Family and Medical Leave Act (FMLA) Leave. The provisions of this article are intended to comply with the family and medical leave act of 1993, and as amended, and any terms used from the FMLA will be as defined in the act. To the extent that this article is ambiguous or contradicts the act, the language of the act will prevail. Except as expressly provided in this article, these FMLA provisions do not impair any rights granted under other provisions of this agreement. The link to the department of labor website and FMLA detail can be found at: XXXX://XXX.XXX.XXX/WHD/FMLA/INDEX.HTM 8.11.2.1 A faculty member is eligible for a FMLA Leave if the faculty member has been employed by the University for the equivalent of one (1) year and at least twelve-hundred fifty (1250) hours during the twelve (12) month period immediately preceding the faculty member’s request for leave or the date on which the leave commences, whichever comes first. 8.11.2.2 Subject to the notice and certification requirements described below, an eligible faculty member may request and will be granted up to twelve (12) workweeks of unpaid FMLA leave during any twelve (12) month period for one (1) or more of the following events: a. the birth of a child and to care for the newborn child within one year of birth b. the placement with the employee of a child for adoption or xxxxxx care and to care for the newly placed child within one year of placement c. to care for the employee’s spouse, child, or parent who has a serious health condition d. a serious health condition that makes the employee unable to perform the essential functions of their job e. any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty” 8.11.2.3 The taking of a FMLA Leave shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced; provided, however, that nothing in this sentence shall be construed to entitle any faculty member who returns from leave to the accrual of any seniority or employment benefits during the period of the leave or to any right, benefit, or position to which the faculty member would have been entitled had the faculty member not taken the leave. 8.11.2.4 Faculty members who take a FMLA Leave for the intended purpose of the leave shall be entitled, on return from the leave, to be restored by the Employer to the position of employment held by the faculty member when the leave commenced or an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. 8.11.2.5 During the period of a FMLA Leave, the Employer shall maintain coverage under any group health plan as defined by the FMLA for the duration of such leave and at the level and under the conditions coverage would have been provided if the faculty member had continued in employment for the duration of the leave; provided, however, that the Employer may recover the premiums paid for maintaining coverage for the faculty member under such group health plan during the period of a FMLA Leave if the faculty member fails to return to work for reasons other than the continuation, recovering, or onset of a serious health condition entitling the member to leave under Sections
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Faculty Agreement, Faculty Agreement
