steps below:

  • Contact Guardian/TeleGuard at 1-888-889-2953, Monday–Friday, 7:00 a.m.–7:00 p.m. (this is the preferred and recommended option) or
  • File a claim online: Guardian Anytime claim submission at: Guardianlife.com—Submit a Claim
  • Group ID: 00567373
  • Please see below for information regarding claim status and follow up:

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Continuation of Eligible Employee Benefits–While using FMLA, employees will be able to maintain their current benefits as long as they make payments directly to Group Dynamics. Please contact HR for more information. 

Return and Reinstatement at End of Family or Medical Leave–If an eligible employee returns to work at or before the expiration of the 12-week family and medical leave period, they will be returned to the same position they held when the leave period began, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An eligible employee’s right to job restoration is subject to being treated as if they had been continuously employed during the leave period.

Related Information

See Short Term Disability, MA Paid Family Leave for possible coordination.

Document History

Policy Origination Date: January 30, 2023

Who Approved This Policy

Associate Vice President of Human Resources

Contact

Associate Director of Human Resources
Rivers Memorial