Leave of Absence Policy

Responsible Unit: Human Resources | Executive lead: CHRO 
Created: 2008 | Reviewed/Revised: 5/2019, 3/28/2023 | Effective: 4/28/2023 
Compliance: NWCCU 2.F.1, COCA 7.8 
Approving Body: PPC | Classification: Institution-wide 

Policy:  
All absences of more than three days, other than regular scheduled vacation, are considered a leave of absence.

A request for a leave of absence is to be completed by the employee and given to the supervisor and a copy to Human Resources, as far in advance as possible, stating the reason for the leave and the amount of time required. A written reply to grant or deny the request shall be given to the employee by Human Resources. A leave of absence begins on the first day of the absence from work. 

If the need for the leave is not foreseeable, the employee must provide notice within two business days after learning of the need for leave. A spouse/domestic partner or other family member may provide the notice if the employee is unable to do so.  Employees who know in advance that they need leave are required to provide 30 days’ notice.  

The University requires medical certification to support a request for leave because of serious health conditions, and may require a second opinion, at the expense of the University. If the two opinions differ, a binding third opinion, at employer’s expense, may be requested. The certification must include an estimate of the amount of time the employee is needed to provide care. 

Employees whose leave has been necessary because of their own medical condition must provide medical certification of their inability to perform the functions of their position. The employee may be required to provide a “fitness for duty” report as a condition of their return from leave. 

Certain kinds of leave are governed by statutes. In those cases, the applicable statutes and regulations will apply if they impose requirements that are different from this policy.  

Family Medical Leave Act (FMLA) 
Available for any employee who has worked for a covered employer (at least 50 employees), has been employed for at least 12 months, and has worked for at least 1,250 hours over the previous 12 months. 

Up to 12 weeks of combined paid and unpaid, job-protected leave for certain family and medical reasons calculated on a 12 month rolling period. Leave may be: 

• For the birth and care of the newborn child of the employee 
• For the placement with the employee of a son or daughter for adoption or foster care or in a position of in loco parentis 
• To care for an immediate family member (spouse, child or parent) with a serious health condition 
• To take medical leave when the employee is unable to work because of a serious health condition including an On the Job injury 

Spouses/Domestic partners who are both employed by the University are limited to a combined total of 12 weeks of family leave (paid and unpaid) for the birth, or placement for adoption, or foster care of a child. 

Family Care Act (FCA) 
This state law expands FMLA and allows the use of earned Vacation and Sick time to care for: 

• Children under 18 with routine illness or preventative care 
• Child over 18 with a disabling condition, including those whom the employee stands in loco parentis 
• Spouses/Domestic partner’s, , parents, parents-in-law or grandparents with a serious health or emergent condition 

If the leave taken under FCA qualifies for FMLA, the time taken will count towards FMLA leave. 

Health Condition Defined; requires treatment or supervision that a child cannot self-administer; or any medical or mental health condition which would endanger the child’s safety or recovery without the presence of a parent or guardian; or any condition warranting treatment or preventive health care such as physical, dental, optical or immunization services, when a parent must be present to authorize and when sick leave may otherwise be used for the employee’s preventive health care. 

Serious Health Condition Defined; an illness, injury, impairment, or physical or mental condition that involves any period of incapacity or treatment connected with inpatient care in a University, hospice, or residential medical care facility, and any period of incapacity or subsequent treatment or recovery in connection with such inpatient care; or continuing treatment by or under the supervision of a health care provider or a provider of health care services and which includes any period of incapacity. 

If a holiday falls within an intermittent leave during a week it is not counted against FMLA time, if it falls during a week in which they were gone, it is counted against the FMLA leave. 

