ACD 702–03: Family Leave

To allow employees time off to care for family members or themselves during periods of medical urgency or the birth, adoption, or placement of a child with the employee

Family and Medical Leave Act of 1993

Arizona Revised Statutes § 38–781

Arizona Board of Regents Policy Manual - 6–805

All ASU employees, including faculty, academic professionals, administrators, service professionals, and classified staff who have been employed at ASU for at least 12 months and have worked at least 1,250 hours during the previous 12 months

An eligible employee is entitled to apply for up to a total of 12 work weeks for family leave during any 12-month period. Each 12-month period is based on the anniversary of the hire date. ASU will pay the employer portion of group health insurance premiums during the 12-week period.

An eligible employee will be placed on family leave as follows:

Child Care

A leave of absence may be used for the birth, adoption, or placement with an ASU employee for foster care of a child. Child care family leave must be taken within the 12 months after the birth or placement of the child with the employee. Accrued vacation time may be used for the leave. After accrued vacation time is exhausted, the remainder of the leave time is without pay.

If spouses who are both employed by the university desire child care leave, they are entitled to an aggregate of 12 weeks within the first 12 months after birth, adoption, or placement of the child in their household.

Child care leave must be taken during one continuous time period. With the supervisor’s approval, leave may be taken on a reduced work schedule, meaning a schedule that reduces the number of hours worked per day or week but not to exceed the equivalent of 12 work weeks, e.g., 60 work days for 100 percent FTE employees.

Care of Self or Family Members for Medical Reasons

A leave of absence may be used for:

1. the care of a child, parent, spouse, or member of the employee’s established household who has a serious health condition. Child includes biological, adopted, foster, or step child, or legal ward, who is under 18 years of age, or 18 years or older if the child is incapable of self-care due to a physical or mental disability

   or

2. a serious health condition that renders the employee incapable of performing job functions. A serious health condition means an illness, injury, impairment, or a physical or mental condition that involves one of the following:
   
   
   1. Hospital Care

      Inpatient care, i.e., an overnight stay, in a hospital, hospice, or residential medical care facility, including a period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.

   2. Absence Plus Treatment

      A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:

      1. treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services, e.g., physical therapist, under order of, or on referral by, a health care provider

         or

      2. treatment by a health care provider on at least one occasion that results in a regimen of continuing treatment under the supervision of the health care provider.
         
         

         Note:

         Treatment includes examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations. A regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of treatment does not include the taking of over-the-counter medications, such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider.

   3. Pregnancy

      Any period of incapacity due to pregnancy or for prenatal care.

   4. Chronic Conditions Requiring Treatments

      A chronic condition that:

      1. requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider
      2. continues over an extended period of time (including recurring episodes of a single underlying condition)

         and

      3. may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy).
   
   
   5. Permanent/Long-Term Conditions Requiring Supervision

      A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer’s disease, severe stroke, or the terminal stages of a disease.

   6. Multiple Treatments (Non-chronic Conditions)

      Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under order of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), or kidney disease (dialysis).

Scheduling Medical Leave

Medical leave may be taken on an intermittent basis or a reduced work schedule basis. However, the employee must try to schedule leave so as not to disrupt departmental or university operations. If an employee uses medical leave intermittently or on a reduced schedule basis, the university may transfer the employee temporarily to an available alternative position for which the employee is qualified, if the alternative position provides the same salary and benefits and better accommodates an intermittent or reduced schedule than the regular position held by the employee.

Child care leave will be approved if the employee provides a written Leave Request form to the appropriate administrator (i.e., immediate supervisor who may be a chair or director), requesting child care leave at least 30 days before the leave is to begin, if the leave is foreseeable; if the leave is not foreseeable, provides the request as far in advance as possible, specifying the purpose and the duration of the leave, including beginning and ending dates.

Conditions for Approval of a Request for Medical Leave

Medical leave will be approved if the employee:

1. provides a written Leave Request form to the appropriate administrator at least 30 calendar days before leave is to begin, if the leave is foreseeable; if the leave is not foreseeable, provides the request as far in advance as possible, specifying the purpose and duration for the leave, including beginning and ending dates

   and

2. attaches to the Leave Request form a Certification of Health Provider form completed by the health care provider (defined as a licensed doctor of medicine or osteopathy) of the employee, spouse, member of the employee’s established household, child, or parent, as applicable. The certification must be completed on certification forms provided by Human Resources. The health care provider must verify the health condition that requires use of medical leave and the need for the employee to care for the family member, if applicable. The certification form must be provided within 15 calendar days from the date an employee is notified that it is required. Failure to provide medical certification may delay the commencement of the leave or may result in denial of the request.

   The university, at its expense, may require the employee to obtain an opinion of a second health care provider selected by ASU, provided the health care provider is not employed by ASU. If the second certification differs from the first certification, the university at its expense may require a third certification from a health care provider who is not employed by ASU, approved jointly by ASU and the employee. The opinion of the third care provider is binding.

   The university may require the employee to provide recertifications at 30-day intervals during the leave period.

An employee must use all available accrued sick leave and may use accrued vacation leave, if desired, while on family medical leave; if accrued sick leave is exhausted during the family medical leave period, the employee will be placed on leave without pay for the remainder of the family leave period (up to 12 weeks in a 12-month period), unless the employee desires to use accrued vacation leave. In that event, the employee will be placed in non-pay status when vacation leave is exhausted.

The university will pay the employer’s portion of health insurance premiums for benefits coverage during family leave whether the employee is in pay or non-pay status; the employee will pay the employee’s portion. However, if the employee’s premium payment is more than 30 days late, the university may discontinue coverage during the leave period.

If the employee does not return to work within 30 days after the expiration of the leave, the university has the right to recover the employer’s portion of the premium payments made for the employee during the family leave period, unless the employee does not return due to the continuation or recurrence of the serious health condition, or other circumstances beyond the employee’s control.

On return from family leave, an employee will be restored to his or her position or to an equivalent position with equivalent benefits, grade, pay, and terms and conditions of employment, including salary increases that would have been available had the employee not taken leave.

An employee who desires to extend leave after the 12-week family leave period has expired may request an extended leave of absence under ACD 707, “Leave of Absence Without Pay,” or ACD 702–02, “Health-Related Leave.”

An employee will not earn service credit or have retirement contributions paid by the university while in non-pay status.

Follow the Medical Leave procedure above, but do not attach a copy of the employee’s job description to the Certification of Health Care Provider form. endtable skip navigation bar