Purpose

Lindenwood University (the “University”) is covered under the federal Family and Medical Leave Act (FMLA) and complies with all FMLA regulations. This policy provides employees with information concerning FMLA entitlements and obligations employees may have during such leaves.

Scope

This policy applies to University employees, subject to applicability and eligibility set forth in detail below.

Policy

1. Employee Eligibility

   • To be eligible for FMLA leave, employees must have worked at the University for 12 months and have worked at least 1,250 hours in the 12 months prior to taking FMLA leave, and work at a location where the employer has at least 50 employees within 75 miles.
   • Previous periods of employment with the University can be counted to meet the 12-month service requirement. Employment periods prior to breaks in employment of seven years or more are not counted unless such breaks are due to National Guard or Reserve military duty. Employees who return to work from National Guard or Reserve military are credited for the time that they are on military leave to meet the 1,250 hours of service.

2. Reasons for FMLA Leave

   • The FMLA provides eligible employees to take up to 12 workweeks (or 26 workweeks, as provided below) of unpaid, job-protected leave within a 12- month period for certain family and medical reasons with continuation of group health insurance coverage, on the same terms and conditions as if an employee had continued to work. The 12-month period is determined based on a rolling 12-month period measured backward from the date an employee uses the FMLA leave. Leave may be taken for one or more of the following reasons:
     • 12 weeks in a 12-month period for:
       • The birth of a child and to bond for the newborn within one year of birth;
       • The placement with the employee of a child for adoption or foster care and to bond for the newly placed child within one year of placement;
       • To care for the employee’s spouse, -son or daughter, or parent who has a serious health condition;
       • A serious health condition that makes the employee unable to perform the essential functions of their job;
       • Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty,”
     • 26 weeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin.
   • Employees can take FMLA leave for their biological, adopted, or foster children, stepchildren, legal wards, or children for whom they stand in place of a parent (in loco parentis). Children must be under age 18 unless they are incapable of self-care because of mental or physical disabilities (as defined under the federal Americans with Disabilities Act) at the time that FMLA leave begins.
   • Employees can take FMLA leave for their biological, adoptive, or foster parent or stepparent or a person who stood in place of their parent (in loco parentis) for them when they were children. Employees cannot take FMLA leave for parents-in-law or other relatives, though family and medical leave rights under state and local laws may set different standards.
   • FMLA defines a serious health condition as an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a healthcare provider. Eligible employees may take FMLA leave for their own serious health condition if it impacts their ability to perform the functions of their job. An employee is unable to perform the functions of their job when the health care provider finds that the employee is unable to work at all or is unable to perform any one of the essential functions of the employee’s position.
   • Eligible employees may also take FMLA leave for a spouse, son or daughter, or parent with a serious health condition. Heath conditions as defined by FMLA generally involve a period of incapacity where the individual is unable to work, attend school, or perform other regular activities because of the serious health condition, due to the treatment of it, or for recovery from the condition.
   • FMLA leave for serious health conditions does not cover short-term illnesses that are normally covered by the University’s sick leave. Conditions such as the common cold, flu, ear infections, upset stomach, minor ulcers, and headaches are not considered serious health conditions.

3. FMLA Leave and Spouses When Both Work at the University

   • If two spouses work for the University, they are limited to a combined total of 12 workweeks of FMLA leave because of the birth, adoption, or foster care placement of a child, or to care for a parent with a serious health condition. Spouses remain eligible to take FMLA leave individually for other FMLA-qualifying reasons from the time that remains out of the original 12-week designation.
   • Likewise, if two spouses work for the University, they are limited to a combined total of 26 workweeks of military caregiver leave (see Section VII, below) in a single 12-month period if each spouse is a parent, spouse, son, daughter, or next of kin of the service member. This limitation does not apply, however, to any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on “covered active duty.” When spouses take military caregiver leave and other FMLA leave in the same year, each spouse is subject to the combined limitations for the reasons for leave listed in this subsection.

4. Requesting FMLA Leave

   • The University determines if the employee’s need for leave qualifies as FMLA leave based only on the information received from the employee or their spokesperson, which could be a spouse or healthcare provider.
   • Employees who request FMLA leave must give 30 days’ advance notice of the need for leave to their supervisors and the Director of Employee Benefits when the need for leave is foreseeable. For foreseeable leave due to a qualifying exigency (see Section VI, below), employees must provide notice as soon as practicable, regardless of how far in advance the leave is foreseeable. If employees fail to provide such notice, they can be required to explain to their supervisors why notice wasn’t provided. Employees who request leave due to a FMLA-qualifying reason for which they previously took or were approved for FMLA leave must inform the University of this fact when requesting FMLA leave for the same reason. When employees are previously approved for leave due to more than one FMLA-qualifying reason, the University can inquire further to determine which qualifying reason supports the leave.
   • Employees who cannot provide at least 30 days advance notice of their need for leave because of a change in circumstances or a medical emergency must notify their supervisors as soon as practicable.
   • After employees submit requests for leave, the Director of Employee Benefits will provide the following written notices within 5 business days:

     • FMLA Eligibility Notice

       • This notice states whether employees are eligible for FMLA leave. The notice for employees who are deemed eligible for FMLA leave will state how much the requested leave will be FMLA-protected leave, as described in the last paragraph of this subsection. Employees don’t receive additional eligibility notices for subsequent FMLA leaves during a 12-month period if their eligibility status remains unchanged. If the employee’s eligibility status changes, the University will notify them of any ineligibility for leave within 5 business days of the request.

     • FMLA Rights and Responsibilities Notice

       • This notice describes the employee’s rights and responsibilities under the FMLA and consequences for failing to comply. If specific information in the notice changes, the University will provide written notice to the employee within 5 business days of receiving employee’s first notice of need for leave after any change; the notice will refer to the prior notice and provide new information. At any time, the Director of Employee Benefits can be contacted about and will respond to any questions related to the employee’s rights and responsibilities under FMLA.

     • FMLA Leave Designation Notice

       • This notice describes whether leave is designated and counted as FMLA leave. Employees receive one designation notice for each FMLA-qualifying reason per 12-month leave period. Employees also receive written notification if any information changes in designation notices for subsequent requests within five business days. This notice may be sent within 5 business days after medical certification is received.
   • Employees are notified of the number of hours, days, or weeks that will be counted against their FMLA leave allotment. If such information is known at the time the leave is designated, employees will be notified in the designation notice. If it isn’t possible for the University to provide such information, employees will receive such information upon request in a 30-day period when leave is taken during that time. If employees receive oral notice from the University of such information, they will receive written confirmation no later than the following payday unless the payday is less than a one week from the oral notice in which case written confirmation will be provided no later than the subsequent payday.

5. Medical Certification

   • If FMLA leave is taken because of employees’ or their family members’ serious health conditions, employees will receive a Certification of Health Care Provider form at the time the leave is requested. If employees don’t give advance notice of the need for leave, they will receive a Certification of Health Care Provider form within 5 business days after the leave begins. Employees also receive notice of anticipated consequences for failing to provide adequate certification.
   • Employees must complete and submit medical certifications to the Director of Employee Benefits within 15 calendar days from the day certifications are provided.
   • Though an employee requesting FMLA leave need not share their medical diagnosis with the University, the employee must provide enough information for the University to determine whether the leave qualifies for FMLA protection. If employees give the Director of Employee Benefits incomplete or insufficient medical certification, they will be advised in writing of what additional information is necessary to make the certifications sufficient and complete. Incomplete or insufficient information can include one or more applicable entries on the form not being completed or the information provided is vague, unclear, or non-responsive. Employees must return the revised medical certification to the Director of Employee Benefits within seven calendar days. The Director of Employee Benefits may contact the employees’ healthcare provider for clarification or authentication of medical certifications after employees have the opportunity to revise insufficient or incomplete certifications.
   • The University can require employees to obtain a second medical certification from a healthcare provider that is selected and paid for by the University. If the University receives a medical opinion from the second healthcare provider that is different from the employee’s healthcare provider, the University can require the employee to obtain a third medical certification from a third healthcare provider. The Director of Employee Benefits and the employee will discuss and agree upon the selection of the third healthcare provider and the University will pay for the third healthcare provider. The third healthcare provider’s medical opinion is considered the final medical opinion. The University gives employees copies of the second and third medical certification, if requested, within 5 business days.
   • If the FMLA leave is requested for an employees’ or their family member’s serious health condition that continues beyond a single leave year, employees must give the Director of Employee Benefits a new medical certification for each leave year.
   • Under certain circumstances, the University can require recertification for employees’ or their family member’s medical conditions. In such circumstances, the University can request recertification no more than every 30 days.

   • Unless notified that providing such certifications is not necessary, employees returning to work from FMLA leaves that were taken because of their own serious health conditions that made them unable to perform their jobs must provide medical certification confirming they are able to return to work and perform the essential functions of the employees’ position, with or without reasonable accommodation. The University may delay and/or deny job restoration until employees provide return to work/fitness for duty certifications.[1]

     [1] To comply with the Genetic Information Nondiscrimination Act of 2008, the Company asks that employees not provide any genetic information when responding to a request for medical information for purposes of leaves of absence or otherwise. "Genetic information" as defined by GINA, includes an individual's family medical history, the results of an individual's or family member's genetic tests, the fact that an individual or an individual's family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual's family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services. If you have any questions about the information to be provided, please contact the Human Resources Department.