Paid Family Medical Leave (PFML) 
The Paid Family Medical Leave program offers employees the opportunity to receive partial wage replacement to a State established weekly maximum for certain qualifying life events. Most eligible employees can take up to 12 weeks of paid leave a year. If you give birth to a baby and experience complications, you may be eligible for 16 to 18 weeks of paid leave. You may take the leave intermittently. Qualifying events can include: 

• Birth and bonding with a newborn, adopted, or foster child 
• Recovery from surgery, a serious illness or injury 
• Treatment of a chronic health condition 
• Inpatient treatment for substance abuse or mental health 
• Taking care/supporting a family member with a serious medical condition  
• Certain events connected to a family member’s active-duty military service 

Washington State Paid Sick Leave 
The Washington State Paid Sick Leave program provides one hour of paid leave for every 40 hours worked and may be used for the following: 

• An employee’s own health condition 
• Health condition of a family member 
• When the workplace is closed for health reasons 

Washington State Disability Leave 
Maternity – Female employees will be granted time off for the actual period of disability due to pregnancy or childbirth, as certified by the employee’s physician. Leave can be taken continuously, intermittently, or on a reduced work schedule at the determination of the health care provider and provided it can be accommodated by the employer. 

Time off beyond maternity disability leave to care for a newborn may be granted under the Family Medical Leave act, the Washington Family Leave Act, or Personal Leave, subject to employee eligibility. In most cases, Maternity Disability will run in addition to FMLA. 

Military Leave 
Available to University employees to serve in accordance with the law. PNWU supports the members of the Armed Forces serving in any branch of the National Guard or Reserves. 

PNWU fully recognizes the key role that the men and women serving in our armed forces play in ensuring the safety and security of our nation. PNWU further acknowledges the significance of our role and responsibilities as an employer to support and encourage the participation of our employees who are called to serve. 

Employee Responsibilities:  
It is the employee’s responsibility to perform the following actions while serving in the National Guard (Army or Air Force) or Reserves (Army, Air Force, Navy, Marines, or USCG). 

1. Inform the University immediately when the individual is ordered to active duty including for any of the following reasons: 
   • Individual Active Duty for Training (IADT) or equivalent 
   • Annual Training (AT) or equivalent 
   • Attending Training for military education requirements 
   • Pre-Deployment training 
   • Deployment (CONUS or OCONUS) 
   • Any periods that exceed 72 hours 
   • Any other assignment deemed by law to be service in the uniformed services 
2. Upon request, provide a copy of official orders to the University’s Human Resources Office. 
3. Notify the University when duty has been completed and the individual returns to his or her employment status at PNWU, in accordance with the requirements of the law. 
4. Provide the Human Resources Office with confirmation of pay received upon completion of the service in order for the Payroll Office to reconcile military pay against regular PNWU wages. 
5. It is preferred that the University receive a minimum of ten-day notice prior to employee’s departure, however, it is equally recognized that such is not always possible, thus the employee will make every effort to give PNWU as much lead time as possible. 

The University’s Responsibilities: 

1. Support the service member’s service obligation. 
2. For duty greater than 72 hours, and if military pay is less than the University’s pay, PNWU will pay the difference to maintain the employee’s base salary at the University, replacing hours which would have been normally worked capped to six months. 

When duty is less than 30 days, PNWU will continue health insurance and other fringe benefits the employee has in effect at the time he/she enters Active Duty status. If duty exceeds 30 days, then such benefits may be continued at the expense of the employee. 

3. When returning from Military Leave of any length, employee shall return to the same position the employee would have occupied had he/she remained on the job, including any promotions the employee would likely have received if he/she had remained continuously employed. 

Personal Leave 
May be granted and applies to any employee who has completed three months of continuous employment with the University. The employee’s right to return to work to the employee’s previous position, to an equivalent position, or to any position within the University shall not be guaranteed after 60 days of leave. 

Maximum of three months Leave of Absence for an approved need, when employee is not eligible for WSDL, or FMLA. 

Bereavement Leave 
The University provides bereavement leave to employees, after 30 days of employment, with an FTE of 0.5 or greater, who need to take time off because an immediate family member has died. To ask for bereavement leave, see your supervisor. PNWU will provide time off with pay to attend the funeral and make any necessary arrangements associated with the death. Typically, three days are approved for leave. If one must travel over 300 miles, up to five days may be granted with approval from the department head. 

