Unpaid Family and Medical Leave

After one year of service, Fund employees who have worked for at least 1250 hours during the 12 month period prior to the requested leave are entitled to a maximum of 26 weeks of unpaid “family or medical leave” (“FML leave”) within a 12 month period. For purposes of measuring entitlement to FML leave, the 12 month period is measured backwards on a rolling basis from the date an employee uses any FML leave.

For purposes of this Unpaid Family and Medical Leave policy, “family member” means an employee’s spouse or domestic partner, child, step-child, parent, parent-in-law, or domestic partner’s child or parent.

FML leave means unpaid leave in the event of any one, or a combination, of the following:

a)   the birth, adoption or placement for foster care of a child to an employee, or to an employee’s domestic partner;

b)  the serious health condition of an employee which makes him/her unable to perform the functions of his or her position;

c)  the serious health condition of an employee’s family member that involves inpatient care or continuing medical treatment by a health care provider;

d)  any “qualifying exigency” arising out of the fact that an employee’s family member is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces, including but not limited to, helping to arrange for or temporarily provide childcare, assisting with a family business or completing the sale of personal property;

e)  an employee’s need to care for a service member (employee’s family member, as defined above, or where the employee is next of kin (closest blood relative) to the service member), who has incurred an injury or illness in the line of duty while on active duty in the Armed Forces (including the National Guard or Reserves), provided that such injury or illness may render the service member medically unfit to perform the duties of the service member’s office, grade, rank or rating. The service member must be

i) undergoing medical treatment, recuperation or therapy,

ii) be in outpatient status, or

iii) otherwise be on the temporary disability retired list for a serious injury or illness.

Employees requesting unpaid FML leave must substitute any applicable accrued paid leave for unpaid leave, including, but not limited to, annual leave, child care leave, sick leave, short-term disability and/or workers’ compensation. Such paid leave will be counted against the employee’s entitlement to 26 weeks of FML leave.

An employee requesting FML leave must give 30 days’ notice to the Personnel & Benefits Administrator, except when emergency circumstances warrant shorter notice or where the need for leave was not foreseeable. Employees requesting leave under sections b), c) and e) above must provide certification by a health care provider indicating the medical basis and necessity for the leave requested and the probable duration of the condition, and provide such certification every 30 days during FML leave. Employees must also communicate with the Personnel & Benefits Administrator every 30 days during FML leave concerning the employee’s status and intent to return to work. Voice mail messages are not acceptable.

FML leave under sections b), c), d) and e) may be taken intermittently or on a reduced leave schedule. Requests for intermittent or reduced leave on account of birth and care of a child or adoption/foster care placement shall be granted if granting such leave will not result in an unduly negative impact on the organization’s substantive work or costs.

Health insurance coverage for an employee on FML leave will be continued on the same terms and conditions as if the employee were not on leave. An employee who fails to return to work after taking FML leave may be required to reimburse the Fund for premiums paid to maintain health coverage during the leave.

Most employees who return to work within 16 weeks (or 26 weeks if FML leave is taken under section e) above) will be reinstated to the same or an equivalent position as the one held by the employee prior to going on FML leave. The Fund will provide a position for an employee who returns to work after 16 weeks when FML leave is taken under sections a) through d) above, but neither the prior position, nor an exactly equivalent position, can be guaranteed. There will be no loss of benefits accrued prior to the leave. However, the employee will not be entitled to accrual of seniority or benefits (including paid holidays, annual leave, sick leave and other paid leave) during any period of unpaid leave. Failure to return to work from FML leave on the return date of the first workday following the expiration of FML leave will constitute voluntary termination of employment with the Fund unless alternative arrangements have been made with the Fund prior to the return date or expiration of such leave. Those employees who are among the highest paid ten percent of the employees of the Fund may be denied restoration to their original position if such denial is necessary to prevent substantial and grievous injury to the Fund’s operations and programs.

The Fund provides leave that goes beyond the minimum provisions of the Family and Medical Leave Act of 1993 (FMLA). The 12-week (or 26 –week for caregiver for injured or ill military service member) leave entitlement under the FMLA is in addition to the additional weeks of leave provided by the Fund’s FML leave policy as described above.

However, paid child care leave and paid family leave, as described below, will run concurrently with leave taken pursuant to the FMLA or the Fund’s FML leave (with the exception of leave taken due to the employee’s own health condition).

Spousal or Domestic Partner Military Active Duty Leave

Any Fund employee who regularly works at least 20 hours per week and whose spouse or domestic partner is on active duty in a combat theater or zone of operations is entitled to up to ten (10) days of unpaid leave while that spouse or domestic partner is on leave from active duty.