SECTION 7 LEAVES OF ABSENCE
Leaves of a few days are usually arranged informally within a department (or program). Colleagues in the department (or program), as an overload, teach classes for the absent faculty member and are available during their own office hours for the absent faculty member's students.
The following policies are intended to cover leaves longer than what can reasonably be taken care of by these informal arrangements. For information on leaves of absence and sabbatical leaves, see the College of Liberal Arts Personnel Policies and Procedures.
Short-term medical leave is available to all full-time and part-time faculty members and may be used for the following reasons:
A. Illness or injury to the faculty member or immediate family member (spouse, child, parent, sibling, or parent-in-law).Medical or dental treatment of the faculty member or an immediate family member.
Medically prescribed leave required for prenatal care.
The Dean, with the recommendation from the department (or program), will make arrangements to carry out the duties of the faculty member.
The Dean may ask the faculty member to provide medical verification from the attending physician regarding the illness, injury, or treatment.
When, in the judgment of the Dean, the leave necessitates changes in compensation, the Dean will make arrangements with the faculty member. The Disability Insurance Plan and the Worker’s Compensation Insurance Plan will be used if applicable. In cases in which the faculty member is ineligible for these plans and in time periods before such plans take effect, the University and the faculty member will make an agreement covering the remainder of the contract period. It is the policy of the University that such temporary agreements will provide full-time continuing faculty members with full benefits during the medical leave. Benefit continuation for part-time faculty members will be determined by the Dean, consistent with applicable federal and state laws.
7.2 PARENTAL LEAVE POLICY FOR FACULTY
Full-time continuing faculty members with one year’s service are eligible for the following parental leave within a year of the birth or adoption of a child or children:
A leave of absence at half-salary for one semester; orReduced professional responsibilities not to exceed the equivalent of one-third of the normal workload for one semester at full pay.
If mother and father are both faculty members, the leaves described above can be shared as follows:
Both faculty members are eligible for a leave of absence, but the total salary paid by the university will not exceed an amount equal to half the full-time semester salary of the highest paid faculty parent; orSimilarly, the total reduced professional responsibilities will not exceed one-third of the normal workload of one of the faculty parents involved.
Parental leave may not be extended.
Eligible faculty members should submit a letter requesting parental leave to the Dean as early as possible prior to the anticipated leave so that the range of options can be fully explored and arrangements approved to ensure the least amount of disruption to the instructional program. The level of reduction in teaching, service, scholarship, and commensurate salary will be determined by the Dean. The determination will include decisions regarding eligibility for sabbatical, promotion, and tenure expectations. If a faculty member elects a semester leave without salary, that semester will not apply toward tenure, promotion, or sabbatical leave.
During a parental leave, medical and retirement benefits will remain in effect as if the faculty member were not on leave, except that the retirement contribution will be based on actual salary paid. Any premiums covering dependents will continue to be paid for by the faculty member.
The Family Care Leave Policy describes leaves available to faculty members with family care needs not related to the birth or adoption of a child.
FACULTY PARENTAL AND FAMILY LEAVE POLICY
Willamette’s policies for faculty members concerning medical leave for prenatal care, parental leave, and family care leave described below meet or exceed the requirements of the federal Family Medical Leave Act and the Oregon Family Leave Act. Nevertheless, faculty members may elect to waive the Willamette policies and request leave under the terms of the federal and state legislation summarized below.
Family Medical Leave Act (Federal Law) provides up to a total of 12 weeks of leave without pay in a 12-month period in the event of:
birth, adoption, or foster placement of a child under the age of 18; or adoption or foster placement of a disabled child 18 years or older who is incapable of self care;serious health condition* of a family member**; or
the employee’s own serious health condition*.
If both parents are employed by the same employer, the employer may limit parents to an aggregate of 12 weeks for birth or adoption, but concurrent leave is allowed for a serious health condition of family members.
*A serious health condition is one that requires inpatient care of any duration, continuing treatment by a health care provider for more than three days, or which, if left untreated, would result in more than three-day work absence or long term chronic condition requiring any length of absence. An employee who is unsure whether a medical condition qualifies for family leave should contact the Human Resources Office for more information.
**For purposes of family leave, "family members" consists only of a child (biological, step, adopted or foster) under the age of 18, "in loco parentis" relationship or disabled child 18 years or older not capable of self-care; spouse (common law partners, but not domestic partners); or parent (biological or individual acting "in loco parentis").
Oregon Family Leave Act provides up to a total of 12 weeks of leave without pay in a 12-month period in the event of:
serious health condition* of the employee or of a family member;**an employee’s disability due to pregnancy or period of absence for prenatal care;
birth, adoption, or foster placement of a child under the age of 18; or adoption or foster placement of an adult child who is incapable of self-care because of a physical or mental impairment; or
illness or injury of a child necessitating home care, other than a serious health condition, for a minor child or an adult child substantially limited by a physical or mental impairment.
