Absences from Work
Family and Medical Leave Act (FMLA)
Employees who have been employed for at least one (1) year and for at least 1,250 hours during the preceding 12-month period are eligible for family and medical leave. Department of Labor requires employers to choose one of four (4) methods for determining the 12-month period during which an employee may use 12 weeks of FMLA leave. The university has selected the “rolling” 12-month period, which measures backward from the date an employee uses any FMLA leave. For employees not eligible for family and medical leave, the university will review business considerations, other leave options, and the individual circumstances involved. Except for those employees designated as “highly compensated employees,” employees will be returned to the same or to an equivalent position. The reemployment issue for “highly compensated employees” will be reviewed on a case by case basis.
FMLA leave is unpaid, but it runs concurrently with available paid leave options. If leave is requested, the employee must use all of his or her available paid leave options to receive pay for all or a portion of the unpaid FMLA leave. The type of paid leave that can run concurrent with FMLA will depend on the reason for the FMLA leave. See below for additional information. Available paid leave options are reviewed on a case by case basis.
Reason for Leave
All employees who meet the applicable time of service requirements may be granted family or medical leave consisting of appropriate accrued paid leave and unpaid leave, for a period of twelve (12) weeks during a 12-month period. Listed below are the possible reasons for taking unpaid FMLA leave and the options available to the employee for receiving pay for all or a portion of the FMLA leave:
- a serious health condition that renders the employee incapable of performing the functions of his or her job – this may also qualify for short-term disability (STD) leave. If you are eligible for the STD plan and your STD claim is approved, your STD leave will run concurrently with your FMLA leave. You will be required to use available sick and safe time (if salaried staff or full-time faculty) or paid leave time (PLT) if a regular hourly employee during the first week of STD leave (the STD benefit waiting period). You cannot use available SST in conjunction with STD leave beyond the first week of approved STD leave.
- the birth of the employee’s child and in order to care for the child – if you are eligible for parental leave and/or STD leave, you may use available parental leave and/or STD leave concurrently with FMLA leave.
- the placement of a child with the employee for adoption or foster care – if you are eligible for parental leave, you may use available parental leave concurrently with FMLA leave;
- to care for a spouse, child or parent who has a serious health condition – you may use available sick and safe time or paid leave time (PLT) concurrently with FMLA;
- any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is on active duty or has been notified of an impending call or order to active duty in the U.S. National Guard or Reserves in support of a contingency operation. Available paid leave options will be determined on a case-by-case basis depending on the reason for leave and may include family emergency leave, PLT, vacation or sick and safe time leave; available paid leave options will run concurrently with FMLA leave.
Under the FMLA, employees may also take up to twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the service member (Military Caregiver Leave). Available paid leave options will be determined on a case-by-case basis depending on the need for leave and may include sick and safe time, PLT, and/or family emergency leave; available paid leave options will run concurrently with FMLA leave.
The entitlement leave for the birth or placement of a child for adoption or foster care will expire twelve (12) months from the date of the birth or placement.
Procedure for Requesting Leave
FMLA and short-term disability benefits are administered through Sun Life, which specializes in reviewing, approving, processing and tracking short-term disability and FMLA leave requests with the oversight of expert medical and legal staff.
You can file a claim over the phone or online. To begin the process of filing a claim, please contact Sun Life and FMLASource in one of the ways below:
Phone: 877-SUN-LIFE (877-786-3652)
Online: https://fmla.sunlife-usa.com (Your Employee Number is your UST ID number)
Benefits Coverage During Leave
During a period of family or medical leave, an employee will continue to be eligible for the university’s medical plan under the same conditions that applied before leave commenced. To continue medical coverage, the employee must continue to make any contributions that he or she made to the plan before taking leave. The same holds true for other university benefits programs. Special rules apply to those who become disabled under the university’s long-term disability plan for more than one year from the date of disability.
An employee is not entitled to the accrual of any seniority or employment benefits that would have occurred if not for the taking of leave. An employee who takes family or medical leave will not lose any employment benefits that accrued before the date leave began.
Restoration of Employment Following Leave
An employee eligible for family and medical leave—with the exception of those employees designated as “highly compensated employees”—will be restored to his or her old position or to a position of equivalent pay, benefits, and other terms and conditions of employment. Prior to returning to work, the employee must submit a “Fitness for Duty” form to the Benefits Specialist. The university cannot guarantee that an employee will be returned to his or her original job. A determination as to whether a position is an “equivalent position” will be made by the university.
