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                                                                                                                                                                       SECTIONAL VERSION

MEDICAL INSURANCE

Carrier
Public Employees Insurance Agency (PEIA)

Eligibility

  1. Employees in a regular budgeted position of at least .53 FTE (20 hours per week)
  2. Spouse of eligible employee.
  3. Children under the age of 19; children between the ages of 19 and 25 as long as they are full-time students, unmarried, and fully dependent upon the employee for support and maintenance.

Enrollment
Employees are eligible to enroll during the month of hire and the following two calendar months. Coverage begins the first day of the month after enrollment. Employees pay a premium based upon salary, tobacco use status, and type of coverage.

Coverage
Open enrollment is offered annually for all employees. Changes in existing health care coverage can be made during open enrollment. Basic and major medical insurance benefits cover hospital and surgical services, physician expenses, laboratory fees, x-ray services, and prescription drugs. See summary plan descriptions for individual insurance plans.

Qualifying Events
If any of the following qualifying events occur, it is your responsibility to notify Human Resource Services to make changes in coverage. Your coverage could be jeopardized if you fail to notify Human Resource Services.

  1. You marry
  2. You divorce
  3. You have a new child or dependent
  4. Your spouse or child dies
  5. A covered child turns age 19 and is no longer a full-time student OR turns age 25
  6. A child marries or is employed with his/her own insurance

You should provide this information in order to ensure that all eligible dependents are covered. Employees/dependents who lose coverage may elect medical insurance continuance rights under COBRA. An active employee has a 60-day window of opportunity from the date coverage ends to elect COBRA.

Leave of Absence
Prior
to starting a leave of absence, employees must consult with the Benefits Counselor to arrange for benefit continuation.
 

AVAILABLE HEALTHCARE PLAN OPTIONS

  • PEIA PPB PLANS
    1. Preferred Provider Benefit
    2. Employees may choose their physicians within participating network of physicians
    3. Employees will be responsible for deductibles and copayments
    4. Detailed description of PEIA PPB PLANS is outlined in the current PEIA Summary Plan Description
  • Managed Care Plans
    Costs of providing health care services are managed by a primary care physician who coordinates the members' care; controlling access to specialty physicians; monitoring and lowering administrative costs; and negotiating with providers to obtain the best cost of services while maintaining quality of care.  Refer to current shopper's guide and individual managed care plan description for coverage guidelines unique to each plan.

Eligibility and enrollment guidelines are detailed in the current PEIA summary plan description.
 

CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)
Federal law requires that eligible employees (and their dependents) participating in PEIA have the opportunity to continue their health insurance coverage in the case of a qualifying event.

Upon employment separation from the university, COBRA insurance coverage is also available at a monthly cost to the employee.

Premium
The cost for COBRA is the responsibility of the former employee.


MOUNTAINEER FLEXIBLE BENEFITS

Purpose
To make available dental, optical, disability, group legal, and flexible spending account plans. (Medical and dependent care.)

Carrier
Fringe Benefits Management Company
is the third-party administrator for this plan under PEIA.

Enrollment
Open enrollment for Mountaineer Flexible Benefits is held only during April of each year, with changes becoming effective July 1.

Cancellation of plan participation can only occur during April (with changes becoming effective July 1) each year unless a qualifying event occurs at another time of the year.

Changes in Coverage
Because premiums are paid with pre-tax dollars, IRS guidelines state that there must be a qualifying event in order to make any changes in coverage.


BASIC LIFE INSURANCE

Carrier
West Virginia Public Employees Insurance Agency (PEIA)

Coverage

  • $10,000 for employees under age 65
  • $ 6,500 for employees age 65 through 69
  • $ 5,000 for employees age 70 and older

Term insurance has NO CASH OR LOAN VALUE. Each policy doubles with accidental death.

Eligibility
Active employees in a regular budgeted position of at least .53 FTE (20 hours per week).

Enrollment

  • The regular enrollment period is the month of hire and the following two calendar months. Coverage begins the first day of the month following enrollment.
  • The employee may enroll for the basic life insurance policy only, even if not enrolled for medical insurance.

