Caretaker Leave
The university will provide an employee up to a total of 12 weeks of unpaid leave in any 12-month calendar period to care for the employee's child, spouse, or parent who has a "serious health condition." Such condition is defined as a disabling physical or mental illness, injury, impairment, or condition involving either in-patient care or out-patient care that requires continuing treatment by a health care provider. The requested leave may be taken all at one time or intermittently.
Eligibility and Compliance
All benefit eligible employees who have been employed by the university for a minimum of one year are eligible to apply for a caretaker leave.
For purposes of the Federal Family and Medical Leave Act (FMLA), an employee is eligible for leave if he/she is employed for 12 months and has worked 1,250 hours or more during the twelve months before leave is requested. Under the Wisconsin FMLA, an employee must work 1,000 or more hours during the 12 months before a leave is requested.
An employee's record of continuous service will not be broken by a leave of absence of six months or less, whether with or without pay. Employees returning from a leave of absence within six months, either to their former position or to a different position, will be credited with no break in service. After six consecutive months on a leave of absence, an employees leave time will not be counted toward the calculation of length of service. The employee will receive credit toward length of service for all time accrued up to the six-month time limit.
Notice of Leave
An employee must provide Marquette University at least 30 days advance notice before a caretaker FMLA leave is to begin if the need for the leave is foreseeable. FMLA regulations permits employers to reserve the right to deny a portion of a foreseeable leave until proper documentation is provided. See Section 825.302 of the FMLA regulations for more information.
If 30 days notice is not practicable, such as because of a lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable.
Continuation of benefits
Eligible employees have the option to continue their benefits during their leave.
Paid options while on FMLA leave
- Support Staff can use eligible sick, vacation and/or their floating holiday.
- Administrators can use eligible short-term disability pay, vacation and/or their floating holiday.
- Faculty can use eligible short-term disability pay.
Eligible time is calculated based on the day prior to the leave. Employees cannot use vacation, short-term disability, or sick time accrued duing their leave of absence.
Apply for a Caretaker Leave
- Give at least 30 days notice for your department to make accomodations to be the least disruptive as possible to their operational needs.
- Give at least 30 days notice to Employee Benefits by completing a Leave of Absence Request Form and having your or your eligible family member's doctor complete a Certification of Health Care Provider Form.
Still have questions?
Contact Emily Chardac, benefits specialist, at (414) 288-7305 or emily.chardac@marquette.edu.
