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Staff Personnel Manual (SPP)
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| Effective: 8/5/1993 |
Revised: 11/1/2005 |
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SPP 705–02: Family Leave |
Purpose
To allow eligible 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
Sources
Family and Medical Leave Act of 1993
Arizona Revised Statutes § 38–781
Arizona Board of Regents Policy Manual - 6-805
Eligibility
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
Policy
An eligible employee is entitled to apply for up to a total of 12 work weeks of family leave during a 12-month period. When leave is sought because of the employee’s own serious health condition or that of a family member, each 12-month period is based upon the eligible employee’s anniversary date of hire. When leave is sought for the birth, adoption, or placement of a child with an employee, the 12-month period commences upon the birth, adoption, or placement.
Use of Family Leave
Family leave may be used as follows:
Child Care
A leave of absence may be used for the birth, adoption, or placement of a child with an ASU employee for foster care. Child care family leave must be taken within the first 12 months after the birth or placement of the child with the employee. Accrued vacation time may be used for child care family 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.
Request for Child Care Leave
Child care leave will be approved if the employee provides a written request to the supervisor 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. A Request for Leave of Absence form is available.
Care of Self, Family Members, or Members of Employee’s Established Household for Medical Reasons
A leave of absence may be used for:
- a serious health condition from an illness, injury, impairment,
or a physical or mental condition that renders the employee
incapable of performing job functions (see the Certification of Health Care Provider form for
definition of serious health condition)
or
- 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, stepchild, or legal ward, who is under 18 years of age, or 18 years of age or older, if the child is incapable of self-care due to a physical or mental disability.
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.
Request for Medical Leave
Conditions for Approval of a Request for Medical Leave
Medical leave will be approved if the employee:
- provides a written Request for Leave of
Absence 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
- attaches to the Request for Leave of Absence form a copy of ASU’s Certification of Health Care Provider form completed by the health care provider of the employee, spouse, member of the employee’s established household, child, or parent, as applicable. 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.
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Note: For intermittent leave, the authorization from the health care provider must indicate essential functions that can be performed. The certification form must be provided to the appropriate administrator within 15 calendar days from the date the employee is notified 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 medical family leave; if accrued sick leave is exhausted during the family 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.
Benefits Coverage
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.
Return to Work
In cases of the employee’s own serious health condition, the employee must provide an authorization from the health care provider confirming that the employee is able to return to work and can perform the essential functions of his or her position, whether on a full- or part-time basis. Employees without proper authorization will not be allowed to return to work.
Restoration of Position
Upon 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.
Continuation of Leave after Family Leave Expires
An employee who desires to extend leave after the 12-week family leave period has expired may request an extended leave of absence under SPP 705–01, “Extended Leave of Absence.”
Retirement Contribution
An employee will not earn service credit or have retirement contributions paid by the university during leave without pay.
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