Premium
There is no cost to the employee for the basic life insurance policy.


OPTIONAL LIFE INSURANCE

Carrier
West Virginia Public Employees Insurance Agency (PEIA).

Coverage
A variety of optional life insurance plans are available. This is term insurance that has NO CASH OR LOAN VALUE.

Premium

  • Premium is based on the amount of coverage selected, the age of the employee, and tobacco use status.
  • The monthly premium is paid by the employee.

Eligibility

  • Employees in a regular position of at least .53 FTE (20 hours per week).
  • The employee must be enrolled for medical or basic life insurance.

Enrollment

  • An employee may choose optional life insurance during the month of employment plus the following two calendar months. Coverage begins the first day of the month following enrollment.
  • After the initial enrollment period, an employee is required to submit a statement of health form to PEIA for approval of insurance coverage.
     

DEPENDENT LIFE INSURANCE

Available for spouse and dependent children. There are four plans available that range from $5,000 to $20,000 for a spouse and $2,000 to $10,000 for each eligible child. Premium is paid by employee.

Premium
The monthly premium is paid by the employee.

Enrollment

  • The regular enrollment period is the month of hire and the following two calendar months. Coverage begins the first day of the month following enrollment.
  • After the initial enrollment period, an employee is required to submit a statement of health form to PEIA for each dependent's approval of insurance coverage.
     

RETIREMENT BENEFIT PLANS

Purpose
To provide employees with lifetime monthly income AFTER retiring.

Eligibility
All employees working at least 20 hours per week in a regular budgeted position are required to be enrolled in a retirement plan.

Contribution

  • An employee must contribute 6% of his/her gross salary; Marshall University matches the 6% contribution.
  • Contributions are automatically tax sheltered and payroll deducted.

Effective Date
Date of hire.

Options

  • Teacher's Insurance and Annuity Association (TIAA)/College Retirement Equities Fund (CREF)
  • Great West Retirement Services

Investment Options
Employees may allocate monthly contributions to a variety of investment options available with TIAA/CREF or Great West Retirement Services.

Benefits

  • Lifetime annuity based upon contract accumulations.
  • Survivor benefits for spouse or other beneficiary.
  • Upon termination of employment prior to retirement, you may request access to your contributions, which will be subject to TIAA/CREF, Great West Retirement Services, and Board of Trustees guidelines.
  • Employees are fully vested in the plan immediately upon employment.
     

GROUP SUPPLEMENTAL RETIREMENT ANNUITY (GSRA)
In order to increase retirement accumulations and reduce taxable income, employees can tax shelter additional money.

The GSRA contribution made by the employee is not matched by the university.

Employees interested in the supplemental plan should consult with the Benefits Counselor to determine eligibility.

Carrier
Teachers Insurance and Annuity Association (TIAA)/College Retirement Equities Fund (CREF)

Eligibility

  1. Employees who work at least .53 FTE in a regular position.
  2. Employees who are enrolled in West Virginia State Teachers Retirement are eligible to enroll for a GSRA as well as employees who are enrolled in TIAA/CREF.

Loan Provision
There is a loan provision included with GSRA accounts. The loan provisions include

  • Ability to borrow up to 45% of the TIAA/CREF accumulation, but not to exceed more than $50,000.
  • Repayments made quarterly over one to five years, or up to ten years if the loan is for buying a principal residence.
  • No fees or charges when applying for a loan.
  • Loan applications are reviewed for collateral requirement only. There are no credit reviews.
     

LONG TERM DISABILITY INSURANCE

Purpose
To offer employees an opportunity to have income replacement protection in the event of an accident or illness which results in the loss of pay.

Carrier
The Standard Insurance

Eligibility
All full-time regular status employees who work at least .53 FTE (20 hours per week).  There is pre-existing condition exclusion in this plan.  This means that The Standard Insurance will not pay any benefit if a disability is caused by an injury sustained in an accident that occurs or an illness that starts before the employee is insured.  This exclusion will not apply if for the the full year prior to start of a total disability the employee was actively at work and covered either under the group policy and/or under their prior employer's group disability policy, which provided benefits for five or more years.

