Policy

St. Norbert College complies with all applicable state and federal laws concerning the Family and Medical Leave Act (FMLA). However, there are certain differences between the two laws. In general, the federal FMLA allows for 12 weeks of leave within a 12-month period for the birth, adoption or foster placement of a child. It also provides leave if an employee has a serious health condition, or needs to care for a seriously ill spouse, child or parent. There are additional provisions regarding a spouse, child or parent in the military. Wisconsin’s FMLA allows 10 weeks of leave and does not cover foster placements, unless they are a precondition to adoption.

When state and federal FMLA laws apply to an employee’s situation, the leaves run concurrently, with the employee entitled to the provisions that are more beneficial. Medical leaves qualifying under FMLA will also run concurrently with leaves under worker’s compensation, short-term disability and other laws, as applicable and as allowed by law.

The college runs the FMLA 12-month benefits period on a calendar-year basis. If spouses are employed by the college, their combined total leave for the birth, adoption or foster care placement of a child, or to care for a parent with a serious health condition, is 12 weeks. Wisconsin’s FMLA stipulates leave in connection with the birth or adoption of a child must start within 16 weeks of the child’s birth. Leave for the birth or adoption of a child must be concluded within 12 months of the child’s birth or adoption.

To qualify for FMLA, employees must be employed with the college for at least 12 months and have worked at least 1,250 hours in the preceding 12-month period. Wisconsin’s FMLA law stipulates employees must have worked 1,000 hours in the last 52 weeks.

Taking FMLA leave will not be used against an employee in any employment decision. Employees on FMLA leave may not engage in any other employment that is inconsistent with the reason for the leave.

Definitions
Child
Under both state and federal FMLA laws, “child” means a biological, adopted, foster or stepchild, or a legal ward. Under the federal FMLA law, the definition also includes a child for whom the employee provides day-to-day care and financial support. Under both state and federal FMLA laws, a child is also someone under age 18, or who is 18 years or older but unable to care for themselves because of a mental or physical disability (federal FMLA) or serious health condition (Wisconsin FMLA).

Parent
Under both state and federal FMLA laws, “parent” means a biological parent, foster parent, adoptive parent or stepparent. Under federal FMLA law, the definition also includes an individual who was responsible for the day-to-day care and financial support of the employee when the employee was a child. The federal definition doesn’t include the parents of an employee's spouse or domestic partner. Under state FMLA law, however, “parent” also includes the parents of an employee’s spouse or domestic partner.

Serious Health Condition
A serious health condition is an injury, illness or impairment, or a physical or mental condition, that involves inpatient care in a medical care facility. It also refers to a health issue requiring continuing treatment by a health care provider because the health condition prevents the employee from performing their job functions, or prevents a qualifying family member from participating in school or other daily activities.

The definition of “continuing treatment by a healthcare provider” includes:

• A period of incapacity lasting more than three full, consecutive calendar days that are combined with at least two visits to a health care provider, or one visit and a regimen of continuing treatment under the supervision of a health care provider (time limits apply to healthcare provider visits)
• Any period of incapacity due to pregnancy or prenatal care
• Any period of incapacity, or treatment for such incapacity, due to a chronic, serious health condition
• A permanent or long-term incapacity due to a condition for which treatment may not be effective
• Any period of absence to receive multiple treatments by a healthcare provider, or for a condition that would likely result in a period of incapacity of more than three full, consecutive calendar days in the absence of medical intervention or treatment. (Under Wisconsin FMLA, the “more than three full, consecutive calendar days” requirement does not apply.)

Procedures

Federal FMLA
Under the federal FMLA, eligible employees are allowed up to 12 workweeks of unpaid leave per 12-month period for the following reasons:

• Your own serious health condition
• To care for your spouse, child or parent with a serious health condition
• For the birth of your child, or the placement of a child for adoption or foster care with you
• For incapacity due to your pregnancy, prenatal medical care or childbirth
• For certain military issues (see below)

Wisconsin FMLA
Wisconsin FMLA permits eligible employees to take unpaid leave for the following reasons:

• Your own serious health condition (2 weeks)
• To care for your spouse, domestic partner, child, parent or parent-in-law with a serious health condition (2 weeks)
• For the birth or adoption of your child (6 weeks)

General Leave Rights
Bone Marrow or Organ Donor Leave
Employees who have worked for the college for 52 consecutive weeks and at least 1,000 hours are eligible for leave to be a bone marrow or organ donor. You may take up to six weeks of leave in a 12-month period if you provide the college with written certification that the donee has a serious health condition that necessitates a bone marrow or organ transplant; that you are eligible to donate and have agreed to be a donor for the donee; and the amount of time your recovery is expected to take.

Military Family Leave
Twenty-six workweeks of military family leave are part of the federal FMLA. Married college employees are limited to 26 total weeks of leave between them. The same FMLA usage provisions regarding employee notification, certification, use of paid time off, etc. apply to military family leave. There are two types of military family leave.

