Up ] 1. Introduction ] 2. General ] 3. Holidays & Vacation ] 4. Protection ] 5. Retirement ] 6. Education ] 7. Special Assistance ] [ 8. Leaves of Absence ] 9. Sevices Available ]


8. LEAVES OF ABSENCE POLICIES.
8.1 Family and Medical Leave Act (FMLA)
A. Eligibility Requirements for FMLA Leave.
B. Types of Leaves Covered by FMLA.
C. Length of Leave Under FMLA.
D. FMLA Leave Calculation Formula.
E. Paid and Unpaid Leave Under FMLA.
F.  Intermittent and Reduced Schedule Leave Under FMLA.
G. Procedure for Requesting FMLA Leave.
H. Notification and Reporting Requirements for FMLA Leave.
I. Employee Benefits During FMLA Leave.
J.  Reinstatement/Return to Work.
8.2 Medical Leave of Absence.
8.3 Personal Leave.
8.4  Bereavement Leave.
8.5 Military Leave.
8.6  Jury Duty.
8.7 Subpoenas
8.8  Other Leave Requests

8.      LEAVES OF ABSENCE POLICIES

An employee who for expects to be absent from work for 3 consecutive working days or more or on a reduced schedule of leave of 3 consecutive working days or more for medical reasons, or for more than 10 consecutive working days for reasons other than medical or vacation, must request and complete an Application for Leave of Absence form. In the case of a medical leave, all paperwork must be submitted directly to the office of human resources for review as soon as the need for leave is known. All other applications for leave must be submitted to the employee’s department head or immediate supervisor in sufficient time prior to the date of leave requested so that appropriate consideration can be given to the request.  The appropriate supervisor, dean or administrative department head, the appropriate vice president, and the office of human resources will then consider the request.  In addition, an employee requesting a medical leave of absence, such as for maternity or a workers’ compensation injury, must submit a Medical Certification form prior to requesting the leave or within 15 calendar days from the date of requesting the leave. The Application for Leave of Absence and the Medical Certification Form can be obtained from the office of human resources or the employee’s supervisor.

University benefits will continue during an approved leave of absence provided that the employee pays normal premiums as appropriate.  Employees must contact the office of human resources before beginning a leave of absence to ensure continued benefit coverage (e.g., health care insurance) and to make arrangements for premium payments as necessary.  Certain benefits, however, such as vacation accrual, PMTO accrual, salary continuation, paid holidays, and University retirement contributions do not continue during an approved unpaid leave of absence.  Employees should contact the office of human resources for more information on benefits available during an approved unpaid leave of absence.

In accordance with the law and the existing leave policies of the University, a good faith effort will be made to return the employee to his/her former position or a similar position following a leave of absence, with similar pay, benefits and other terms and conditions of employment.

Further explanation of specific leaves of absence is contained in the following paragraphs.

8.1       Family and Medical Leave Act (FMLA)

The University of Dayton recognizes that an employee may need time away from work because of certain major life events, such as becoming a parent, experiencing a serious health condition that causes incapacity or requires continuing treatment, caring for a family member who has a serious health condition or a service member with a serious injury or illness or needing time with a family member called up for or on active duty in the Armed Forces.  To balance these needs with the University's need to have employees available for work, the University of Dayton has established a policy in accordance with the Family and Medical Leave Act of 1993 (FMLA).  The Family and Medical Leave Act of 1993 (FMLA) is a federal law that helps employees balance work responsibilities with family and medical needs. 

To comply with the provisions of the FMLA, the University has developed and established the following family and medical leave policy.  This policy summarizes employee's rights and responsibilities under the University of Dayton's FMLA Policy.  More details about FMLA and whether you have a qualifying situation may be obtained by contacting the Office of Human Resources.

