General Leave of Absence and Family/Medical Leave Act
- Types of Leave
- Approval Procedure
- Holding Positions
- Extending a Leave
- Return to Work
- Employees Unable to Perform Work
- Accrued Paid Time-Off
A leave of absence may be granted to maintain continuity of service when extenuating circumstances require an employee's absence. A staff employee with 6 or more months of service is eligible for a general leave of absence in up to 12- week or three month increments to a maximum period equal to one's length of employment but for no longer than two years.
- Under the Family and Medical Leave Act (FMLA), an employee, after working 12 months (not necessarily consecutive) and 1,250 hours actively worked (does not include leave hours, holiday hours, etc.), is eligible for up to 12 weeks of unpaid leave, on a rolling calendar year basis, unless circumstances allow paid-time-off banks to be used.
Loyola University uses the "rolling" 12-month method for calculating FMLA leave, which is measured backward from the date an employee uses any FMLA leave. Each time an employee takes FMLA leave the remaining entitlement would be any balance of the 12 weeks, which has not been used during the immediately preceding 12 months.
The following is an example of how the rolling 12-month FMLA leave would be administered:
If an FMLA eligible employee has taken eight weeks of leave during the past 12-months, an additional four weeks of leave could be taken. If an employee used four weeks beginning February 1, 2005, four weeks beginning June 1, 2005, and four weeks beginning December 1, 2005, the employee would not be entitled to any additional leave until February 1, 2006. However, beginning on February 1, 2006, the employee would be entitled to four weeks of leave, on June 1 the employee would be entitled to an additional four weeks, etc.
- The birth of a son or a daughter and to care for the child;
- Placement of a child with the employee for adoption or foster care;
- Care for a spouse, son, daughter, or parent, if such family member has a serious health condition; or
- The employee's own serious health condition.
- To use any of their 12 weeks allotment to take leave because of any qualifying exigency (as defined by the Department of Labor at a later date through regulation) arising out of the fact that the spouse, son, daughter or parent of the employee is on active duty or has been notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation;
- To take up to 26 weeks of leave during a single 12-month period to care for a spouse, son, daughter, parent or next of kin with illness or injury incurred in the line of duty while in the Armed Forces or National Guard or Reserves.
- Effective January 1, 2017, general and personal leaves of absences, and Family & Medical Leaves covered by the Family and Medical Leave Act are administered by Matrix Absence Management.
- General, personal, and FMLA leave of absences must be requested 30 days prior to the start of the leave, where the reason for the leave is foreseeable. Up to 12 weeks of FMLA- approved leaves may be granted within a 12 month period.
|General Leave||FMLA Leave|
If the leave is for 30 days or less, whether paid or unpaid, the position will be held open. For any leave beyond 30 days, the position may be filled by submitting a requisition to the Campus Human Resources Department.
The department will generally hold the job open for 12 weeks or until the employee returns, whichever is sooner. If the position is not held, an equivalent position must be provided by the department or component/division. If the employee is granted an extension beyond 12 weeks, the position may be filled, and the rules of the FMLA will not apply.
|General Leave||FMLA Leave|
A request for an extension of a leave requires the written approval of the department/component head and the Human Resources manager at least two weeks prior to the expiration date. If a leave expires prior to the employee's return, the employee is considered to have terminated voluntarily.
If an FMLA leave is approved for less than 12 weeks, it may be extended up to the 12 week maximum by contacting Matrix Absence Management for FMLA re-certification. The employee will be informed what additional information may be needed to certify the request. If the leave is approved for a period exceeding 12 weeks, the reinstatement provisions of the FMLA will not apply, and the procedure covering the extension of general leaves is applicable. If the position has been filled, the employee may apply for any open position for which he or she is qualified upon return.
|General Leave||FMLA Leave|
Two weeks prior to the end of the leave, the employee shall contact his or her department to determine whether the former position is still available. If the former position is not open, the employee may apply for any open positions for which he or she is qualified. There is no guarantee of reinstatement or re-employment.
The position generally will be held open for a maximum of 12 weeks. An employee returning within the 12 weeks will be reinstated in the same or an equivalent position in the department or component/division. A request to fill any position open due to an approved FMLA leave requires the approval of the Campus Human Resources Director and the Vice President of Human Resource Management.
- For example, if an employee is absent from work for maternity reasons, accrued sick leave will be used to compensate the employee in accordance with the provisions of the Sick Leave Policy. When sick pay is exhausted or the employee is no longer medically disabled, any unused personal or vacation time is payable.