Canisius College

The Leave Policy
You are eligible to take unpaid family/medical leave of up to 12 weeks within a 12-month period and be restored to the same or an equivalent position upon your return from leave. To qualify, you must have worked for the college for at least 12 months and for at least 1,250 hours in the last 12 months preceding anticipated first day of leave.

How Leave is Calculated
Rather than the fiscal year, the calendar year, or the school year, this plan operates on an individualized “rolling” 12-month period measured backward from the date the employee uses any family/medical leave. Each time an employee takes family medical leave, the remaining entitlement is any balance of the 12 weeks which has not been used during the immediate preceding 12 months.

For example, if an employee has taken eight weeks of leave during the past 12 months, an additional four weeks of leave could be taken. If an employee used four weeks beginning February 1, 2007, four weeks beginning June 1, 2007, and four weeks beginning December 1, 2007, the employee would not be entitled to any additional leave until February 1, 2008. However, beginning February 1, 2008, the employee would be entitled to four weeks of leave, on June 1 the employee would be entitled to an additional four weeks, etc.

Reasons For Leave
You may take family/medical leave for the following reasons:

1. the birth of a child, to care for the child;
2. the placement of a child with you for adoption or foster care, to care for the newly placed child;
3. to care for a spouse, child, or parent with a serious health condition; or
4. because of your own serious health condition which renders you unable to perform an essential function of your position (including those qualifying for worker’s compensation/NYS disability).

Leave because of reasons 1 or 2 must be completed within the 12-month period beginning on the date of birth or placement. In addition, spouses employed by the college who request leave because of reasons 1 or 2 or to care for an employee’s parent with a serious health condition may only take a combined total of 12 weeks leave during any 12-month period.

Notice of Leave
If your need for family/medical leave is foreseeable, you must give the college at least 30 days prior written notice. If this is not possible, you must give notice as soon as practicable (within 2 business days of learning of your need for leave). Failure to provide such notice may be grounds for delay of leave. Additionally, if you are planning a medical treatment you must consult with the college first regarding the dates of such treatment. Where the need for leave is not foreseeable, you are expected to notify the college within 2 business days of learning of your need for leave, except in extraordinary circumstances. The college has Request for Family/Medical Leave forms available from the Human Resources Department. You should use these forms when requesting leave.

Medical Certification
If you are requesting leave due to a serious health condition, you and the relevant health care provider must supply appropriate medical certification. You may obtain Medical Certification forms from the Human Resources Department. If you provide at least 30 days notice of medical leave, you should also provide the medical certification before leave begins. Failure to provide requested medical certification may result in denial of leave until certification is provided.

The college, at its expense, may require an examination by a second health care provider designated by the college if it reasonably questions the medical certification you initially provide. If the second health care provider’s opinion conflicts with the original medical certification, the college, at its expense, may require a third, mutually agreeable, health care provider to conduct an examination and provide a final and binding opinion. The college may require subsequent medical re-certification. Failure to provide requested certification within 15 days, if practicable, may result in delay of further leave until certification is provided.

Reporting While on Leave
If you take leave due to a serious health condition, you must contact the college on a periodic basis regarding the status of the condition and your intention to return to work. In addition, you must give notice as soon as practicable (within 2 business days) if the dates of leave change or are extended or initially were unknown.

Leave is Unpaid
Family/medical leave is unpaid leave (although if for your own illness, you may be eligible for short or long-term disability payments and/or workers’ compensation benefits under those plans). If you request leave due to your own serious health condition, any accrued paid sick leave first will be substituted for any unpaid family/medical leave. If you request leave to care for a spouse, child, or parent with a serious health condition, or for a birth, adoption or foster care placement of a child, accrued family care days or paid vacation may be substituted for any unpaid family/medical leave. Part-time employees may use accrued paid time off for any family/medical leave. The substitution of paid leave time for unpaid leave time does not extend the 12-week leave period. Further, in no case can the substitution of paid leave time for unpaid leave time result in your receipt of more than 100 percent of your salary.

Medical and Other Benefits
During an approved family/medical leave, the college will maintain your health benefits as if you continued to be actively employed. If paid leave is substituted for unpaid family/medical leave, the college will deduct your portion of the health plan premium as a regular payroll deduction. If your leave is unpaid, you must pay your portion of the premium directly to the college. Your health care coverage will cease if your premium payment is more than 30 days late. If your payment is more than 30 days late, we will send you a letter to this effect. If we do not receive your co-payment within 15 days of this letter, your coverage will cease. If you elect not to return to work for at least 30 calendar days at the end of the leave period, you will be required to reimburse the college for the cost of the health benefit premiums paid by the college for maintaining coverage during your unpaid leave, unless you cannot return to work because of a serious health condition or other circumstances beyond your control.

While you are on Family Medical Leave, you are still employed, and seniority continues. Vacation and sick leave will not accrue during any unpaid portion of the FMLA.

Intermittent and Reduced Schedule Leave
Leave because of a serious health condition may be taken intermittently (in separate blocks of time due to a single health condition) or on a reduced leave schedule (reducing the usual number of hours you work per workweek or workday) if medically necessary. The college will reduce your salary based on the amount of time actually worked. In addition, while you are on an intermittent or reduced schedule leave, the college may temporarily transfer you to an available alternative position which better accommodates your recurring leave and which has equivalent pay and benefits.

Returning from Leave
If you take leave because of your own serious health condition, (except if you are taking intermittent leave) you are required to provide medical certification that you are fit to return to work. Employees failing to provide return to work certification will not be permitted to resume work until it is provided.

No Work While on Leave
The taking of another job while on Family/Medical Leave is grounds for immediate termination.

State and Local Family and Medical Leave Laws and Other College Policies
Where State or local family and medical leave laws offer more protections or benefits to employees, the protections or benefits provided by such laws will apply.