A.         Eligibility Requirements for FMLA Leave

An employee is eligible for FMLA leave if the employee has been employed by the University of Dayton for at least 12 months (52 weeks) and has worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the FMLA leave.  If an employee is on the payroll for any part of the week, the week counts as a week of employment.  The employee must have actually worked or been in service during the 1,250 hours.  In the case of a call to active service in the Armed Forces, the hours that the employee would have otherwise been scheduled to work during the absence for active service will be counted toward meeting the 1,250 hour requirement for eligibility under FMLA.

B.         Types of Leaves Covered by FMLA

To qualify as FMLA leave under this policy, an employee must request leave for one of the following reasons: 

1.   the birth of a child, and to care for the newborn child;

2.   the placement of a child for foster care or adoption;

3. to care for a spouse, child or parent with a serious health condition,

4.   the serious health condition of the employee which makes the employee unable to perform one or more essential functions of the  job,

5. to deal with any qualifying exigency that arises from a spouse’s, child’s or parent’s active duty in the Armed Forces including an order or call to duty; or

6. to care for a spouse, child, parent or next of kin (Defined as the nearest blood relative) who are service members with serious illnesses or injuries incurred during active duty in the Armed Forces.

The term serious health condition is defined as an illness, injury, impairment or physical or mental condition that involves a period of incapacity or treatment following inpatient care or, in certain circumstances, continuing treatment by a health care provider.  Employees with questions about the FMLA policy are encouraged to contact their supervisor, the office of human resources, or the office of compliance & affirmative action. 

C.         Length of Leave Under FMLA

An eligible employee can take up to 12 work weeks of leave during any 12 month period for the first five qualifying reasons stated in Section B above. An eligible employee can take up to 26 work weeks of leave for the sixth qualifying reason stated in Section B above.

If taking a leave to deal with any qualifying exigency that arises from a spouse’s, child’s or parent’s active duty in the Armed Forces (B5 above), the leave is not confined to a single 12 month period but the 12 weeks is reduced by leave for any other qualifying FMLA event during the same 12 month period.

If taking leave to care for a spouse, child, parent or next of kin who is a service member with a serious illness or injury incurred during active duty in the Armed Forces (B6 above), the leave is available only during one 12 month period and is combined with all other FMLA leaves in that same 12 month period with a maximum total leave entitlement of 26 weeks.

D.         FMLA Leave Calculation Formula

The University will calculate available FMLA leave by determining the amount of leave used by an employee during the 12 months prior to the date the leave is requested and subtracting that number from the 12 work week maximum.  The remaining balance is the amount of FMLA leave that the employee is entitled to take at that time.  When requesting FMLA leave, the employee must review the remaining leave balance with his or her supervisor. 

E.         Paid and Unpaid Leave Under FMLA

Under the FMLA, eligible employees are entitled to up to 12 work weeks of unpaid leave for FMLA qualifying reasons per year.  As described below, however, in some circumstances, the University requires the employee to use accrued PMTO and short-term disability benefits or salary continuation prior to using unpaid leave.  Paid leave will run at the same time as any FMLA leave.

An employee who takes FMLA leave due to maternity or a personal, serious health condition must use all accrued PMTO and short-term disability benefits or salary continuation prior to being eligible for unpaid leave.  PMTO and short-term disability benefits or salary continuation must be substituted for unpaid FMLA leave if the reason for the leave is covered by the University medical leave of absence policy.

Example: The University of Dayton medical leave of absence policy permits an exempt employee to take a leave of absence for a personal medical condition for up to six months.  Under the FMLA, the employee must use accrued PMTO and short-term disability benefits or salary continuation for a personal medical condition prior to using unpaid leave and the leave will be designated as FMLA and counted toward the 12-week period.

The University will not permit the use of accrued PMTO and short-term disability benefits or salary continuation in the following circumstances:  (1) serious health condition of spouse, parent or child; (2) adoption or foster care of a child; (3) leave for the birth or care of a newborn child in cases where the mother is not subject to medical restrictions by her physician but wishes to extend her time at home with her child.  However, the University of Dayton policies provide an exception to the above rule by permitting employees to use accrued PMTO for either a medical emergency for an immediate family member for up to 3 days or medical treatment of an immediate family member with prior supervisor approval for up to 6 days within each half of the calendar year.  