Family Emergency / Parental Leave (See Family Medical Leave Act)
The University of St. Thomas recognizes that there may be times when it is necessary for an employee to be absent from work in order to address a critical family matter that may not be covered by other university leave policies. All regular employees are eligible to request a Family Emergency/Parental Leave. (Union members must refer to their union contract.) To assist employees in meeting these family obligations, the University will provide the following:
Family Emergency Leave
An employee can request up to two weeks of paid leave for a serious family emergency requiring the employee's immediate assistance. For purpose of this benefit, "family" is defined as employee’s spouse, son or daughter, parents, or persons defined as "dependents" by the IRS for tax purposes. Paid leave for a serious family emergency shall be granted after the employee has used all of his/her available vacation or PLT time.
An employee can request up to two weeks of paid leave in conjunction with the birth or adoption of a child. In the case of a birth mother, the additional two weeks shall be granted after the employee’s disability benefits have ended. A birth father or adoptive parent may request leave no sooner than two (2) weeks prior to the expected delivery/arrival date and no later than six (6) weeks after the birth or adoption. If both parents are employed by UST and are eligible for parental leave benefits, they may either share one parental leave (e.g., each parent takes one week of parental leave) or they may designate one parent to take the leave.
Procedure for Requesting Leave
All requests for family emergency/parental leave must be submitted by completing the Parental/Family Emergency Leave Request.
You will be required to provide the following information:
- Reason for family emergency/parental leave.
- Requested leave time (dates or approximate dates if unknown).
The completed request should be sent to the Benefits Office in the Human Resources Department located in AQU217 or e-mailed to email@example.com. The Benefits Specialist will obtain approval from the employee’s department head and appropriate academic and administrative leader.
No more than one Family Emergency/Parental Leave will be granted per rolling year, e.g. if you request a parental or family emergency leave effective March 1, 2009, you are ineligible to do so again until March 1, 2010. In addition, a family emergency leave is permitted for a specific situation occurring at a specific point in time. Employees may not take this type of leave on an incremental basis. Under this policy, the types of emergencies covered generally require an employee to use the family emergency leave in one block of time and not spread it out over several weeks or months.
[Note: This leave may be counted toward an employee’s FMLA leave as set forth by the Family Medical Leave Act (FMLA). The FMLA does not require that this time be paid—although the leave of absence under the Family Emergency/Parental Leave policy provides employees paid time off.]
Regular part-time and full-time salaried and hourly paid employees are provided a maximum of 24 hours of paid leave for the death, funeral, or estate settlement of a member of the employee’s immediate family. Immediate family members are defined as the employee’s spouse, father, mother, stepfather, stepmother, children, stepchildren, father-in-law, mother-in-law, brother and sister.
Eligible employees are provided eight hours of paid leave to attend the funeral of grandparents, grandchildren, brother-in-law, or sister-in-law.
Employees who wish to take more than the number of days allotted for funeral leave as detailed above, may use vacation, PLT, or leave without pay for the additional time with prior supervisory approval. Employees who wish to take time off work for the funeral of someone other than the family members described above, may use vacation, PLT, or leave without pay for the additional time with prior approval from their supervisor.
Hourly Employees Purchased Leave Time Program
The hourly employees purchased leave time program (HEPLT) is available to newly eligible hourly employees hired prior to September 1 and to all regular hourly employees during annual enrollment.
HEPLT provides additional paid time off to eligible hourly employees who need or want a few extra days beyond their normal paid leave time (PLT) accrual. With HEPLT, employees are able to purchase additional time off in full day increments up to five (5) days or 40 hours in a calendar year in return for a pro-rated reduction in their salary. While HEPLT may provide employees with time to spend with their families during holidays, it may also mean that an employee has time to pursue a particular hobby or further study. Please consult the HEPLT web page on the Human Resources website for additional information.
Inclement Weather Closing
In order to ensure continuity of services to students and the public, the University of St. Thomas rarely closes. It recognizes, however, that severe weather conditions or other emergencies may require the University to close or cease parts of its campus operations. Should this occur, the University will follow the guidelines provided below.