If both parents are employed by the same employer, the employer is not required to grant concurrent leave unless (1) one employee needs to care for the other because of a serious health condition; or (2) one employee needs to care for a child with a serious health condition while the other employee has a serious health condition.
*A serious health condition is one that requires inpatient care or that poses an imminent danger of death in the near future or that requires constant care. An employee who is unsure whether a medical condition qualifies for family leave should contact the Human Resources Office for more information.
**For purposes of family leave, "family members" consists only of child (biological, step, adopted, or foster) under the age of 18 or adult child substantially limited by a physical or mental impairment, spouse, parent, parent-in-law, or person acting "in loco parentis" (such as guardian or another relative caring for a child).
Willamette University addresses the issues raised in these federal and state statutes through the following policies: Medical Leave for Faculty (health and prenatal care), Parental Leave for Faculty (birth and adoption), and Family Care Leave for Faculty (serious health care condition for a family member).
7.3 DEPENDENT AND FAMILY CARE LEAVE FOR FACULTY
Family care leave exists to provide care for an immediate family member with a serious health condition not related to the birth or adoption of a child. For the purpose of this policy, immediate family member is defined as a child, spouse, domestic partner, parent, or parent-in-law. A serious health condition is one which requires either inpatient care or continuing treatment by a health care provider. Family care leave is awarded at the discretion of the University consistent with applicable federal and state laws.
Full-time continuing faculty members with one year’s service qualify for family care leave. Faculty members may request short-term or long-term leave. Short-term leave may take the form of either (1) one-semester leave without salary, or (2) one-semester at full pay with reduced professional responsibilities not to exceed the equivalent of one-third of the normal workload. Long-term leave consists of a reduction of professional responsibilities for up to two years with a salary commensurate with the reduced professional responsibilities. Any combination of these leaves may not extend beyond two years.
Faculty members apply for family care leave by submitting a letter to the Dean documenting the reason for the leave, the relationship of the family member, the date the faculty member first learned of the circumstances justifying the leave, and the anticipated length of the leave. A faculty member should apply as soon as practical after the need for a leave becomes known in order to ensure the least amount of disruption to the instructional program.
A faculty member may assume reduced professional responsibilities for up to two years, but must return to full-time responsibilities at the end of that period in order to retain a faculty position. The level of reduction in teaching service, scholarship, and commensurate salary will be determined by the Dean. The determination will include decisions regarding eligibility for sabbatical, promotion, and tenure expectations. If a faculty member elects a semester leave without salary, that semester will not apply toward tenure, promotion, or sabbatical leave eligibility.
During a family leave, medical and retirement benefits will remain in effect as if the faculty member were not on leave, except that the retirement contribution will be based on actual salary paid. Any premiums covering dependents will continue to be paid for by the faculty member.
Family care leave is available to only one member of a family unless (1) one faculty member needs to care for the other because of a serious health condition; or (2) one employee needs to care for a child with a serious health condition while the other faculty member has a serious health condition. If either of these conditions are met, the leaves described above are available to both faculty members.
In the event of the death of a member of an employee’s family, the employee will be allowed time off with pay for up to three (3) working days to attend the funeral and/or to make funeral arrangements. The definition of family members shall include: the employee’s current spouse, child, parent, current parent-in-law, legal guardian, grandparent, grandchild, brother, sister, foster child, step relatives, (including stepfather, step moter, step son or daughter, step brother or sister) or any other person living in the employee’s household.
An employee may be granted time off with pay for a maximum of one (1) day to attend the funeral of a person not listed in the definition of the family members above, including other distant relatives, former or retired co-worker, or close personal friend. The employee will be paid for the scheduled work day(s) missed and may be required to furnish satisfactory evidence to support the leave. Leave of absence may be requested if additional time off is necessary.
Employees who enter or serve in the Armed Forces of the United States (including the military reserves), who are called to active duty or mandatory training will be granted a leave of absence without pay in accordance with Federal and State laws. The length of the leave will be for the period of time in which their employment status is protected by law. Upon their return, they will be reinstated as provided under federal and state law.
An employee who is called to military duty should provide a written notice of need for leave and a copy of the military orders, when available, to the supervisor as soon as he/she learns of the assignment.
7.6 JURY DUTY/COURT APPEARANCE LEAVE
As a matter of good citizenship, faculty members are encouraged to serve when called upon for jury duty. However, because of the difficulty in finding qualified replacements and because of the additional burden on colleagues, faculty members often find it hard to honor a mid-semester request for jury duty. A letter to the court stating that the faculty member is a teacher will usually exempt or delay service.
An employee is expected to work their regular schedule on days when court is not in session, as well as the remainder of the day on any workday after they are excused from court. Employees will be paid their regular wages while on jury duty, and may retain all jury duty pay and mileage fees.
Employees subpoenaed as witnesses in criminal or civil proceedings where they are not a litigant or participant may be paid their regular wages.