An employee may choose to use other paid leave (vacation) for all or part of any otherwise unpaid FMLA leave as long as the University leave policies so provide.

Example: The employee can choose to use accrued vacation leave instead of unpaid FMLA leave for the adoption or foster care of a child or the serious health condition of a spouse, parent or child.  Vacation leave, for these purposes, is counted toward the 12 weeks of FMLA leave. 

F.         Intermittent and Reduced Schedule Leave Under FMLA

When medically necessary to address an employee's own serious health condition, to care for a family member with a serious health condition, or to care for a service member with a serious illness or injury, an employee may take FMLA leave intermittently or on a reduced schedule basis.  The employee must make reasonable efforts to schedule medically necessary intermittent leave so it does not unduly disrupt the University's operations.  An employee is also entitled to take reduced schedule or intermittent leave for qualifying exigencies when necessary.

Leave may be taken intermittently or on a reduced leave schedule under the following circumstances: 

If the leave is taken after the birth or placement of a child for adoption or foster care, an employee may take the leave intermittently or a reduced schedule only with the approval of the employee’s department and the office of human resources.  Leave for the birth, adoption or foster care of a child must be taken within one year of the birth or placement of the child. 

If the leave is taken for a serious health condition of a family member or due to the serious health condition of the employee, leave may be taken intermittently or on a reduced leave schedule when medically necessary.  In this case, the University will require medical certification as described in the next section. 

G.        Procedure for Requesting FMLA Leave

All requests for family or medical leave should be initiated by contacting the employee’s immediate supervisor.  When requesting leave for a period of 10 or more consecutive work days or for an intermittent or reduced schedule leave period, an employee must complete the Application for Leave of Absence form and submit it to his or her immediate supervisor prior to the date that the leave is requested. 

When requesting leave for the serious health condition of a spouse, child or parent or for the employee’s own serious health condition (including maternity) the employee must also submit a completed Medical Certification form.  If the employee fails to submit the completed Medical Certification form when the leave is requested, the employee has 15 calendar days to return the form to the immediate supervisor.  Failure to provide the Medical Certification form may result in denial of leave.  These forms are available from the employee’s immediate supervisor and/or the office of human resources. 

When the requested leave of absence period ends, the employee must submit a new Application for Leave of Absence form and Medical Certification form if the employee desires to continue on family and medical leave.  The new form should be submitted prior to the expiration of the original leave request. 

The University reserves the right to ask the employee to obtain a second opinion from an independent medical provider selected by the University, at the University’s expense.

H.         Notification and Reporting Requirements for FMLA Leave

If the need for family and medical leave is foreseeable, such as for the birth of a child, the employee must provide 30 days notice to the immediate supervisor before taking the leave.  If an employee fails to provide 30 days notice for foreseeable leave with no reasonable excuse for delay, the leave may be denied. 

If the need for family and medical leave is not foreseeable, the employee should notify the immediate supervisor as soon as the employee becomes aware of the need for leave.  If an employee becomes aware of the need for leave during the work day, notice must be given to the supervisor that same day or by the start of the next business day if the employee becomes aware of a need for leave after work hours.  Usual procedures for calling in to notify of the need for leave must be followed.  Notice may be given by the employee’s spouse, family member or other responsible party if the employee is unable to do so personally. 

I.          Employee Benefits During FMLA Leave

During any FMLA leave period, the University will maintain the employee’s health and dental benefits and long-term disability coverage.  The employee is required to pay any portion of health, dental and long term disability insurance premiums normally deducted from the employee’s paycheck.  When an employee takes paid FMLA leave, the University will continue to take all deductions from the employee’s paycheck as if the employee remained on active employment status.  If the employee does not receive a paycheck due to unpaid FMLA leave, the office of human resources will notify the employee in writing that a monthly bill will be sent to the employee’s home for any premiums that would have been deducted from the paycheck.  Vacation, PMTO and salary continuation accruals and University retirement contributions will cease while an employee is on unpaid FMLA leave status. 