Enrollment Period
Any time during the month of employment.

Effective Date
Coverage begins on the first day of the month following the date of employement.

Premium
Total cost is paid by the employee.

Coverage
Employees are divided into two groups that affect the waiting period before benefits begin, as well as the monthly premium.

  • Faculty -- a three-month waiting period is required before benefits begin
  • Staff -- a six-month waiting period before benefits begin.

Total disability under the plan is the "inability of the employee, by reason of sickness, bodily injury, or pregnancy, to engage in any occupation for which the employee is reasonably fitted by education, training or experience." The plan provides the following benefits for total disability:

  • A monthly income equal to 60% of your gross monthly salary, but not to exceed $5,000 monthly.
  • Twelve percent of the employee's gross monthly salary will be contributed to a retirement account.
  • Three-month survivor income benefit.
  • Partial disability benefits.
     

WV STATE TEACHERS

As of July 1, 1991, West Virginia State Teacher's Retirement is no longer a retirement plan option for employees in higher education. However, the following is an overview of benefits for those employees already enrolled in the plan.

Retirement Age
Members qualify for life-time monthly benefits after completing one of the following eligibility requirements:

  1. Any age with 35 years of service to receive full benefits.
  2. Any age with 30 years of service; benefits are actuarially reduced if the member is under age 55.
  3. Age 55-59 with 30 years of service to receive full benefits.
  4. Age 60 or over with 5 years of service to receive full benefits.

Eligible military service is credited as West Virginia service.

Disability Benefits
After ten years of service and less than age 60, a disability benefit package is available  providing the employee is totally disabled for six months and the disability is determined to be permanent.  Approval is based upon medical evidence.

Loans
For specific information regarding loan provisions, contact State Teachers.


SOCIAL SECURITY


Social Security is a federal program that provides retirement income, disability benefits, and health care for people 65 and older. For every dollar withheld from an employee's pay check, the university contributes an equal amount. Detailed information about particular benefits can be obtained by contacting the Social Security Office.
 

WORKERS' COMPENSATION

Chapter 23 of the West Virginia State Code provides for wage benefits and medical coverage for an employee who suffers a work related illness or injury.  The code mandates that an employee must choose either Workers’ Compensation benefits or employer paid leave.  The employee is not entitled to receive both benefits.  Please see the Disability Benefit Payment Option Form by clicking HERE.

Employee’s Responsibility

  • An employee must report all work related illness/injury to the immediate supervisor as the incident occurs.
  • The supervisor and employee must complete a Workplace Injury/Workplace Illness Report Form by clicking HERE.  This form must be received in Human Resource Services within twenty-four (24) hours of incident.
  • An employee must also complete Disability Benefit Payment Option Form.  This form must be received in Human Resource Services within forty-eight (48) hours of the incident.  If the employee is unable to complete the form, the Temporary Total Disability (TTD) Option will apply.
  • If an employee seeks medical care, the Workers’ Compensation Claim Form (WC1) must be completed by the employee and the health care provider.

Supervisor’s Responsibility

  • Assure that Workplace Injury/Workplace Illness Report Form is completed and forwarded to Human Resource Services within twenty-four (24) hours.
  • Evaluate the validity of the claim.  Any concerns should be addressed in writing.
  • Assess the work method and safety issues related to the accident.
  • Notify Human Resource Services immediately of employee’s return to work date.

Sick Leave
The first three days immediately following a job related illness or injury will not be counted against an employee’s sick/annual leave accrual. However, if the absence continues, time will be counted back to the full working day immediately after the incident.

Claims
All claims for Workers’ Compensation benefits are subject to review and ruling by the Workers’ Compensation Commission.  All medical claims and reimbursements must be filed within six (6) months.  Any claim not approved may be appealed to Workers’ Compensation.

