Information on Family & Medical Leave (FMLA)
Regular, benefits-eligible employees accrue vacation based on hours paid up to a maximum of 22 working days per year. Vacation does not accrue during unpaid time off.
Full-time employees hired or transferred into a benefits-eligible position on or before June 30, 2008 cannot begin a fiscal year with a vacation balance greater than 22 days. Full-time employees hired or transferred into a benefits-eligible position on or after July 1, 2008 cannot maintain an accrual balance greater than 22 vacation days at any one time.
Part-time employees cannot carry a balance greater than their maximum accrual rate with the exception of those employees who transition from full-time to part-time status and those employees hired on or before June 30, 2008. Part-time employees hired or transferred into a benefits-eligible position on or before June 30, 2008 cannot begin a fiscal year with a vacation balance greater than their maximum annual accrual.
Vacation may be taken after the 6-month orientation period concludes. The scheduling of vacation time requires the prior approval of the supervisor. Schools and departments may have additional requirements. Partial days of vacation may be granted at the discretion of the supervisor.
An employee with six (6) or more months of continuous regular service whose employment is terminated for any reason will be paid for accrued unused vacation time up to the maximum accrual (22 days for full-time employees). Terminating employees may not use vacation in lieu of providing notice of their intention to resign.
Full-time and part-time employees working 20 hours or more per week on a regularly scheduled basis may be allowed up to three (3) days off, including the day of the funeral, without loss of pay, for a death occurring in the immediate family. Funeral leave is to be requested when time off is required during scheduled work hours. Immediate family includes a spouse, domestic partner, child, stepchild, grandchild, parent, stepparent, parent-in-law, daughter-in-law, son-in-law, brother, sister or half brother or sister.
In the case of the death of an employee’s own grandparent, great-grandparent, great-grandchild, brother-in-law, sister-in-law, stepbrother, stepsister, aunt, uncle, nephew, niece or first cousin, only the day of the funeral may be granted as a day without loss of pay.
It is the employee’s responsibility to notify his or her supervisor of the absence. Funeral leave may be granted on more than one occasion during the year. Funeral leave will only be time off with pay from regularly scheduled work.
Full-time and part-time employees working 20 hours or more per week on a regularly scheduled basis who are called for jury duty will be excused from work without loss of pay during the time spent as a juror. Employees may also keep any compensation received from the Court while on jury duty. Time spent serving as a juror is not considered time worked when computing overtime.
An employee should notify the supervisor immediately upon receipt of a summons for jury duty.
At the discretion of the supervisor and department head, an employee with five (5) or more years of continuous full- or regular part-time service may be granted time off, without pay, up to a maximum of four (4) weeks. Whether an employee is granted a personal leave may depend upon job requirements, the availability of a temporary replacement and the projected ability of the department to reinstate the employee after the leave. The employee is entitled to return to his or her position or a comparable position as long as he or she returns to work on the date agreed upon with the supervisor and department head. Benefits will continue during a personal leave and the employee will be responsible for payment of the employee portion of the premium. Sick and vacation time do not accrue. Employees on personal leave are not eligible for unemployment benefits.
An employee cannot be engaged in alternate employment during a personal leave.
Paid sick time provides financial assistance to regular full-time and part-time employees working 20 hours or more per week on a regularly scheduled basis who are unable to work due to personal illness or injury. It is not to be used for absences resulting from intemperance, personal negligence, or the illness of another family member, nor is it to be used for routine medical or dental appointments. “Routine” appointments would include annual health or dental exams and tests that are scheduled to make sure an employee is healthy (such as colonoscopies, blood pressure checks, mammograms).
Time that employees spend away from work for the purpose of caring for family members is not reimbursable as sick time.
Regular benefits-eligible employees accrue sick time based on hours paid. The maximum annual accrual is 12 days (equates to 90 hours for employees who work 37.5 hours per week and 96 hours for employees who work 40 hours per week). A maximum of 120 days of sick time may be accumulated but no pay for unused sick time will be granted to an employee whose service is terminating. Each employee is allowed up to five (5) instances of sick time per year without medical verification. An instance is defined as one absence of less than one full day or an absence of one full day. An absence of two consecutive days is considered two instances.
The remainder of sick time granted per year requires acceptable medical verification that includes certification that the employee is being treated, is unable to work and indicates the approximate amount of time necessary to be away from work. Management may request, at any time, that an employee turn in a statement, signed by a physician, stating the employee was unable to work with the applicable dates. Sick time does not accrue during unpaid time off. Paid sick time may not be used until the completion of six (6) months of employment.
An employee who has accumulated 12 days or more of sick time and is not absent during the following fiscal year due to illness (other than illness covered by the Family and Medical Leave Act) receives one (1) paid personal holiday to be taken in the following fiscal year.
An employee who has accumulated 60 days or more of sick time and is not absent during the following fiscal year due to illness (other than illness covered by the Family and Medical Leave Act) receives two (2) paid personal holidays to be taken in the following fiscal year.
Personal holidays are pro-rated for part-time employees, do not accumulate and are not paid at termination.