J.         Reinstatement/Return to Work

Upon return from FMLA leave, an employee will be returned to the same position or an equivalent position with equivalent benefits, pay, and other terms and conditions of employment, unless the employee would have been terminated in the absence of any leave (due to layoff, downsizing, termination of a temporary job). 

When an employee returns to work from FMLA leave taken for a personal serious health condition, the University Dayton will require medical certification (a statement from a physician) that the employee is able to return to work prior to restoration to employment. 

If an employee is unable to return to work at the expiration of the approved leave period, the position will be filled as deemed necessary by the appropriate department official and the office of human resources. 

Questions relating to leave entitlements and/or the status of employee benefits or compensation during approved leaves should be directed to the Office of Human Resources.

Exceptions to this policy will occur, if necessary, to comply with applicable state or local laws.  All exceptions to this policy must be reviewed in advance and approved by the Office of Human Resources.

8.2       Medical Leave of Absence

Under the FMLA, an eligible employee can receive up to 12 work weeks of leave for FMLA qualifying reasons.  In addition to the protections provided by the FMLA, the University has adopted a Medical Leave of Absence Policy which grants medical leave to an employee who, due to a medical condition, is unable to work.  This leave may be granted for the length of the illness but normally not to exceed six months.  In some cases, an extension may be granted for an additional six months or a total of one year.  All leave taken under this policy will run at the same time as any FMLA-qualifying leave.  To qualify for a medical leave of absence, the employee must submit a completed Application for Leave of Absence form and a Medical Certification form to request the leave.  In all cases, the Medical Certification form must be turned in no later than 15 calendar days from the date that the leave is requested to begin.  Both forms can be obtained from the office of human resources or the employee’s supervisor.  The department and the office of human resources will determine whether to grant the leave and the time period of the leave.

Examples of matters covered under the Medical Leave of Absence Policy include leave for the employee’s personal medical condition including workers’ compensation injuries and maternity leave.  When an employee is granted a medical leave of absence, the employee will be compensated based upon any available PMTO and short-term disability insurance or salary continuation.  The total time away from work, both compensated and unpaid, should not usually exceed six months.  When an employee wishes to return to work following a medical leave, the employee will be required to provide a certified medical statement indicating that the employee  is able to return to work and perform the essential functions of the position. 

This policy should be read together with the Family and Medical Leave Policy.

8.3       Personal Leave

Personal leaves of absence may be granted without pay on a case by case basis but generally will require the employee to have completed one year of service before it will be granted.  This type of leave ordinarily may be granted for up to six months but in some cases an extension may be granted for an additional six months or a total of one year.  Personal leaves may be requested for reasons other than those covered by other University leave policies.

The University of Dayton reserves the right to terminate the employee if the employee receives unapproved payment for employment outside normal University employment during an approved personal leave of absence.

This policy should be read together with the Family and Medical Leave Policy.

8.4       Bereavement Leave

Bereavement leave of up to five consecutive days is granted to an employee on the death of an immediate family member.  Immediate family is defined as the employee's husband, wife, mother, stepmother, father, stepfather, brother, stepbrother, half brother, sister, stepsister, half sister, child, stepchild, as well as any other relative living in the same household.

Bereavement leave of up to three consecutive days is granted, if necessary, to an employee on the death of other family members.  Other family members are defined as the employee’s grandparent, grandchild, uncle, aunt, nephew, niece, cousin, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, or any member of the same household.

The University may require proof of such death, and relationship as a condition of payment of this leave.

