- Family and Medical Leave (1)
[The following policy on Family and Medical Leave was approved on September 27, 1995 with amendments on August 26, 2004 and January 16, 2009, in accordance with provisions set forth in SIU Board of Trustees 2 Policies C.3.j.]
Southern Illinois University is committed to full compliance with the federal Family and Medical Leave Act of 1993 which requires covered employers to grant unpaid family and medical leave benefits to eligible employees.
- To be eligible for family and medical leave benefits, an employee must have worked for SIU for at least 12 months or 1 academic year and have worked at least half-time during the preceding 12-month period.
- An eligible employee who has complied with notification requirements may request, and will be granted, family and medical leave to provide for the following contingencies:
- the birth of his/her child;
- the placement of a child with the employee for adoption or foster care;
- the care of a spouse, domestic partner, child, or parent with a serious health condition;
- a serious health condition which prevents the employee from performing the functions of his/her job.
- any qualifying exigency while the employee's spouse, domestic partner, son, daughter, or parent is on covered active duty in the Regular Armed Forces or Reserves or is called or notified to covered to active duty.
- An eligible employee is entitled to receive a maximum of 12 work weeks of Family and Medical Leave once every 12 months except as noted in section (4). The 12-month period is measured forward from the date an employee's FMLA leave begins.
- An eligible employee who is the spouse, domestic partner, son, daughter, parent, or next of kin (as defined by FMLA regulations) of a covered service member who has an illness or injury sustained in the line of duty shall be eligible for a leave of up to a total of 26 workweeks in a single 12-month period to care for the service member.
- During the period of family and medical leave, an employee's health, dental and basic state life insurance benefits will be maintained under the same conditions that applied before the leave commenced.
- While on FMLA leave, an employee cannot work elsewhere.
- Sick leave and/or vacation benefits may be used for all or part of a family and medical leave in accordance with applicable SIUC personnel policies. Any portion of the leave period for which such benefits are not applied will be leave without pay.
- An employee returning from family and medical leave will be restored to his/her former position or to a position with equivalent pay, benefits and other terms and conditions of employment, contingent upon the employee's continued ability to perform the essential functions of the job.
- Participation in Disaster Relief Services
[The following policy on paid leave for disaster relief service was approved on January 31, 1995, in accordance with provisions set forth in SIU Board of Trustees 2 Policies C.3.b.6.] Ammended in October, 2005.
With appropriate prior notification and approval, up to 20-days absence with pay may be granted during any 12-month period to an employee who is participating in specialized disaster relief services as a certified disaster service volunteer of the American Red Cross or assigned to the Illinois Emergency Management Agency. Such leave shall be granted for services related to a disaster occurring within the State of Illinois.
Leave may also be granted for services related to a disaster within the United States or its territories in coordination with the American Red Cross and the Illinois Emergency Management Agency through the Illinois State Emergency Operations Center.
- School Visitation
[The following was approved on January 31, 1995, in accordance with provisions set forth in SIU Board of Trustees 2 Policies C.]
When an employee's attendance is required at his/her child's school for conferences or classroom activities and these events can be scheduled only during working hours, he/she will be granted a leave without pay subject to the following conditions:
- all accrued vacation must be exhausted before leave without pay will be granted;
- a total of up to 8 hours of leave without pay will be granted during any school year, with no more than 4 hours during any given day;
- a written request for the leave must be submitted to the supervisor at least 7 days in advance of the school visitation (in cases of emergency no more than 24 hours is required);
- the employee must consult with his/her supervisor to schedule the leave so as not to disrupt unduly the operations of the employer;
- employees should be provided reasonable opportunity to make up time taken for school visitation unless this would require payment of overtime wages or unless there is no opportunity for productive work.
Upon request, an eligible employee shall be granted, without loss of pay, bereavement leave of up to three work days. Such leave may be used to attend the funeral or memorial service, for related travel and/or for bereavement time upon the death of a member of the immediate family or household. For these purposes, the immediate family is defined as spouse, domestic partner, child, parent, brother, sister, grandparent, grandchild, and corresponding in-laws, and the immediate family of the domestic partner, as defined above. Household includes anyone maintaining a family relationship living in an employee's home. Bereavement leave beyond this amount may be approved by the employer representative under special circumstances and will be deducted from either vacation leave or sick leave at the employee's choice, provided an accrual balance is available.
One work day shall be granted upon request, without loss of pay, due to the death of a relative outside the immediate family or household or to serve as a pallbearer at a funeral. For these purposes, a relative is defined as aunts, uncles, nieces, nephews, and cousins, and corresponding in-laws. In accordance with the Illinois Child Bereavement Leave Act, an employee who suffers the loss of a child is eligible for up to two (2) weeks bereavement leave. This leave is unpaid unless covered by the employee’s available sick or vacation, or bereavement established by the above policy. A leave of up to six (6) weeks is allowed in the event of the death of more than one child in a twelve (12) month period. Leave must be completed within sixty (60) days of being notified of the death of the child.
- Jury Duty
Employees called for jury duty or subpoenaed by any legislative, judicial, or administrative tribunal will be granted a leave with pay. During the period the employee is actually serving on a jury or is required by a court or other tribunal to be present as a witness, the employee will continue to receive his/her normal compensation. At other times when the court or other tribunal is not in session, the employee is expected to be at work. Employees who are required to appear in court as defendants or plaintiffs in civil or criminal actions do not qualify for this type of leave.
- Military Service
A leave with pay will be granted for the fulfillment of employees' annual military obligations in any component of the armed forces of the United States. Compensation for such leave will be computed at the employees' normal rate of pay, not to exceed 10 working days per fiscal year. When employees are activated in any component of the armed forces of the United States because of civil disturbance, disaster, or other local emergency, employees may be compensated for this duty in addition to the annual military obligation. The cumulative maximum of such leaves, described above, shall not exceed 20 working days per fiscal year.
A member of the National Guard (or other state military component) who is called to temporary active duty in case of civil disturbance or natural disaster declared to be an emergency by the Governor may receive a combined wage from the University and the military equal to, but not exceeding, the employee's straight time daily rate for work days absent. If the daily rate received for temporary active duty exceeds the daily rate of the employee from the University, the employee may elect to accept the higher rate in which instance the employee shall receive no compensation from the University. Time used for temporary active duty shall not be deducted from the time allowed for regular military training periods in accordance with the preceding paragraph.
Employee compensation during leaves for specialized or advanced military training or during interruptions of university employment for active military service will be governed by applicable state and/or federal laws. Employees, after performing military service, are entitled to continued employment or reinstatement and to those other rights and benefits protected by state and/or federal law. Upon their return, employees will receive the same salaries they received when the leave became effective plus the average percentage increases made in their units during their absence.
1. Information on Family and Medical Leave Procedures.