Abuse of Sick Time
Paid sick time is a privilege extended by the University. Employees who abuse this privilege may be subject to disciplinary action up to and including termination of employment.
Termination of Employment
Terminating employees are not compensated for unused sick days or unused personal holidays.
Departmental Leave of Absence
A departmental leave of absence is designed to provide job-protected, extended time off to employees who are unable to work due to medically related reasons. Regular full-time and part-time employees with a full year of service and having worked 1,250 hours over the previous 12 months are eligible for this benefit. The maximum amount of time off available is a total of six (6) months in a 12 month period. Time off granted under this policy is coordinated with the time off benefits provided by the FMLA and the University’s family and medical leave policy. Additionally, time off granted under this policy is coordinated with the University's Long Term Disability buy-up program. Departmental leave will run concurrent with LTD until departmental leave is completed. Employees are required to use accrued sick time while on departmental leave. When accrued sick time is exhausted, employees are required to utilize accrued vacation time. Once sick time and vacation are exhausted, any remaining time on leave will be without compensation.
While on an approved departmental leave, an employee is guaranteed reinstatement to his or her former position or a comparable one within the school or department, without loss of seniority and benefits. This guarantee is contingent upon the employee providing a physician’s certification that he or she is fully released to return to work no later than six (6) months from the start of the leave.
With supervisory approval, job protected time off may be taken beyond the period of disability due to childbirth. The total period of time off cannot exceed six (6) months from the start of the leave period. Employees are required to use accrued vacation time during this period of extended leave. The balance of time off will be without pay.
An employee cannot be engaged in alternate employment during a departmental leave.
University Leave of Absence
A University Leave of Absence may be granted by the Vice Chancellor for Human Resources when an employee is requesting a leave of absence for personal reasons or when an extension beyond the six (6) month departmental leave is necessary. Employees must have at least five (5) years of continuous full-time service to be eligible to apply for a University Leave of Absence. An employee whose job performance is below standard is ineligible for a University Leave of Absence.
The maximum period of leave is a total of 12 months. Under no circumstances may a University Leave of Absence or a combined University and Departmental Leave of Absence exceed a period of one (1) year.
While on leave, health insurance will remain in effect and the employee will continue to be responsible for payment of the employee portion of the premium. Sick and vacation time is not accrued during a University Leave of Absence. An employee on a leave of absence is not eligible for paid holidays.
An employee on University Leave of Absence is not provided any guarantee for reemployment. Should the employee desire a return to active employment with the University he or she is encouraged to use the resources available in the Employment Office.
Military Leave of Absence
Faculty and staff members of Washington University who are also members of the United States military will receive a leave of absence to fulfill their military obligations.
Employees requesting military leave must provide reasonable advance notice (ordinarily at least 30 days) to their supervisor, unless the giving of such notice is precluded by military necessity or is otherwise impossible or unreasonable.
Regular full-time and benefits-eligible part-time employees called to active military duty shall receive the difference between their University salaries and their military compensation for a period of up to six months from the date of military activation or the length of service, whichever is shorter. Funding for active duty leave shall be from departmental resources, and payment shall be made consistent with the regular payroll schedule.
Following the period of paid active duty leave, continued military leave is unpaid. Likewise, military leave for members of the Reserves or National Guard to fulfill training obligations is unpaid. Employees may utilize accrued vacation time during unpaid military leave. The University will not apply accrued vacation time toward military leave without the employee’s consent.
- Vacation and Sick Time -- Vacation and sick time will not accrue during military leave.
- Health Benefits -- Employees on active duty leave may elect to continue participation in the Washington University group health plans with University contribution during the salary differential payment period (maximum of six months). At the conclusion of the salary differential payment period, employees on active duty leave may elect to continue participation in the Washington University group health plans without University contribution for the duration of the leave period or up to 24 months, whichever is shorter. An employee on leave fewer than 31 days will only be required to pay the employee’s share of the premiums.
- Tuition Assistance -- Tuition assistance will continue for spouses, domestic partners and dependent children during the period of military leave.
- Retirement Savings Plan -- Employees on military leave are not eligible to continue making contributions to the University’s retirement saving plan. Employees on active duty leave are not eligible to receive the University contribution following the salary differential payment period. A returning employee will be allowed to make up any missed deferrals or contributions over a period equal to three times the period of the military leave, up to a maximum of five years, and the University will make up any missed contributions attributable to those employee contributions. Makeup deferrals and contributions are limited by the Internal Revenue Code as applicable to the year to which the deferrals or contributions relate, not to the year in which they are made up.
- Life Insurance -- University-provided life insurance will continue to be provided by the University during military leave. Optional life insurance coverage will be continued during military leave as long as the required monthly premium is paid.
- Accidental Death and Dismemberment Insurance, Travel Accident Insurance, Long Term Disability -- These benefits will be suspended during military leave. Upon returning to work from military leave, any such suspended benefits will be reinstated, as appropriate.