8.5       Military Leave

A full-time or part-time employee who enlists or is inducted into the U.S. armed services will be granted a military leave of absence and will be entitled to reinstatement of employment and benefits in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). U.S. armed services are defined by the Act as Army, Navy, Air Force, Marines, Coast Guard, reserve units, National Guard and Commissioned Corps of Public Health Service. Protection under the Act is not extended to “state” military duty or governor call-ups of National Guard.  

USERRA provides rights and benefits while on military leave, protection from discharge, reemployment rights and protection from discrimination and retaliation due to military service. The Act covers voluntary or involuntary duty, active duty, full-time National Guard duty, time off for fitness for duty determinations and funeral honors duty. This policy does not cover weekend duty.

 Protection under USERRA is lost if the service member:

  • Separates from uniformed services due to dishonorable or bad conduct
  • Separates from uniformed services under “other than honorable” conditions which are established by each branch of the service
  • Is dismissed  as a commissioned officer in certain situations involving court martial or by order of the President in time of war
  • Is dropped from the rolls because of absence without authority for at least three months, court martial or imprisonment in civilian court
  • Provides notice of not returning to work at the University of Dayton

A.    Notification of Required Service

In order to receive protection under USERRA, the employee being called to active service must provide verbal or written notification prior to the employee leaving work unless notice is precluded by military necessity. Regardless of the ability to provide notice prior to leaving work, the employee must provide copies of his or her written orders as soon as possible to his or her supervisor but no later than 30 days after the leave begins.

B.    Reinstatement of Employment Upon Release From Active Duty

Reporting Requirement

If the employee has been on active duty for 30 days or less, he or she must report for work at the beginning of the next scheduled work period on the first full day after release plus travel time and an eight hour rest period.

If the employee has been on active duty for more than 30 but less than 180 days, he or she must notify the University of Dayton of his or her intent to return to employment within 14 days after release from service.

If the employee has been on active duty for more than 180 days, he or she must notify the University of Dayton of his or her intent to return to employment within 90 days after release from service.

If the employee is recovering from a service-related injury, the time period for application for reemployment may be extended for up to two years.

If the time frame for application for reemployment is missed due to the employee’s fault, the employee may be subject to the same disciplinary action for failure to report to work as any other employee who does not report to work.

C.    Maximum Time Protected Under USERRA

There is a 5 year cumulative service limit on voluntary military leave where the employee may be protected under USERRA and retain reemployment rights. Once an employee’s voluntary military leave reaches the 5 year cumulative maximum, it will be the University of Dayton ’s option to reemploy the employee based on availability of an appropriate position. This cumulative maximum does not include:

  • Involuntary recall or call up  to active duty
  • Voluntary or involuntary active duty in support of war, national emergency or certain operational missions
  • Additional training requirements determined by the Service Secretary and considered necessary for professional development or completion of skill training or retraining

D.    Rights for Reinstatement to Position

Upon release from military service, an employee who has met the requirements for notification of intent to return listed above will be reinstated to the seniority and level of pay that they would have achieved had they kept the position continuously during the military service. In the case of a full-time faculty member, the faculty member may initiate a request for an extension of the time during which an institutional decision will be made regarding reappointment, tenure or promotion, and this extension will then apply upon return to the University.

If the employee has been gone for qualified military service for less than 91 days:

  • The employee must be returned to the job he or she would have held had employment not been interrupted
  • If not qualified for the job listed above, then the employee must be reinstated to the job that he or she held prior to the leave
  • If not qualified for either job above, then the employee must be reinstated to the job that most nearly approximated the jobs above

If the employee has been gone for qualified military service for more than 90 days:

  • The employee must receive the same options listed above except that the University of Dayton may substitute a “position of like seniority, status and pay.”