• Qualifying exigency leave. Eligible employees who have a spouse, child or parent in the military may use their 12-week FMLA in certain urgent circumstances. First, the spouse, child or parent must be on covered active duty, or called to covered active duty, in support of a contingency operation. Leave-qualifying exigencies may include attending military events, arranging for alternative childcare or parental care due to an impending deployment, addressing financial and legal arrangements, attending counseling sessions, and attending post-deployment reintegration briefings. These 12 weeks of leave are not in addition to the general 12 weeks afforded under the federal FMLA. Employees are only entitled to 12 total weeks of leave for any combination of personal, family or qualifying exigency military FMLA.
• Military caregiver leave. Eligible employees may take up to 26 weeks of leave during a single 12-month period to care for a child, spouse, parent or next of kin who is a current member of the Armed Forces, including the National Guard or Reserves. The service member must be undergoing medical treatment, recuperation or therapy for a serious injury or illness that was incurred in the line of duty, or that existed before the beginning of the service member’s active duty and was aggravated by service in the line of active duty. This provision also covers care for a veteran who is undergoing medical treatment, recuperation or therapy for a serious injury or illness that was incurred in the line of duty, or that existed before the beginning of the veteran’s active duty and was aggravated by service in the line of duty. These 26 weeks of leave are not in addition to the general 12 weeks afforded under the federal FMLA. Any other FMLA leave taken (e.g., for the birth of a child) will decrease this 26-week period. These 26 weeks are not an annual allotment, but rather a one-time leave for a particular injury or illness.

Intermittent Leave
You do not need to use all of your FMLA leave at one time. If medically necessary, or when there are qualifying exigencies, you may be eligible to take an intermittent leave or reduced-schedule leave instead. If a new position better accommodates this type of leave, the college may transfer you to a temporary position with equivalent pay and benefits

The college may deny use of intermittent FMLA leave for the birth, adoption or foster placement of your child during the federal-only portion of your FMLA leave. Under Wisconsin’s FMLA, the last increment of intermittent leave for the birth or adoption of your child must begin within 16 weeks of the child’s birth or adoption.

Notification and Certification
Whenever possible, you must give at least 30 days’ written notice of your need for FMLA leave. When 30 days’ notice is not possible, you must give as much written notice as possible. All requests for leave must be made on the college’s Request for Family or Medical Leave form and forwarded to Human Resources. The college’s normal call-in procedures must also be followed.

You must give sufficient information to the college so St. Norbert can determine if the leave qualifies for FMLA protection, and so the college will know the anticipated timing and duration of your leave. The information the college needs to determine FMLA qualification may include whether you’re unable to perform job functions, whether a family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or the circumstances regarding the need for military family leave. You must also inform Human Resources if your requested leave is for the same reason for which you previously took FMLA leave, or were certified for it.

St. Norbert may require you to provide medical certification for the leave. If so, you will have 15 days in which to provide the certification, except in extenuating circumstances. If you don’t provide adequate certification in a timely manner, your leave request, or continuation of leave, may be delayed or denied.

The college may require a second medical opinion regarding your serious health condition, which it will pay for using a health care provider of its choice. If the two medical opinions differ, the college may obtain a third opinion, at its own expense, from a mutually-agreed-upon health care provider. The third opinion would be binding on both parties. Recertification and periodic reports regarding your health status and intent to return to work may also be required, as allowed by law.

After considering all of the information, the college will inform you whether or not you are eligible for leave, specifying whether any additional information is needed and informing you of your rights and responsibilities. If St. Norbert determines you are ineligible for leave, we will provide a reason. The college will also inform you whether your leave will or will not be designated as FMLA leave, and the amount of leave that will be counted against your leave entitlement.

Substituting Earned Time Off
During the portion of an FMLA leave covered by Wisconsin law, you have the option of substituting your accrued paid leave for your unpaid FMLA leave. During the federal-only portion of an FMLA leave, the college may require you to use your accrued paid leave. In order to use paid leave in conjunction with FMLA leave, you must comply with our normal paid leave policies. If you do not meet the qualifications necessary to substitute paid leave for FMLA leave, you will still be able to use your unpaid FMLA leave.

Benefits During Leave
An employee’s coverage under the college’s group health plans (i.e., health and dental) will be maintained during FMLA leave, as required by state and federal laws and in accordance with the applicable terms of the plans.

If you normally pay a portion of these premiums, you must continue to do so during your FMLA leave. If paid leave is substituted for unpaid leave, your portion of these premiums will be deducted from your paycheck. During unpaid leave, payment arrangements must be made prior to the start of the leave, or as soon as practicable. A 30-day grace period will apply to premium payments. However, if your payment still hasn’t been made, your group health and/or dental insurance may be terminated.

In certain circumstances, if you don’t return to employment after the college has maintained your insurance during your leave, the college has the right to recover the total cost of the insurance premiums it paid during your leave.

Using FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of your leave. Benefit accruals may be suspended during your leave, however. If this occurs, they will resume once you return to active employment.

Returning to Work at the End of Leave
If you return to work within the time frames protected by the FMLA laws, you will be returned to your former position. If that position is no longer available, you will be given an equivalent position with equal pay, benefits and other employment terms. If you wish to return to work before your leave is up, and work is available, you must notify Human Resources at least two days prior to your desired return date. If you took FMLA leave for your own serious health condition, a fitness-for-duty certification will be required before you may return to work.

Failure to Return to Work
If you do not return to work at the end of your FMLA leave, your rights under the federal and state FMLA laws, including the right to reinstatement, will no longer be in effect. In such a case, your employment may be terminated.

Failure to Meet Policy Requirements
If you fail to meet the requirements of this policy, your leave will be denied until the requirements are met. You must also follow other applicable college policies, including those regarding benefit use, paid time off and notification of absences.

While on FMLA leave, you may not engage in other employment or activities which are inconsistent with the medical restrictions, treatments and/or the need to be on FMLA leave.

College Duties and Enforcement
It is unlawful for St. Norbert to interfere with, restrain or deny the exercise of any right provided under FMLA. The college also cannot discharge or discriminate against any person for opposing any practice made unlawful by FMLA, or for involvement in any proceeding under or relating to FMLA. FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law, or collective bargaining agreement, which provides greater family or medical leave rights.