PPM Section 13 - Leaves and Absences from Work: Family and Medical Leave of Absence
The University complies with the Family and Medical Leave Act of 1993 (FMLA) in granting family and medical leaves of absence to eligible employees.
Employee Rights and Responsibilities under the Family and Medical Leave Act (PDF)
Length of leave
The amount of family and medical leave available to an employee at any given time is measured by a rolling
twelve (12) month period, counted backward from the first day of each occurrence of an FMLA
leave; no more than twelve (12) weeks of family and medical leave may be taken in any such rolling 12-month
- Employees may take family or medical leave as partial absence from employment
(a reduced leave) or on an intermittent basis (intermittent leave), under certain circumstances.
"Reduced leave" means a leave schedule that reduces the number of hours worked
per workweek or per day. A reduced leave is a change in the employee's schedule for a
period of time (i.e., from full-time to part-time while an employee is recovering from
a serious health condition and is not able to work a full-time schedule).
"Intermittent leave" means leave taken in separate periods of time due to a
single illness or injury and may include leave periods from one hour or more to several
- Employees needing an intermittent or a reduced leave schedule must attempt to schedule
their leave so as not to disrupt University operations. At its discretion, the University
may assign an employee to an alternative position with equivalent pay and benefits
that better accommodates the employee's intermittent or reduced leave schedule.
- When leave is taken after the birth of a child or placement of a child for adoption
or foster care, an employee may take leave intermittently or on a reduced leave schedule
only if the University agrees.
- Intermittent leave may also be taken to provide care or psychological comfort to
the employee's spouse, child, or parent with a serious health condition, or if the
employee is unable to perform the essential functions of his/her position because
of a chronic serious health condition even if he/she does not receive treatment by
a medical health provider.
- For birth, adoption, or foster care placement, leave availability expires twelve
(12) months after the birth or placement of the employee's child.
- When both spouses are employed by WMU, they will be limited to a combined total
of twelve (12) weeks of family and medical leave (rather than twelve  weeks each) during any twelve
(12) month period for the birth of the employees' child or the placement of a child with
the employees for adoption or foster care.
Pay during leave
Employees have the option to use any portion of their accrued Sick Leave or Annual Leave during
an approved family and medical leave, under the conditions described below.
- Sick leave. Employees may elect (but are not required) to use any portion of
their accrued sick leave while on an approved family and medical leave due to a serious medical condition,
under the terms of the applicable University and/or bargaining group sick leave policy. Employees may elect (but are not required) to use sick leave for up to thirty five (35) days in a rolling year while on approved family and medical leave due to (a) the birth of a son or daughter and the care of such newborn child; or (b) the placement of a child for adoption or foster care, under the terms of the applicable University and/or bargaining group sick leave policy.
- Annual leave. If approved by their supervisor, employees may elect (but are not
required) to use any portion of their annual leave bank while on an approved family and medical leave.
Benefits and seniority
An approved family and medical leave will not result in any loss of seniority or benefits that accrued before
the beginning date of the leave. Such benefits will be available to the employee upon return
from leave in the same manner and at the same terms and conditions as provided when the family and medical leave
began, subject to any changes that may have taken place during the period of the leave.
- Employees on a paid family and medical leave continue to be eligible for all payroll-driven
- For the purposes of vesting and eligibility to participate
in retirement plans, any period of family and medical leave leave is treated as continuous service.
- Health insurance will continue during an approved (paid or unpaid) family and medical leave
in the same manner as if the employee had been actively working. The University will continue
to provide coverage for the employee. The employee will continue to pay his/her share
of premiums for dependents, if any.
Employees who fail to return to work for at least 30 calendar days after an approved family and medical leave are required to reimburse the University for health benefits paid during the leave,
unless the employee fails to return because of continued illness or other circumstances
beyond the employee's control.
- Life insurance will continue during any paid portion of the leave, in
the same manner as if the employee had been actively working.
Life insurance coverage may be continued at the employee's expense during any unpaid portion of the leave.
- Long-term disability insurance continues during any paid portion of the
leave, in the same manner as if the employee had been actively working.
Long-term disability insurance may not be continued during any unpaid portion of
the leave. However, if the family and medical leave is the result of the employee's own serious health
condition and that condition also makes the employee eligible for long-term disability
benefits, those benefits remain available to the employee under the terms and conditions
of the long-term disability coverage.
Requesting a family and medical leave
An employee or employee's spokesperson requesting a family and medical leave should contact Human Resources.
Employees may also provide notice of a family and medical leave request (or notice of a potential family and medical leave qualifying
event) to their supervisor or other University administrative staff. Supervisors and administrative
staff who receive such notice should immediately inform Human Resources.
Step 1: An employee meets with the HR Representative for information and counseling.
Step 2: An employee submits the completed family and medical leave application to Human Resources.
Step 3: If a medical certification is required, the employee provides the health care provider with the form. Note that the medical certification must be returned to Human Resources within fifteen days.
Step 4: Human Resources sends the employee and the employee's department a notice of eligibility.
Step 5: Human Resources reviews the family and medical leave request and the medical certification.
Step 6: Human Resources notifies the employee and the employee's department of the approval or denial of the family and medical leave request.
Step 7: If the request is approved, Human Resources sends information on continuing insurances, if applicable, to the employee's home.
Step 8: Prior to the end of the leave and before returning to work, the employee must provide an approved return to work form to Human Resources.
Step 9: If the employee is not able to return to work at the end of the approved leave, the employee must contact the HR Representative to discuss leave options.
Consent to release leave of absence information
The consent to release leave of absence information is an optional form and is available on the Forms page. When completed and returned to Human Resources, this form allows the Human Resources staff to release leave of absence information on the employee's behalf to specific, relevant parties (e.g., the employee's personal spokesperson, bargaining unit, etc.).
Return to work
An employee returning to work from a family and medical leave will be returned to his/her former position
or equivalent position in accordance with federal law.
- An employee on a family and medical leave for his/her own serious health condition is to bring a certification from his/her health care provider authorizing return
to work (return to work certification) to Human Resources prior to the return date. Human Resources will communicate the return to work date to the supervisor. This certification is not required for return to work from an intermittent or
reduced-schedule leave. If the employee fails to provide a return to work certification,
restoration to the employee's last-held position or an equivalent position will be delayed
until the University receives the certification. If an employee can return to work earlier
than anticipated, the employee shall provide notice to Human Resources at least
two (2) business days prior to his/her planned return.
- Should an employee decide not to return to work at the conclusion of the leave, the
employee shall advise his/her supervisor in writing of his/her intent not to return to
work. When the employment relationship terminates, the employee's entitlement to continued
leave and/or other benefits, and restoration to a position ceases. The supervisor/designee
completes a transaction form indicating separation.
This policy is intended to comply with the Family and Medical Leave Act of 1993. To the extent
that any provision in this policy is ambiguous and/or contradicts the Act, the language of the
Act will prevail.