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Section 100:
Introduction
Section 200:
Hiring and Employment
Section 300:
Employee Relations
Section 400:
Professional Conduct
Section 500:
Employee Development
Section 600:
Time Away From Work

601: Holidays 601

602: Paid Leave For Staff

603: Family and Medical Leave

604: Short- and Long-Term Disability Leave

605: Sick Leave

606: Leave without Pay (Leave of Absence)

607: Leave for Military Duty

608: Funeral Leave

609: Voting Time

610: Jury Duty and Court Appearances

611: Inclement Weather

612: Paid Leave For AAPs

613: Injury on the Job and Workers' Compensation [Pdf]


Section 700:
Compensation
Section 800:
Work Hours and Pay Practices
Section 900:
Health & Safety
Section 1000:
University Policies
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 Human Resources Manual > Time Away From Work > Family And Medical Leave
Policy Number: 603 Effective Date: 3/1/95
New: x Revised:

     
603.0 POLICY FAMILY AND MEDICAL LEAVE
     
603.1 STATEMENT Georgetown University provides family and medical leave to eligible employees according to the Family and Medical Leave Act of 1993.  The University also recognizes the Family and Medical Leave laws of the District of Columbia and any local jurisdiction covering University employees.  Applicable federal, state, or local law will be applied. 
     
603.2 PHILOSOPHY The University believes a direct correlation exists between stability in the family and productivity in the workplace.  The University will conform to all pertinent laws and regulations, allowing employees a healthier balance between family and work life. 
     
603.3 PROCEDURES Definitions
For purposes of this policy, the following definitions apply: 

Federal Family and Medical Leave

Spouse - a husband or wife as defined according to applicable state or local law. 

Parent - includes biological parents and individuals who act as parents, but does not include parents-in-law. 

Son or daughter - includes biological, legally adopted, foster children, stepchildren, legal wards, and other persons for whom the employee acts as parent.  The son or daughter must be under 18 years old; or age 18 or older and incapable of caring for him or herself. 

Serious health condition - any illness, injury, impairment, or physical  or mental condition that involves: 

  • any incapacity or treatment connected with inpatient care
  • any incapacity requiring absence from work of more than three calendar days and continuing treatment by a health care provider
  • continuing treatment by a health care provider for a chronic or long- term condition that is incurable or so serious that if untreated would likely result in incapacity of more than three days, and for prenatal care.
District of Columbia Family and Medical Leave

Child - individuals up to age 21, individuals over age 21 who are incapable of caring for themselves, and individuals up to age 23 who are full-time individuals at an accredited college or university. 

Serious Health Condition - a physical or mental illness, injury, or impairment that involves: 

  • inpatient care in a hospital, hospice or residential care facility; or
  • continuing treatment or supervision by an at-home health care provider or other competent individual
Eligibility
An employee is eligible for family and medical leave after completing one year of employment without a break in service except for holidays or other paid leave.  The employee must have worked at least 1,000 hours during the 12 months preceding the request for family or medical leave or at 50% status, whichever is less. 

Federal Family and Medical Leave Law
Provides eligible employees entitlement to a total of 12 workweeks of family and medical leave combined during any 12- month period when leave is taken for one or more of the following reasons: 

  • The birth of a son or daughter of an employee and to care for the child.  (Entitlement expires 12 months after birth.)
  • The placement of a son or daughter with an employee for adoption or foster care.  (Entitlement expires 12 months after placement.)
  • To care for the spouse, son, daughter, or parent of an          employee, if the family member has a serious health condition.
  • An employee is unable to perform the functions of his or her position because of the employee's own serious health condition.
Employees may use federal family and medical leave to care for a seriously ill family member or because of the employee's own serious health condition whenever medically necessary.  Leave may be used on an intermittent or a reduced leave schedule if certified as medically necessary by the attending health care provider. 

