UNIVERSITY OF PITTSBURGH POLICY 07-07-02

CATEGORY:              PERSONNEL
SECTION:                  Employee Leave Benefits
SUBJECT:                 Leave Under the Family and Medical Leave Act for Staff
EFFECTIVE DATE:   March 1, 2008 Revised
PAGE(S):                   3

I.    SCOPE

      This policy establishes family, medical, and servicemember family leaves of absence for

      staff in accordance with the Family and Medical Leave Act of 1993, as amended (the

      "Act").  Regular full- and part-time staff members who have worked for the University for at

      least 12 months and have been employed at least 1,250 hours during the 12-month period

      are eligible for this benefit.  Position reinstatement rights may not be available to key

      employees in certain circumstances as defined by the Act.

II.   POLICY

      The Office of Human Resources is responsible for administering benefits under the Family

      and Medical Leave Act and will provide information, upon request, concerning staff

      member rights and responsibilities.

      Guaranteed Leave Without Pay

      Eligible staff members are entitled to a total of up to 12 work weeks of guaranteed leave

      without pay during any 12-month period for one or more of the following:

      -     Birth, adoption, or care of a newborn child or placement of a foster child with the staff

            member

      -     Care of a seriously ill family member or because of the staff member's own serious

            health condition

      Eligible staff members are also entitled to up to 26 weeks of unpaid servicemember family

      leave during one 12-month period to care for a covered servicemember if the staff member

      is the spouse, son, daughter, parent or next of kin to the covered servicemember.  Such

      servicemember family leave shall only be available during a single 12-month period.
      Combined total leave under the Family and Medical Leave Act is limited to a total of 26

      weeks during the single 12-month period beginning with the first day of use of

      servicemember family leave.

      Covered servicemember means a member of the Armed Forces, including a member of the

      National Guard of Reserves, who is undergoing medical treatment, recuperation, or

      therapy, is otherwise in out-patient status, or is otherwise on the temporary disability

      retired list, for a serious injury or illness.

      Family members include parents, biological or adopted children, or spouse.  The term

      parent refers to a biological, foster or adoptive parent, a stepparent, or legal guardian.

      For medical leave, child means a biological, adopted, or foster child, a stepchild, a legal

      ward, or a child of a person standing in loco parentis, who is under age 18, or age 18 or

      older and "incapable of self-care" as defined pursuant to FMLA regulations.

      Medical leave, to care for oneself or a family member, and servicemember family leave may

      be used on an intermittent basis. However, leave taken for the birth, adoption, or care of a

      newborn child or placement of a foster child with the staff member cannot be taken

      intermittently.  Each staff member is eligible for one 12-week leave in any 12-month period,
      (with the exception of servicemember family leave), with the exception that if a husband and

      wife are both eligible for FMLA leave and are both employed by the University, they are

      limited to a combined total of 12 weeks of leave during any 12-month period if the leave is

      taken for: (1) the birth of the employee’s son or daughter or to care for the child after birth;

      or (2) placement of a son or daughter with the employee for adoption or foster care, or to

      care for the child after placement.  The 12-month period is determined by measuring

      backward from the date a staff member uses any family or medical leave.  A husband and

      wife who are both employed by the University are limited to a total of 26 weeks for

      servicemember family leave, and if leave taken by the husband and wife includes non-SFL

      leave under the FMLA, the non-SFL portion of the leave may also be restricted as

      described above.

      Notice to the University

      If the reason for requesting leave under the Family and Medical Leave Act is foreseeable,

      the staff member is required to provide not less than 30 calendar days notice of intent to

      take the leave.  If the need for the leave is unforeseeable, notice as is practicable is

      required.

      Medical Certification

      The staff member must submit to the University's third party provider the required

      certification or verification for the type of FMLA leave requested.  Such certification or

      verification must be provided within 15 days of its request by the third party provider.

      If the staff member fails to submit the required certification or verification in a timely

      manner, the staff member may not be approved to use leave under the FMLA, thereby

      jeopardizing the staff member's employment status.  In accordance with provisions of the

      Family and Medical Leave Act, the University reserves the right to obtain additional

      medical opinions.

      Use of Sick, Vacation, and Personal Days

      A staff member must use all accrued sick days, but may elect to use any or all accrued

      vacation and personal days, for all or part of the 12-week period.  Consistent with the Act,

      accrued vacation, personal, or sick days cannot be used to extend the protected leave.

      While on unpaid leave, the staff member does not accrue vacation or sick time.  Similarly,

      during a month in which the staff member uses accrued leave to receive a full month of

      pay during the leave, the staff member does not accrue vacation or sick time.

      Continuation of Medical Insurance Benefits

      During the approved leave, the University will continue to pay its share of medical insurance

      premiums.  If the staff member does not return to the University at the end of the 12-week

      unpaid leave, the staff member must repay to the University premiums paid on behalf of the

      staff member.  Recovery of premiums will be made consistent with the Family and Medical
      Leave Act.

      Life and Disability Insurance Benefits

      The staff member may elect to continue life and disability insurance by assuming payment

      of the total premium for the benefit for the duration of the leave.

      Return to Work

      Upon return from approved leave under the Family and Medical Leave Act, a staff member

      will be restored to the previously-held position with the same benefits and pay effective the

      date of the staff member's return to work.

      Extending a Family or Medical Leave

      A staff member unable to return to work at the end of leave under the Family and Medical

      Leave Act may request an extension of the leave for a period of up to an additional 60

      work days.  The University does not continue to pay its share of medical insurance

      premiums during this extended leave.  In addition, the University does not guarantee a

      staff member's position beyond the maximum leave period provided by the Family and

      Medical Leave Act.  The total leave cannot exceed 120 days.

III.  REFERENCE

      Procedure 07-07-02, Leave Under the Family and Medical Leave Act for Staff