6. FMLA Military Related Leave: Qualifying Exigency Leave

   • Eligible employees can take up to 12 workweeks of FMLA leave in a 12-month period due to a spouse, son or daughter, or parent being deployed to a foreign country as a member of the regular Armed Forces or as a member of the U.S. Armed Forces reserves under a certain call or order to active duty.
   • Qualifying exigencies may include short notice deployment, attending certain military events or activities, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
   • Covered active duty refers to a member of the Regular Armed Forces and duty during deployment with the Armed Forces to a foreign country. It also includes being a member of the National Guard or Reserves, duty during deployment with the Armed Forces to a foreign country under a call or order to active duty in support of a contingency operation. Reserve components of the U.S. Armed Forces include the Army National Guard, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard, Air Force Reserve, Coast Guard Reserve, and retired members of the Regular Armed Forces or Reserves who are called up in support of certain contingency operations.
   • A child on active duty or called to active-duty status can be any age as long as they are the employee’s biological child, adopted child, foster child, stepchild, a legal ward, or a child whom employees have day-to-day responsibilities to care for and financially support. A parent refers to a service member’s biological, adoptive, step, or foster father or mother or for any person who had day-to-day and financial responsibilities for the employee when they were under age 18. Parent does not include parent-in-law.
   • Previous periods of employment with the University can be counted to meet the 12-month service requirement. Employment periods prior to breaks in employment of seven years or more are not counted unless such breaks are due to National Guard or Reserve military duty. Employees who return to work from National Guard or Reserve military are credited for the time that they are on military leave to meet the 1,250 hours of service.
     

7. FMLA Military Related Leave: Military Caregiver Leave

   • An eligible employee who is the spouse, son or daughter, parent, or next of kin of a covered service member can take up to 26 workweeks of FMLA leave during a single 12-month period to care for a covered service member with a serious illness or injury. A covered service member is (1) a current member of the armed forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy; is otherwise in outpatient status; or is otherwise on the temporary disability retired list for a serious injury or illness; or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness. (Note that the FMLA definitions of “serious injury or illness” for current service members and veterans are distinct from the FMLA definition of “serious health condition.”)
   • Next of kin refers to the nearest blood relative, other than the current service member’s spouse, parent, son, or daughter in the following priority: blood relative designated in writing by the service member as next of kin for FMLA purposes, blood relative who has been granted legal custody of the service member, brothers and sisters, grandparents, aunts and uncles, and first cousins.
   • If employees do not take the full 26 workweeks of leave during a single 12-month period, they forfeit the remaining amount of leave. The University provides such leave on a per-covered-service member, per-injury basis.

8. FMLA Military Related Leave: Certification for Active Duty (Qualifying Exigency) Leave

   • Employees who request leave due to a spouse, child, or parent who is a service member being deployed to a foreign country under a call or order to covered active duty must give the University a copy of the service member’s active military orders or other documentation provided by the military.
   • To meet certification requirements, employees must provide the Director of Employee Benefits with:
     
     • A signed statement or description of the facts regarding and supporting the qualifying circumstances for which leave is requested, including copies of the military meeting announcement, confirmations of appointments with school officials, or copies of bills for financial or legal services;
     • The approximate start date of the leave;
     • If the leave is requested on a reduced schedule or intermittent basis, an estimate of the frequency and duration of the qualifying circumstances;
     • If applicable, the duration of the leave;
     • If the qualifying circumstances involve meeting with a third party, a brief description of the purpose of the meeting and contact information for that party, such as name, title, organization, address, telephone number, and email address;
     • If the qualifying circumstances involve rest and recuperation leave, a copy of the service member’s Rest and Recuperation orders or other documentation issues by the military indicating that service members have been granted such leave.
   • Qualifying exigency leave will never require second or third opinions or recertification. However, when the leave involves meeting with a third party, the University may contact the third party to confirm the nature of the meeting and that it is taking place. The University can also contact an appropriate unit of the federal Department of Defense to verify that the covered service member is on active duty or called to covered active-duty status.