The University of Dayton is not required to offer reemployment if:

  • Circumstances have changed so much that reemployment is “impossible or unreasonable” (e.g. a reduction in force that would have included the returning employee’s previous position)
  • It would impose an undue hardship (e.g. accommodating an employee with service-connected disabilities)
  • The returning individual was a temporary employee or independent contractor

E.    Protection From Discharge After Reemployment

After an employee has been reemployed by the University of Dayton following a period of military service that qualifies under USERRA, the Act provides protection from discharge except for cause in the following circumstances:  

·        If the leave was greater than 180 days, the employee may not be discharged without cause for one year after reemployment

·        If the leave was more than 30 days but less than 181 days, the employee may not be discharged without cause for 180 days after reemployment

F.    Pay During Military Leaves

An employee who has a military obligation during a time when the employee would normally be scheduled to work will be permitted to charge the time as follows with appropriate pay provisions:

·        If the employee is on an assignment that permits the accrual of vacation, the employee may charge the absence for active reserve duty to accrued vacation and be paid in accordance with established policy for vacation days and retain the full military pay.

·        If the employee does not wish to charge the absence for military reserve duty to accrued vacation or does not have any accrued vacation, the employee will receive the difference between the military base pay and the regular University pay for up to six months provided that the military pay is less than the University pay.  The employee’s military pay will be reduced to a daily rate and the difference will apply only to those days on which the employee is actually away from the normal University assignment.  A statement from the military fiscal officer, or a copy of the employee's military orders, must be submitted for these provisions to be applicable.

G.    Continuation of Benefits During Military Leave

While on a military leave covered by USERRA, the employee will have the same rights to benefits as any other employee on approved leave from the University of Dayton . The employee will be required to pay the same share of any premiums as was required during active employment with the University of Dayton . The employee may choose to pre-pay for the premiums, be billed on a monthly basis during the leave or make written arrangements with the Office of Human Resources for repayment after return from military service. Unless otherwise notified by the employee, the Office of Human Resources will bill the employee on a monthly basis during the leave.

Military service does not entitle the service member to benefits that would not be available to that employee if he or she had remained continuously employed at the University of Dayton .

Employees on military leave that qualifies under USERRA will receive credit toward all benefits for which they were entitled prior to the start of the military leave. (i.e. credit toward vesting in the University’s retirement plan)

Medical and Dental Coverage During USERRA Qualifying Military Leave

The University of Dayton will allow the employee to continue to carry coverage for himself or herself and any eligible dependents during the entire length of the leave. The employee is required to pay his or her portion of the premiums for the plan/s selected.

If the employee elects to waive the University of Dayton ’s coverage during the leave to enroll in the military health care coverage, Tricare, reemployment of the employee with the University of Dayton will be considered a qualifying event and will allow the returning employee to reenroll in the University’s plan of their choice within 30 days of return to employment. No pre-existing conditions or waiting period will apply.

Retirement

The University will make contributions to the 401(a) retirement plan on the base salary paid to the employee according to the retirement contribution schedule listed in the Retirement Section of this Handbook.

If an employee enters a status of leave without pay, contributions to the 401(a) plan will cease. After the employee returns to active benefit eligible employment with the University of Dayton, the University will make contributions to the 401(a) retirement plan by estimating the amount of compensation that the employee would have been paid during the period of military service if they had been continuously employed, or if there is no reasonable method to determine what would have been earned due to irregular salary, the University will use an average of compensation paid to the employee during the twelve months immediately prior to the qualified military service.

University contributions will be made based on the employee contribution level. If the employee is within his or her first ten years of benefit eligible service with the University of Dayton , and is not contributing at least 5% toward the 403(b) plan, then the University will only be required to contribute the lower contribution as outlined in the Retirement section of this handbook.

The returning employee will be eligible to make up his or her contributions to the 403(b) plan for the time period that he or she was not able to do so because of not receiving pay from the University of Dayton . He or she will have three times the period of military service, not to exceed five years to make up those contributions. If those contributions are made at the level that would require the additional contribution from the University of Dayton toward the 401(a) plan, the University will make up those additional contributions as well. (e.g. If an employee with 3 years of benefit eligible service makes up 5% contributions for the preceding year, the University will contribute an extra 2.5% to the plan.)The IRS maximum will apply for each individual year that contributions are being made. No earnings will be credited to the accounts.

