A part-time employee is not eligible for funeral leave.  If time off work is needed due to a death, an employee should consult with his/her supervisor for excused time off per section 4.2.5.

4.2.2 Family and Medical Leave

The Family and Medical Leave Program is intended to provide up to 12 weeks' time off without pay during a "leave year" to eligible employees in accordance with the Family and Medical Leave Act of 1993 (FMLA).

To qualify for Family and Medical Leave, the employee must meet all of the following conditions:

• have at least 12 months (need not be consecutive) of service at the university; and
• have worked at least 1250 hours during the 12 months immediately preceding the date the requested leave is to begin; and
• have a qualifying reason for taking Family and Medical Leave; and
• have a remaining balance of Family and Medical Leave.

A qualifying reason for a Family and Medical Leave is any of the following:

• the birth of the employee's child and in order to care for the newborn child; or
• the placement of a child with the employee for adoption or foster care; or
• to care for the employee's spouse, child, or parent who has a serious health condition; or
• a serious health condition that renders the employee incapable of performing the functions of his or her job.

A "serious health condition" is an illness, injury, impairment or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical-care facility, and any period of incapacity or subsequent treatment in connection with such inpatient care; or continuing treatment by a health care provider which includes any period of incapacity due to:  (1) a health condition lasting more than 3 consecutive days; (2) pregnancy or prenatal care; (3) a chronic serious health condition (e.g., asthma, diabetes); (4) a permanent or long-term condition for which treatment may not be effective (e.g., Alzheimer's, a severe stroke, terminal cancer); or (5) any absences to receive multiple treatments for restorative surgery or for a condition which would likely result in a period of incapacity of more than 3 days if not treated (e.g., chemotherapy or radiation treatments for cancer).

A "leave year" is defined as a 12-month period measured backward from the date the employee uses any Family and Medical Leave.  A new "leave year" is calculated with each occurrence of Family and Medical Leave use. The entitlement to leave for the birth or placement of a child for adoption or foster care will expire 12 months from the date of the birth or placement.

An employee is required to use all of his or her accrued paid sick leave and may request to use his or her accrued vacation.  The remainder of the Family and Medical Leave will consist of unpaid leave.  The maximum sick leave allowance that may be used for the care of a family member is 20 hours in any fiscal year.

Family and Medical Leave on an intermittent or reduced leave schedule may be requested when medically necessary for the employee's serious health condition or the serious health condition of the employee's spouse, child, or parent.  Intermittent Family and Medial Leave may not be taken in less than 1-hour increments.  The employee must make a reasonable effort to schedule intermittent leave at a time that will not unduly disrupt the workplace.  An employee on an intermittent or reduced leave schedule may be temporarily transferred to an alternative position with equivalent pay and benefits for which the employee is qualified and better accommodates recurring periods of leave than the employee's regular position.

A reduced leave schedule (not intermittent leave) may also be requested in advance for the care of a newborn child or a child placed with the employee for adoption or foster care.  Approval of such leave will be determined on a case-by-case basis by the employee's department head, in consultation with University Human Resources Services, depending on the needs of the department.

An employee is required to provide a 30-day advance notice when the leave is foreseeable.  If the 30-day notice is not provided, the leave may be delayed until the 30 days have passed.  If the leave is not foreseeable, notice must be given as soon as practicable, generally at least verbal notice within 1 to 2 workdays after the need for the leave becomes known to the employee.

An employee may be required to provide a medical certification of either the need to provide care to a spouse, parent, or child with a serious health condition or for the employee's own serious health condition.  Failure to provide a required certification within 15 calendar days of the date notice is received may result in delay or denial of Family and Medical Leave.  Recertification of an employee's own serious health condition or the serious health condition of an employee's family member may be required periodically during the leave period in accordance with applicable law, normally no more frequently than every 30 days.  The university may require an employee to obtain a second or third medical opinion at the university's expense.  An employee, for his or her own serious health condition, may also be required to submit a "fitness for duty" certificate prior to returning to work.  The university may require an employee to submit periodic written statements of his or her intent to return to work in accordance with applicable law, normally no more frequently than every 30 days.  

 An employee who returns from Family and Medical Leave with the exception of an employee designated as a "key employee" will be restored to his or her old position or to a position with equivalent pay and other terms and conditions of employment as if the employee had been continuously employed during the Family and Medical Leave period.  Ball State University will determine whether a position is an "equivalent position."  

Family and Medical Leave may run concurrently with Maternity Leave or Worker's Compensation.  If there is a conflict between the provisions of another university leave policy and the Family and Medical Leave Act, the Family and Medical Leave Act provisions will control.

4.2.3 Maternity Leave

Maternity leave is taken at the time determined by an employee and her physician to be when she is unable to work due to pregnancy, childbirth, and related conditions.  It is treated the same as any other sick leave and will be counted against the employee's FMLA entitlement.

4.2.4 Military Leave

A leave of absence will be granted to an employee who is called to a tour of training duty.  An eligible employee is entitled to a Military Leave of absence with pay not to exceed 15 calendar days in any one calendar year.  The maximum number of paid military leave days in any one calendar year is 10.  Evidence, such as military orders, must be submitted to University Human Resource Services before approval for pay will be given.

Active duty Military Leave of more than 15 calendar days will be without pay.  Military Leave without pay of up to and including 5 years may be granted after the date of induction, enlistment, or call to active duty.

4.2.5 Supervisory Authorization

An employee's supervisor may authorize a leave of up to 10 consecutive workdays without pay for an employee.