District of Columbia Family Leave Law
Provides eligible employees entitlement to a total of 16 workweeks of family leave and 16 workweeks of medical leave during any twenty-four month period.  Family leave can be taken for one or more of the following reasons:

  • The birth of a son or daughter of an employee and to care for the child.  (Entitlement expires 12 months after birth.)
  • The placement of a son or daughter with an employee for adoption or foster care.  (Entitlement expires 12 months after placement.)
  • The placement of a child for whom the employee permanently assumes and discharges parental responsibility.  (Entitlement expires 12 months after placement.)
  • Serious health condition of persons related by blood, legal custody or marriage.
  • Serious health condition of a child who lives with an  employee and f   or whom the employee assumes and discharges parental responsibility.
  • Serious health condition of a person or persons with whom the employee shares or has shared within the last year a mutual residence and with whom the employee maintains a committed relationship.
Medical leave can be taken for a serious health condition that makes the employee unable to perform his or her job functions. 

For employees who work in jurisdictions outside D.C.,  local or D.C. law will apply, whichever is more generous. 

Coordination of Federal and District of Columbia leave
Federal family and medical leave and District of Columbia family and medical leave run concurrently and cannot be used consecutively if leave is covered under both laws.

Substitution of Paid Leave
All family and medical leave (federal, state, or local) is unpaid, although an employee may substitute University paid leave, may apply for short- and/or long-term disability benefits or may be eligible for workers' compensation benefits.  Employee use of such paid leave or disability benefits is counted against an entitlement for the applicable 12-or 24- month period. 

Calculation of the Leave Period
The leave period begins on the first work day of the employee's first qualifying leave within the past 12-or 24-month period, as applicable.

Continuation of Benefits
During an approved family/medical leave, the University will maintain the employee's health and other insurance benefits as if the employee continued to be actively employed.  Employees on paid leave will continue to have the contributory portion of the premium deducted from the paycheck.  If the employee is on unpaid leave, he or she is responsible for paying the employee contribution directly to Human Resources for the remainder of the leave period. 

If the employee elects not to return to work at the end of a leave that is covered under the Federal Family and Medical Leave Act only, the employee will be required to reimburse the University for the cost of the premiums paid by the University for maintaining coverage during the leave; however, this payment will be waived if the employee cannot return to work because of a serious health condition or other circumstances beyond his or her control. 

An employee on family/medical leave is not eligible for COBRA coverage during the leave.  If the employee does not return from the leave and terminates employment, he/she is eligible for COBRA coverage. 

Notice of Leave
 If the need for family/medical leave is foreseeable, the employee must give the University 30 days prior written notice.  Where the need for leave is not foreseeable, the employee must notify the supervisor as soon as possible. 

Medical Certification
When an employee requests family/medical leave because of the employee's own serious health condition, or the serious health condition of a covered relative, the employee must provide appropriate medical certification (as requested by the University) in a timely manner.  Failure to provide satisfactory medical certification may result in denial of leave until appropriate medical certification  is provided. 

Returning from Leave
An employee returning from a medical leave due to his or her own serious health condition must supply satisfactory medical certification from the health care provider clearing the employee to return to work. 

An employee returning from an approved family/medical leave will be restored to the same position that the employee held when the leave started, or to an equivalent position, with equivalent benefits, pay and other terms and conditions of employment. 

     
603.4 RESPONSIBILITY Supervisors are responsible for determining when a request for leave is covered by this policy and if so, promptly informing the employee.  In addition, supervisors are responsible generally for complying with the terms and conditions of this policy and the applicable federal, state, and local laws. 

Employees should inform supervisors whenever their need for leave may be covered by the Family and Medical Leave Act or other local jurisdiction's laws.

     
603.5 RESOURCE Contact the appropriate Human Resources department or refer to the requirements of the jurisdiction where the employee works if you have questions or if you would like more information about this policy.



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Phone: (202) 687-2500 Fax: (202) 687-2389 Email: Contact Us