- Workers’ Compensation -- Workers’ Compensation benefits are not available if the disability is the result of war. Other government benefits may be available.
Absent unusual circumstances, the University will reemploy eligible employees returning from military leave. Supervisors should consult with Human Resources to determine employee eligibility.
- General reporting requirements -- Employees returning from military service of 30 days or fewer must report for reemployment by the beginning of the first full regularly scheduled work period on the first full calendar day following the completion of the period of service, provided that such reporting time is at least eight hours after the completion of the service period. If reporting within this time period is impossible or unreasonable through no fault of the employee, he or she must report as soon as possible upon expiration of the eight-hour period. Employees returning from military service of 31 to 180 days must submit an application for reemployment (written or verbal) no later than 14 days after completing service. If it is impossible or unreasonable to apply within that time period through no fault of the employee, he or she must submit an application by the next full calendar day after it becomes possible to do so. Employees returning from military service of 181 days or more must submit an application for reemployment no later than 90 days after completing service. An employee’s failure to report to work or to apply for reemployment within these time limits does not automatically forfeit the employee’s reemployment rights, but does subject the employee to applicable policies and practices governing absence from scheduled work.
- Documentation -- Employees returning from military leave of 31 days or more must provide documentation along with their application for reemployment showing that their application is timely and that they are eligible for reemployment. If such documentation does not exist or is not readily available at the time of application, it must be submitted as soon as practicable after it is created or becomes readily available.
- Reemployment priority
- Employees returning from military service of fewer than 91 days will be promptly reemployed (generally within two weeks of the application for reemployment) in a position in accordance with the following order of priority:
- In the position in which the person would have been employed if his/her continuous employment with the University had not been interrupted by such service (the “escalator position”), provided that the person is qualified to perform the duties of such position; or
- In the position the person held on the date of the commencement of military service (the “former position”), only if the person is not qualified to perform the duties of the escalator position after reasonable efforts by the University to help the person become qualified; or
- In any other position (with full seniority) for which the person qualifies (with reasonable assistance from the University, if necessary) that is the nearest approximation to the escalator position or the former position (in that order of priority), only if the person is not qualified for either the escalator position or the former position and cannot become qualified with reasonable efforts by the University.
- Employees returning from military service of 91 or more days will be promptly reemployed in a position in accordance with the following order of priority:
- In the escalator position or a position of like seniority, status and pay, the duties of which the person is qualified to perform; or
- In the former position or a position of like seniority, status and pay, the duties of which the person is qualified to perform, only if the person is not qualified to perform the duties of a position comparable to the escalator position after reasonable efforts by the University to qualify the person.
- In any other position (with full seniority) for which the person qualifies (with reasonable assistance from the University, if necessary) that is the nearest approximation to the escalator position, the former position, or a like position (in that order of priority), only if the person is not qualified for either the escalator position or the former position and cannot become qualified with reasonable efforts by the University.
- Discharge -- A person reemployed under this policy shall not be discharged from such employment, except for cause (including legitimate business needs), within one year after the date of such reemployment if the person’s period of military service was more than 180 days, or within 180 days after the date of such reemployment if the person’s period of military service was more than 30 days but less than 181 days.
Washington University shall not unlawfully discriminate in the employment of any person because of his/her past, current or future military obligations. The University also shall not take any adverse employment action against any person because he/she has exercised a right or taken an action to enforce a protection afforded under the Uniformed Services Employment and Reemployment Rights Act (the Act), or has testified, assisted or otherwise participated in a proceeding or investigation under the Act.
Family and Medical Leave Act (“FMLA”)
The FMLA provides for two types of leave related to military service.
- The FMLA provides that “an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for the servicemember.” The term “covered servicemember” means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.
- The FMLA also provides that an eligible employee may take leave of up to 12 weeks in any 12-month period because of 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 Armed Forces in support of a contingency operation.
Washington University reserves the right to modify this policy at any time, with or without notice.
The official holidays for which time off with pay is granted are as follows:
- New Year’s Day
- Martin Luther King, Jr. Day
- Memorial Day
- Independence Day
- Labor Day
- Thanksgiving Day
- Friday after Thanksgiving Day
- Christmas Day
In order to receive holiday pay, employees must be on the active payroll and must have worked their last scheduled day before the holiday and their first scheduled day after the holiday, unless otherwise excused by their supervisor for vacation or verified sick time. Verified sick time requires a physician’s statement.
If asked to work on a regular University holiday, an employee will receive equal compensatory time off in lieu of the time worked or be compensated for the holiday and, at straight time, for hours worked on the holiday. If the regular paid holiday occurs during paid vacation, the holiday is not counted as a vacation day. An employee on a leave of absence is not eligible for paid holidays.
Part-time employees working 20 hours or more per week on a regularly scheduled basis receive pay if the holiday occurs during their regularly scheduled work period. If the holiday occurs on a day the employee is not scheduled to work, the employee does not receive holiday pay.
When a holiday falls on Sunday, the following Monday will be observed as the holiday. If a holiday falls on Saturday, the preceding Friday will be observed as the holiday.