- The University administration maintains a weather emergency tele-chain communication network. This network is activated by the Executive Vice President / Chief Academic Officer. Supervisors and managers who are notified of the closing by their immediate supervisor shall, in turn, notify each employee who reports directly to them of the decision.
- Since the timing of a campus closing decision is important, as students, faculty, and/or staff may already be in route to the campus, the University will make the decision by 6 a.m., whenever possible.
- WCCO Radio (AM 830) is designated as the official closing notification station. WCCO is a “clear channel” station and its signal can be clearly received by all radio listeners in the Twin Cities metro area. All students, staff, and faculty will know exactly what decision has been made if they listen to WCCO Radio. The station will continue to update all closing information between 6:00 and 8:00 a.m.
- In addition to WCCO, the University will notify several television stations and other radio stations of the closing decision. They, in turn, will broadcast the closing information.
- A community wide message will also be enacted in each voice mail box as well as on the university’s switchboard announcing the official closing.
- When the University is officially closed, all classes are canceled, and all administrative offices are closed for the day. If the inclement weather subsides as the day progresses, evening classes and activities will continue as scheduled, if the decision is announced on WCCO Radio. This decision will be made no later than 4:00 p.m.
Emergency Essential Personnel
During a campus closing, employees working in emergency essential areas or functions are required to report to work. Emergency essential personnel are employees who have been designated as vital to the operation of the University during emergencies, whose presence is required regardless of the existence of an emergency, and whose absence from duty could endanger the safety and well-being of the campus population and/or the university’s physical facilities. Below is a list of the positions and/or functions that meets the definition of emergency essential areas.
- Public Safety Officers
- Certain Physical Plant employees, such as Physical Plant managers, building service workers, grounds workers, shift supervisors and manager, maintenance mechanics, and electricians
- IRT Server Administrators
- Food Service Workers
Please note that during the fall and spring semesters when the University is officially closed due to inclement weather, the O’Shaughnessy-Frey Library Center and the Ireland Library will attempt to be open with a limited staff.
Employees working in positions designated as "emergency essential" are expected to remain at work if the campus closes during their regular work schedule, or to report to work if the campus closing announcement is made before their regular work schedule begins.
Staff Compensation During an Emergency Closing
With some exceptions, as noted below, the University provides an authorized paid absence from work to those employees whose positions are not listed as “emergency essential” and who were scheduled to work on the day of the emergency closing. Other employees are compensated as follows.
- Regular staff whose positions are designated “emergency essential” shall receive pay for hours actually worked the day of the emergency closing in addition to their regular pay for all scheduled work hours that day.
- Regular staff scheduled to work, except those in positions designated as “emergency essential personnel” are not required to call in or report to work when the University is closed and will receive their regular base rate of pay for hours scheduled. Part-time employees will be paid for the number of hours previously scheduled to work.
- Staff represented by a union will be compensated according to the terms of their collective bargaining agreements.
- Employees not scheduled to work on the day of the emergency closing will not be paid for that day. Part-time employees will be paid for the number of hours previously scheduled to work.
- Hourly employees who staff the libraries will be paid for hours actually worked the day of the closing in addition to regular pay for hours scheduled to work that day.
- Employees who are on approved vacation leave when a University closing is declared are not eligible for the paid emergency closing day. Likewise, employees who previously requested and received approval to take any type of paid or unpaid leave of absence (such as vacation, PLT, etc) shall not be compensated for the emergency closing.
- Employees who are unable to report to work due to weather conditions but during times when the University is open may use vacation, Paid Leave Time (PLT), or take an unpaid leave of absence. However, the University expects employees to make a good faith effort to report to work during inclement weather if the University has not declared an emergency closing.
Employees who are called to serve on jury duty or are serving as a witness in answer to a subpoena or other court order (unless the proceeding involves a personal or family matter), will be provided the time off with pay, up to a maximum of two weeks. This time off will not be charged against the employee’s vacation/PLT time. Employees may request unpaid leave for jury duty that exceeds two weeks.
For the period in which the employee receives paid leave, money received for jury duty or for serving as a witness must be given to the University’s Payroll Department. Employees are not required to turn in money received for food, lodging and transportation expenses.
