Other Types of Leave
Emergency Leave | Leave for Pregnancy or Childbirth | School Conferences and Activities Leave | Jury Duty | Military Leave | Community Services | Resignation Due to Seminary Internship | Leave Due to Personal Reasons | Bone Marrow Donation Leave
A. Family and Medical Leave
The seminary provides for leaves for a variety of family and medical reasons. Such leaves are subject to a complex set of requirements imposed by the Federal Family and Medical Leave Act (FMLA) and the Minnesota Parenting Leave Act. A summary of leave available under the FMLA is provided below. More specific information is available in the payroll and campus services offices. Where they do not conflict with federal or state requirements such leaves are also subject to the specific provisions stated below. Applications for leaves should be stated in writing to your immediate supervisor.
Federal FMLA Leave: “FMLA Leave” means the leave required by the federal Family and Medical Leave Act. FMLA Leave is unpaid leave that may be taken for the following reasons:
- To care for your newborn or newly-placed adoptive or foster child.
- To care for your parent, child, or spouse with a serious health condition.
- To care for your own serious health condition.
Length of Leave: Eligible employees may, in any 12-month period, take a total of up to 12 weeks of FMLA Leave for any combination of the three reasons listed above. The 12-month period is a “rolling” 12-month period measured backward from the date an employee uses any FMLA Leave.
Eligibility for FMLA Leave: To be eligible for FMLA Leave, you must have been employed by the seminary for at least 12 months (not necessarily consecutive) and have worked at least 1,250 hours for the seminary during the 12 months immediately prior to the date the FMLA Leave is to begin.
Notice: You must provide the seminary with at least 30 days notice before a leave is to begin if the need for the leave is foreseeable. If the starting date is not foreseeable, you must provide as much notice as is practicable. If a medical emergency prevents you from personally giving notice, someone else (such as a spouse, parent, or adult child) may give the notice. Notice should be given to the Vice President for Administration and Finance and your supervisor or department head.
Medical Certification: If you are requesting leave because of a serious health condition (your own or that of a covered relation), you and the relevant health care provider must supply appropriate medical certification of your eligibility for leave. You may obtain the Medical Certification Form from Payroll. Whenever possible, the Medical Certification should be supplied prior to the commencement of leave. Failure to provide requested certification within 15 days, if such is practicable, may result in delay of further leave until certification is provided.
Return to work: In general, when you return from FMLA Leave you will be placed in the same situation as you would have been in at that time had you not taken the leave. This means, for example, that you will be restored to the same position held before the leave began or an equivalent position, unless during the leave the position was changed in such a way as would have affected you had you not been on leave (e.g., a layoff or general reduction in hours). The seminary may require you to confirm that you intend to return to work at the end of the leave.
Benefits: You will not lose any benefits accrued before the leave, but will not accrue benefits or seniority during the leave (e.g., vacation time, holiday pay). During the leave, you will remain eligible for group insurance coverages under the same conditions that apply to active current employees. The seminary will continue to pay its share of the premiums.
The seminary's contribution toward the cost of group health coverage will stop if and when the employee fails to return to work at the end of a leave, when the employee advises the seminary that he or she does not intend to return to work, or when the employee fails to make a required payment of the employee's share of the cost within 30 days of when the payment was due, whichever happens first. At that point, the employee will be entitled only to elect any COBRA continuation coverage for which the employee is eligible. The 18-month COBRA period will be measured from the date the seminary-provided coverage stops.
If you do not, for reasons within your control, return from leave and work at least 30 calendar days, the seminary may seek reimbursement for the premiums that it paid during the leave.
Use of Paid Time Off: If you are eligible for paid time off under the seminary’s sick leave, or short- or long-term disability policy, you must use available accrued paid time simultaneously with the FMLA leave. Using paid time while on an FMLA leave will not increase the amount of FMLA Leave available.
Federal Rights: Federal law prohibits interference with or denial of the exercise of rights under the FMLA or discrimination against persons who oppose practices made unlawful under the Act. Employees who believe the Act has been violated are encouraged to contact the Vice President for Administration and Finance, which will promptly investigate the issues. Employees who believe the Act has been violated have the right to seek civil remedies or to file a complaint with the United States Department of Labor.
B. Emergency Leave
In the event of an emergency (serious injury, illness or death) involving your immediate family (defined as spouse, children, parents, siblings, grandparents. and respective in-laws), you may be granted paid leave of up to five days per year (prorated in the case of part-time employees).
C. Leave for Pregnancy or Childbirth
Paid leave for pregnancy or childbirth is available, to the extent medically necessary, under the seminary’s disability leave program.
D. School Conferences and Activities Leave
The seminary may grant up to 16 hours per school year to enable you to attend school conferences and classroom activities related to your child’s education. The leave is unpaid unless vacation or compensatory time is used for the hours absent.
E. Jury Duty
Should you be called to jury duty you are allowed ten working days during which time you will receive your normal salary in addition to earned compensation as a juror. In the event that jury duty exceeds ten working days, you will receive the difference between jury duty compensation and your normal seminary salary.
F. Military Leave
If you are a member of a military reserve or National Guard unit you are allowed ten working days per calendar year during which time you will receive your normal salary in addition to earned military compensation. The seminary will also accommodate requests to take paid vacation to which you are entitled at the time the military leave is required.
G. Community Services
The seminary encourages you to become involved in your community, however, the seminary shall assume no financial responsibility for your time away.
H. Resignation Due to Seminary Internship
This is not considered a leave of absence but rather a resignation of employment. As such, there is no guarantee of reemployment. However, this does not preclude reemployment if a suitable position is available at the time of return to the seminary. If reemployed, vacation will be handled as if the employee were hired for the first time.
I. Leave Due to Personal Reasons
The seminary shall assume no financial responsibility.
J. Bone Marrow Donation Leave
According to Minnesota law, if you should donate bone marrow you will be paid up to 40 hours for the work time missed due to the donation and recovery.