Eligibility and Compliance
All regular full-time and regular part-time faculty, staff, and administrators, who have been employed by the university for a minimum of six months, are eligible to apply for a leave of absence. In addition, temporary full-time employees, who have been employed for a minimum of one year, also are eligible. 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.
All medical, personal, or parental/caretaking family leaves, granted under the university's Leaves of Absence Policy, shall comply with the legal provisions of the Wisconsin Family and Medical Leave Act of 1988, the Federal Family and Medical Leave Act of 1993, and any current/updated rulings made in conjunction with either of these acts, and shall run concurrently.
Notice of Leave
Section 825.302 of the FMLA regulations states, “An employee must provide the employer at least 30 days advance notice before FMLA leave is to begin if the need for the leave is foreseeable based on an expected birth, placement for adoption or
foster care, or planned medical treatment for a serious health condition of the employee or of a family member. 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.” FMLA regulations allows employers to reserve the right to deny a portion of a foreseeable leave until proper documentation is provided. Proper
documentation includes a Leave of Absence Request Form, completed by the employee and supervisor, and a Certification of Health Care Provider Form, completed by the employee’s doctor.
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, i.e., by working fewer days in a week, or fewer hours in a day. Employees may elect to substitute, or may be required to substitute, accrued sick days, or short-term disability (where applicable), for part or all of the statutory unpaid period. Accrued vacation may also be used to extend the leave, if necessary.
Continuation of Benefits, Accurals, and Salary
Employees who are eligible for a caretaker leave will have the option to continue their benefits during their leave. For employees enrolled medical and/or dependent care flexible spending accounts, must continue their contrubutions per IRS regulations.
FMLA is 12 unpaid workweeks; however, Marquette University allows the following:
- Support Staff can use eligible and accrued sick, vacation and/or their floating holiday.
- Administrators can substitute eligible and accrued short-term disability, vacation and/or their floating holiday. If the employee elects to use short-term disability and run out of short-term ability days, they will be paid at 75%.
- Faculty can substitute eligible and accrued short-term disability for unpaid time. If the employee elects to use short-term disability and run out of short-term ability days, they will be paid at 75%.
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 spouse's doctor complete a Certification of Health Care Provider Form.