9. FMLA Military Related Leave: Certification for Military Caregiver Leave

   • Employees who request leave to care for a covered service member who has a serious illness or injury must obtain certification completed by an authorized healthcare provider. Authorized healthcare providers as defined for military caregiver leaves include: a Department of Defense healthcare provider, Department of Veterans Affairs healthcare provider; DOD TRICARE network authorized private healthcare provider; DOD non-network TRICARE authorized private healthcare provider; or non-military affiliated healthcare provider. The University will not require second or third opinions for leave to care for a covered service member when the certification has been completed by one of the types of health care providers identified in this paragraph.
   • The University can require employees to obtain a second medical certification when a certification is provided by a non-military affiliated healthcare provider. Under these circumstances, the University can require employees to obtain a second medical certification from a healthcare provider that is selected and paid for by the University. If the University receives a medical opinion from the second healthcare provider that is different from the employee’s healthcare provider, the University can require the employee to obtain a third medical certification from a third healthcare provider. The Director of Employee Benefits and the employee will discuss and agree upon the selection of the third healthcare provider and the University will pay for the third healthcare provider. The third healthcare provider’s medical opinion is considered the final medical opinion. The University gives employees copies of the second and third medical certification, if requested, within 5 business days.
   • Additionally, the University can also require employees to provide confirmation of their family relationship to seriously injured or ill covered service member.

10. Scheduling FMLA Leave

    • FMLA leave can be taken all at once or, when it is medically necessary or other, on an intermittent or reduced schedule leave. Intermittent leave is taken in separate blocks of time for single FMLA-qualifying reason. An FMLA reduced leave schedule is a work schedule that reduces the employees’ usual number of working hours per workday or workweek. Employees will be informed whether they can take intermittent leave or reduced leave schedule when they apply for FMLA leave.
    • Employees who request intermittent leave or a reduced schedule leave must arrange medical treatments and appointments to minimize work disruptions. The University can transfer such employees temporarily to positions that permit them to take intermittent leaves or reduced schedules with limited work interruptions.
    • Employees who take intermittent leave or a reduced leave schedule are unable to work required overtime because of an FMLA-qualifying reason can have the hours that they would have been required to work counted against their 12 workweeks of leave. Voluntary overtime hours that employees don’t work due to a serious health condition are not counted against an employee’s 12 workweeks of leave.

11. Pay and Benefits During FMLA Leave

    • FMLA leave is unpaid. The University, however, requires employees to use any accrued paid time off (vacation or sick) while taking FMLA leave. The use of paid time during FMLA leave time does not extend the length of FMLA leave, and the paid time will run concurrently with an employee’s FMLA entitlement. FMLA leave taken after an employee’s accrued vacation and sick time is exhausted is unpaid.
    • Holidays that occur during FMLA leave will be paid Employees will also continue to accrue vacation and sick time during FMLA leave.
    • Employees short-term disability leave or workers’ compensation leave can be counted as FMLA leave. Employee’s accrued leave isn’t substituted for paid short-term disability leave or workers’ compensation leave. In certain states, employees can use accrued paid leave to supplement short-term disability plan benefits or workers’ compensation benefits, but they must discuss and get the Director of Employee Benefits approval first.
    • During FMLA leave, eligible employees are entitled to maintain group health plan coverage on the same terms and conditions as if they had continued to work. Unless the University notifies employees of other arrangements, whenever employees are receiving pay from the University during FMLA leave, the University will deduct the employee portion of the group health plan premium from the employee’s paycheck in the same manner as if the employee were actively working.
    • If FMLA leave is unpaid, employees must pay their portion of the group health premium to Human Resources by the first day of each month.
    • The University’s obligation to maintain healthcare coverage ceases if an employee’s premium payment is more than 30 days late. If an employee’s payment is more than 15 days late, Human Resources will send a letter notifying the employee that coverage will be dropped on a specified date unless the payment is received before that date. If employees do not return to work within 30 calendar days at the end of the leave period (unless employees cannot return to work because of a serious health condition or other circumstances beyond their control), they will be required to reimburse the University for the cost of the premiums the University paid for maintaining coverage during their unpaid FMLA leave.
    • Taking FMLA leave doesn’t count as a break in service for retirement plan purposes.

12. Employee Responsibilities During FMLA Leave

    • During FMLA leave, employees must keep their supervisors informed of the estimated duration of leave and their intended date to return from leave. If employees need to take more or less FMLA leave than originally anticipated while on leave, they must notify the Director of Employee Benefits and their supervisor within two business days.
    • During FMLA leave, employees are prohibited from engaging in secondary or self-employment.

13. Return from FMLA Leave

    • Upon return from FMLA leave, employees generally have a right to return to the same or equivalent position with equivalent pay, benefits, and other employment terms. Use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible employee’s FMLA leave.
    • Certain “key” employees, who are among the highest paid employees at the University, might not be reinstated to any position. They will be notified of their status in writing when they apply for FMLA leave and will receive notice at the time of the potential consequences with respect to reinstatement and maintenance of health benefits if they are not reinstated. The University will notify such employees in writing about the reasons for denying reinstatement. The University will make a final determination whether to reinstate “key” employees if they request job restoration and will notify them in writing of the University’s final determination.