University of Virginia Library

APPROVAL OF AMENDMENT OF THE FAMILY AND MEDICAL LEAVE
POLICY OF THE UNIVERSITY OF VIRGINIA

• The following resolution was adopted:
• WHEREAS, the United States Department of Labor has issued interim regulations for the implementation of the Family Medical Leave Act of 1993 (FMLA); and
• WHEREAS, the University desires to amend its family and medical leave policies for faculty to comply with FMLA and the United States Department of Labor regulations.
• RESOLVED, that the family leave policies for faculty adopted by the Board of Visitors in January, 1992 are amended and restated as follows:
• These family leave policies apply to: (1) faculty on continuing contract (members of the tenured and tenure-track and general faculties who hold ongoing contracts of one year or more); and (2) other University faculty members who have been employed for at least 12 months by the University or another agency of the Commonwealth and have been so employed within the last 12 months on more than a half-time basis.

Maternity Leave:

For pregnancy and childbirth (including pre-delivery, delivery and post-partum), leave of no more than 12 weeks will be granted. The University will continue full salary and allowable fringe benefits during the first six weeks of leave. As there is a presumption of disability during the first six weeks, no physician's statement will be required. During the remainder of the leave, the University will pay no salary, but will contribute the employer's portion of any allowable health and life insurance premiums, so long as the employee continues to pay her premium portion. When required for medical reasons, leave taken beyond the initial six week period will be covered under the University's policy on temporary disability leave with pay for up to six months. In that event, the maternity leave is considered part of the total six month period for temporary disability.

Paternity Leave:

At the birth of a child, the father shall be entitled to no more than 12 weeks of leave. During the leave, the University will pay no salary, but will contribute the employer's portion of any allowable health and life insurance premiums, so long as the employee continues to pay his premium portion.

Adoption/Foster Care Leave:

If a child is placed with an employee for adoption or foster care, unpaid leave of no more than twelve weeks shall be granted, to be taken within 12 months of the date of placement. If the child placed is under seven years of age, the first three weeks shall be leave with full pay and all allowable fringe benefits. During the remaining nine weeks of the leave, the University will pay no salary, but will continue to contribute the employer's portion of any allowable health and life insurance premiums, so long as the employee continues to pay his or her premium portion.

Employment of Both Parents:

If at the birth or placement of a child both parents are employees of the University, maternity and paternity or adoption/foster care leave for both employees may be limited to a combined total of 12 weeks, and the paid portion of the leave to a total of six weeks for maternity leave or three weeks for adoption leave. If because of continuing medical reasons the mother's maternity leave is considered temporary disability leave, the father shall be limited to no more than 12 weeks of unpaid paternity leave.

Modified Service Leave: [no change]

Family Leave: [no change]

FURTHER RESOLVED, that the "Temporary Disability Leave" provisions in the leave policy for general faculty adopted by the Board of Visitors on May 29, 1987, be amended and restated as follows:

Temporary Disability Leave (Sick Leave)

Temporary disability leave (sick leave) with salary and fringe benefits (if the employee normally receives such benefits) is available to: (1) members of the general faculty on continuing contracts (members of the tenured and tenure-track and general faculties who hold ongoing contracts of one year or more), and (2) other University faculty members who have been employed for at least 12 months by the University or another agency of the Commonwealth and have been so employed within the last 12 months on more than a half time basis. Leave is available for the period of temporary disability (up to six months or to the end of the contract, which ever comes first) caused by accident, ill health, pregnancy or childbirth and the recovery therefrom. At the discretion of the supervisor, a physician's verification of temporary disability may be required.

There is no compensation made for any unused leave at the time of separation from University employment or transfer to the classified system.