Family Medical Leave & Employee’s Serious Health Condition
Pacific University provides family leave in compliance with federal (FMLA) and state (OFLA) laws. Employees who have been employed for six months and who work an average of 25 hours per week may take an extended leave up to 12 weeks in any twelve month period for the following reasons:
- The employee's serious health condition that makes the employee unable to perform their job functions, including incapacitation due to pregnancy.
- To care for a child, spouse, same-sex domestic partner, parent, parent-in-law, grandparent or grandchild who suffers from a serious health condition.
- To care for a sick child with an illness or condition that requires home care, but is not a serious health condition
- Taking physical custody of an adopted child or foster child under the age of 18 (parental leave)
- To spend time with the employee’s new born child within a year of the child’s birth (parental leave)
- Any qualifying exigency arising out of the employees spouse, child, or parent in the Armed Forces serving on active duty or receiving notification of an impending call or order to active duty. Additionally, an employee who is the spouse, child, parent or next of kin of a member of the Armed Forces who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness incurred in the line of active duty is entitled up to 26 weeks (during a single 12 month period) of protected leave to care for the recovering service member.
A female staff member who takes leave for a pregnancy related disability may take up to an additional 12 weeks for any OFLA qualifying purpose. A written medical opinion from the employee's treating physician is required for any employee requesting pregnancy leave or accommodation.
Employees who use a full 12 weeks of parental leave may use up to 12 additional weeks in the same year for sick child leave.
With the exception noted above, the maximum amount of leave that can be taken is 12 workweeks in a 12 month period. The 12 month period begins on the first day of the leave. The 12 weeks do not have to be taken all at one time and may be taken intermittently or on a reduced work schedule when medically necessary.
Compensation and Benefits During Family Medical Leave
You are required to use any paid leave for Family Leave, which includes sick and vacation. The leave will be paid by utilizing any paid time in this order: 1) vacation, 2) floating holidays, 3) sick.
In the case of “parental leave,” or “care for a family member”, you are required to use any accrued vacation time first, then you must use sick time. If you have used all your vacation and sick time, you must also use your floating holidays. Use of vacation time does not extend the maximum leave allowance of 12 weeks in a 12-month period.
Short term disability will be used if the leave is over 14 days. If none of the above options are available the leave is unpaid.
Your medical insurance will be paid by the University during the leave. If you pay for dependent care and a portion of your leave is unpaid you must make arrangements with the Human Resource Office for payment.
Vacation and sick leave will continue to accrue as long as the employee is in paid status for at least 80 hours per month. Holiday pay will be paid as long as the employee is in paid status for at least 80 hours per month.
When you need to report a leave of absence due to FMLA or state leave, Pacific University has partnered with The Standard to guide you through the steps needed to ensure a smooth absence. A step-by-step Frequently Asked Questions guide was developed to help you report an absence with Standard Insurance Company. Please be aware that the leave process through Standard MUST be initiated in a specific way. You must call the Absence Management Service Center at 866.756.8116 or login at www.standard.com/absence. Review the FAQ guide before contacting Standard Insurance Company.
Follow the steps outlined in the guide if you become disabled or need to file for a leave of absence from work. Once you initiate a leave of absence case with The Standard, you’ll be able to access the Absence Management Service Center online or via telephone.
All leaves directed to Standard Insurance Company will be communicated to Human Resources by Standard Insurance Company. Aside from communicating and coordinating the leave with your supervisor, you do not have to take additional steps to inform Human Resources of your absence.
When should you report an absence? Contact The Standard if you are or will be absent from work due to any of the following reasons:
- Your own serious health condition (including pregnancy)
- To care for your newborn child
- The placement of your adopted or foster child
- To provide care for a qualifying family member with a serious health condition
- To care for a covered service member injured in the line of duty
- For qualifying military exigency, allowing family members to take leave to prepare for or deal with issues that arise as a result of a family member being called to serve in the military
For all other absences, please follow the normal Pacific University’s absence reporting procedures and notify your department head or manager.
Obtain instructions to report a qualifying absence in the FMLA Frequently Asked Questions guide.
An employee granted Family Leave will be returned to the same position or, if that position has been eliminated, another available and suitable position.
Failure to return to work at the end of the leave will result in termination for job abandonment. If an employee gives notice of the intent to terminate their employment during the leave, the leave entitlement will continue if the original need for the leave continues, but the employee gives up their reinstatement rights.