The employee on approved military leave will not incur any break in service with regard to either vesting or eligibility toward the contribution level.

Any outstanding loans may be suspended. Please contact the appropriate carrier to defer loan repayments.

Vacation and Paid Medical Time Off Accrual

During the first six months of qualified military leave while the employee is receiving the difference in pay noted in the section above titled Pay During Military Leave, the employee will continue to accrue vacation and paid medical time off at a reduced accrual rate equal to the percentage of salary being paid to the employee. At the time that the employee reaches the end of the six month time period, all accrual of vacation and paid medical time off will cease until the employee returns to active employment at the University of Dayton . Maximum accruals will still apply. The intent of this section of the policy is to provide equitable treatment between employees called to military duty and any other employee on an approved University of Dayton leave of absence.

Employees may elect to use any accrued vacation to supplement military pay but are not required to do so.

Life Insurance

While on a USERRA qualifying leave, the life insurance policies provided to employees by the University of Dayton will continue to remain in force at the same level at which they were in place immediately prior to the start of the leave.

Disability Insurance

While on USERRA qualifying leave, both the Short and Long-term Disability plans provided by the University of Dayton will remain in force for any employee who is enrolled in the plan immediately prior to the start of the leave. The level of coverage will be the level of coverage in force immediately prior to the start of the leave.

Tuition Remission

Employee Remission

Employees will continue to be eligible for tuition remission at the same level as they were eligible for prior to the start of the leave.

Dependent Remission

Dependents will continue to be eligible for tuition remission at the same level as they were eligible for prior to the start of the leave.

When an eligible employee’s dependent under age 25 is involuntarily called to active duty in any of the armed forces and that dependent would otherwise have been eligible to receive tuition remission during the period of duty, the dependent will be given tuition remission benefits for a period of time equal to the length of the active duty service or up to attaining age 25, whichever occurs first.

This period of time of eligibility will begin immediately following return from active duty and continue for the period of time stated above, as long as the parent remains employed at UD or is a retiree from the University of Dayton and is in a tuition remission eligible classification.

Athletic Ticket Discount

Employees will remain eligible to receive the discount on season football and basketball tickets at the same level as prior to the leave.

FMLA Eligibility Upon Reemployment

For purposes of determining eligibility for FMLA leave, employees returning from USERRA qualified leaves will be credited with time that would have been worked had they been continuously employed.

8.6       Jury Duty

The University encourages employees as citizens to perform jury duty when called.  The employee will receive full salary for up to two months while serving as a juror.  The employee will be permitted to keep any payment received from the court.

8.7       Subpoenas

If an employee is subpoenaed due to circumstances unrelated to University business, time off will be charged to vacation.  If no vacation is available, every effort will be made to allow the employee to make up the time within the same pay period.

8.8       Other Leave Requests

Other leave requests such as adoption; leave needed to care for the medical condition of a spouse, child, or parent; paternity leave for the birth or adoption of a child; or extended maternity leave after the physician releases the employee to return to work are not covered by the University’s Medical Leave of Absence Policy but do fall within the Family and Medical Leave Policy.  An employee cannot use available PMTO or salary continuation, but may choose to use accrued vacation leave for these conditions.  In some circumstances, paid time off (up to three days) may be available. (See Short-Term Absence/Illness, Section 4.2, page 16). In addition, the University may grant the employee up to six months of unpaid leave for these conditions.  To qualify for a leave of absence under this provision, the employee must submit a completed Application for Leave of Absence form to his or her supervisor.  The department and the office of human resources will determine whether to grant the leave and the time period of the leave. 

The total time away from work, both compensated and uncompensated, should not usually exceed six months.

 


This site is maintained by the Office of Human Resources.  Direct questions to Stefanie.Rich@notes.udayton.edu.

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