Employees who are required to appear in court in a personal legal proceeding must take vacation/PLT time, a leave of absence without pay, or, sick and safe time leave (when available) unless the legal proceeding has a direct relationship to the employee’s position at the University of St. Thomas.
Medical Recovery Leave Following Childbirth
Paid leave for medical recovery following childbirth will be available for eligible employees under the short-term disability plan (STD). Short-term disability leave commences when the employee is medically unable to work, and continues after the date of delivery until the employee's physician indicates the employee is medically able to return to work, which is typically six weeks after the birth of the child. During the first week of disability (the STD benefit waiting period), the employee will be required to use available sick and safe time (if salaried staff or full-time faculty) or PLT (if a regular hourly employee). Short-term disability leave runs concurrently with FMLA leave. Parenting leave beyond the return-to-work date certified by the physician may be granted in accordance with the FMLA, the Family Emergency/Parental Leave Policy, and other arrangements the employee may make with her supervisor to use vacation, PLT, or additional unpaid leave.
If the employee is not eligible for the STD plan, the employee may apply for other forms of available paid leave for which he or she may be eligible such as FMLA, parental leave, and sick and safe time. Note that some of these leaves may run concurrently.
If you are a member of the National Guard or organized reserves, you are eligible for required military training leave each year. The university will reimburse you for the difference between your military training pay and your regular university salary for up to two (2) weeks per year. Military training leave not exceeding two (2) weeks annually will be provided in addition to your regular vacation.
Military leave in excess of two (2) weeks annually will be considered a leave of absence without pay and will be handled according to the Uniformed Services Employment and Reemployment Rights Act (USERRA). The university will not reimburse you for the difference between your military pay and your regular university salary for leaves that exceed two (2) weeks.
Supervisors will grant time off for the observance of religious holidays that are not observed by the university, provided the employee requests the time off at least two weeks in advance.
Such time off will be unpaid unless available vacation or PLT is used. Rearrangement of the employee’s schedule may be possible instead of unpaid time off with prior supervisory approval.
School Conference Leave
Employees are eligible for unpaid leave of up to 16 hours per year to attend a child's school activities, including attendance at or monitoring of child care, pre kindergarten conferences or activities, or musical and sporting events, if the conference or classroom activity cannot be scheduled during non-working hours. The employee must notify the supervisor prior to taking time off. The employee may use available vacation or PLT for this time.
There are some situations when an employee may feel it is necessary to be away from work for an extended period of time. Before an employee can request an unpaid leave of absence all available paid leave time (such as vacation, PLT, floating holiday, disability, and family emergency/parental leave) must be depleted.
Except in situations where there is a clear, urgent emergency, requests for unpaid leave should be made in writing to the employee’s supervisor at least 30 days prior to the expected start of the leave.
The final decision concerning the request will be made by the department head in conjunction with the Vice President for the area and the appropriate person(s) in the Department of Human Resources.
During an unpaid leave of absence that is shorter than 2 months, the employee will be required to pay the employee cost of his/her benefits. The balance of the fringe benefits will be continued by the university. For unpaid leaves that are longer than 2 months, COBRA is triggered. The employee will be required to pay for the full cost of any fringe benefits they would like to continue during the leave, effective the first day of the month following the start of the leave.
Voluntary Unpaid Leave of Absence
As part of the University’s ongoing efforts to control and reduce cost, it has adopted a voluntary unpaid leave of absence program. This program affords staff members the opportunity to take time off without pay. All unpaid leaves granted under this program must be initiated by the employee, approved by the employee’s department head and appropriate academic and administrative leader, and taken on a voluntary basis.
In accordance with state law, all employees are permitted to be absent from work for the purpose of voting in state and presidential primaries, as well as in state general elections and congressional elections. In order to ensure appropriate staffing levels, employees should inform their supervisor if they need time off work to vote and work with the supervisor and other co-workers to coordinate timing of their absence. Employees may take only as much time as needed to appear at the polling place, vote and then return to work, if within normally scheduled hours. Employees are not required to use PLT or other available paid leave.
Employees who serve as an election judge must give their supervisor 20 days written notice of their expected absence from work for this purpose. Employees serving as an election judge will be allowed the time off with pay, provided documentation is received from the appointing authority that verifies the actual hours served in this capacity. In turn, compensation received as an election judge must be signed over to the university.