PNWU normally will give bereavement leave unless there are business reasons that require you be at work. With your supervisor’s approval, you can use any available paid leave benefits you have, such as vacation, if you need more time off. 

For bereavement leave, immediate family means: 

• yourspouse, domestic partner, parent, child, brother, sister, aunt,uncle, grandparent, grandchild  
• your spouse/domestic partner’s parent, child, brother, sister, aunt, uncle, grandparent, grandchild; 
• the spouse/domestic partner of your child and your spouse/domestic partner’s child 

We will also consider requests for bereavement leave if someone dies who was as close to you as an immediate family member. 

Victim’s Leave 
Allows victims of domestic violence, sexual assault, or stalking to take reasonable or intermittent leave from work, paid or unpaid, to take care of legal or law enforcement needs or to get medical treatment, social services assistance or mental health counseling. Leave can be taken for self, child, spouse/domestic partner, parent, parent-in-law, grandparent, or person the employee is dating. Family members may take reasonable leave to assist a victim.  

On the Job Injury 
Absences for on-the-job illnesses or injuries shall be treated as any other medical leave of absence. 

Employees who return to work in an L&I light duty position other than employee’s own position will remain on leave of absence from own position. 

Jury Duty 
Employees are entitled to leave when summoned to serve as jurors; employees may request paid jury duty leave for this purpose. Any paid time will be adjusted to reflect what pay is received from the service. 

Documentation should be given to the chief human resource officer. 

If an employee receives a jury duty summons, it should be shown to the employee’s supervisor as soon as possible. This will help PNWU plan for the employee’s possible absence from work. PNWU expects employees to come to work whenever the court schedule permits. 

Either the employee or PNWU may ask the court to excuse the employee from jury duty if necessary. 

PNWU may choose to make this request if it is thought that the employee’s absence would cause serious operational problems for PNWU. 

Subject to the terms, conditions, and limitations of the applicable plans, PNWU will continue to provide health insurance benefits for the full period of paid jury duty leave. 

Multiple Leaves 
If eligible for more than one type of leave of absence at the same time, all types of leave shall run concurrently. 

Leaves may be taken on an intermittent or reduced leave schedule. For some types of leave, the employee and the department director must agree.  Only actual time absent from work will be counted against actual leave of absence. 

Use of Vacation and Sick Time 
Employees on a leave of absence must use accrued time off. 

Employee will not accrue time off benefits while on unpaid leave. 

Benefits While On Leave 
Employees have the option of continuing benefits while on leave at their expense when the leave is unpaid. Failure to provide payment to Human Resources within 30 days will result in the benefits being cancelled and issuance of COBRA. 

If an employee chooses not to retain health plan coverage during Leave, he/she is entitled to be reinstated on the same terms as prior to taking the leave, without any qualifying period, physical examination, exclusion of pre-existing conditions, etc. subject to plan health plan requirements. 

The leave may result in a break of service for purposes of seniority and vesting under the retirement plan. 

Return from Leave
Two weeks advance written notice of intent to return from leave is required, except where a law or regulation provides otherwise. 

Failure to return at the end of leave or request an approved extension will be considered a voluntary termination. 

An employee’s job will be held as required by State and Federal Laws, such as FMLA. Otherwise, jobs are held to the length of the approved leave, not to exceed 60 days. 

Except where otherwise required by law, the University reserves the right to deny restoration to employees who fail to provide a required “fitness to return to duty” certificate or equivalent. 

Except where otherwise required by law, seniority date, performance appraisal date, salary review date, benefits accrual date will be delayed for any unpaid time exceeding 30 days. 

The following chart is intended as a guideline and summary; individual statutes and regulations will apply.  

Policy Resources

• Policy Development and Approval Training
• Establishing and Creating University Policies and Procedures (Policy)
• Policy Development & Approval Procedure
• Policy Development & Approval Diagram
• Policy Justification Form
• Policy Template (password protected)
• Procedure Resources (password protected)
• PNWU Alumni Association Bylaws
• COM Bylaws
• PNWU Bylaws

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For assistance with policies and procedures contact:

Lori Fulton
lfulton@pnwu.edu