Return to Work
The employee must provide a written return to work statement from the attending physician prior to reporting for duty.  Upon returning to work from an extended period of time, the employee may be returned to his/her previous position or one with comparable pay and duties.
 

UNEMPLOYMENT COMPENSATION

If termination of employment occurs, unemployment compensation benefits are available.  However, the terminated employee must make application with the local Employment Security office where the eligibility to receive benefits is determined.  Details are available in Human Resource Services. 
  

EDUCATIONAL BENEFITS
Full-time regular-status and part-time regular-status employees of Marshall University, the Marshall Community & Technical College, University Physicians & Surgeons, the Research & Economic Development Center, the Byrd Institute, and the MU Foundation who have completed their initial probationary period are eligible to apply for tuition waivers and financial assistance for Marshall University and/or Marshall Community & Technical College classes. Full-time regular-status employees may be permitted to enroll for undergraduate or graduate classes offered by accredited West Virginia colleges or universities during regularly scheduled work hours.  Release time is limited to actual class time and is not available for travel purposes.  The following conditions must be met if release time is to be granted:

1. Supervisor must give prior approval for release time.

2. Course must fall within employee's regularly scheduled work week.

If these conditions are met, the employee may take up to five hours per week release time to attend the class.

Reimbursements - UNDERGRADUATE
Tuition waiver/financial assistance applications may be obtained through the Staff Council Office.

Reimbursements - GRADUATE
Graduate and professional fee waivers are available through the Graduate School and provide for the waiver of tuition, registration fee, and higher education resources fee only. All student fees must be paid by the        employee.


HOLIDAYS

Purpose
To provide compensated time off to employees in order for them to observe state and federal holidays.  Holiday schedule are based on a fiscal year.  Current schedule can be viewed at the HR Services web site, http://www.marshall.edu/human-resources/bene/holidaySch06.asp.

Designated Holidays

  • NEW YEAR'S DAY
  • MARTIN LUTHER KING'S BIRTHDAY
  • LINCOLN'S BIRTHDAY*
  • WASHINGTON'S BIRTHDAY*
  • PRIMARY ELECTION DAY*
  • MEMORIAL DAY
  • WEST VIRGINIA DAY*
  • JULY 4TH
  • LABOR DAY
  • COLUMBUS DAY*
  • GENERAL ELECTION (EVERY EVEN YEAR)*
  • THANKSGIVING DAY
  • CHRISTMAS DAY

*These holidays have been reassigned and will be taken the day after Thanksgiving and between Christmas and New Year's Day.

Holidays occurring on Saturday will be officially observed on the preceding Friday. Holidays occurring on Sunday will be officially observed on the following Monday.

Additional holidays may be appointed or recommended by the Governor of West Virginia or the President of the United States for general cessation of business.

Holiday Pay
Refer to Employment Section, "Compensatory & Holiday Premium Time."

Religious Holidays
In accordance with federal law, Marshall University will grant reasonable time off to employees who wish to observe religious holidays not included on the list of recognized holidays as long as it does not cause undue operational hardships within the department. Such time off shall be charged to annual leave.

If no compensatory accrual exists, or the employee does not wish to have the time charged to annual leave, he/she may elect to

  • Take the time off without pay,
  • Make up the time missed,
  • Utilize flex time without actually altering the 37 1/2 hour work week.

Of course, this must be worked out internally on a case-by-case basis between supervisors and employees.


EMPLOYEE LEAVE

West Virginia Code §18B-1-6 and Higher Education Policy Commission Series 38 Procedural Rule provides for paid and unpaid leave for employees.

General Leave Information
Annual and sick leave may not be taken before it is accrued.  If an employee works less than a full month, annual and sick leave shall be accumulated on a pro rata basis.

Eligibility

  • An employee working on a regular and continuing basis for no less than 1,950 hours within a twelve (12) consecutive month period is considered to be a full-time employee and is eligible for leave as specified.
  • An employee working between 1,040 hours and 1,950 hours on a regular and continuing basis during a twelve (12) consecutive month period shall accumulate leave on a pro rata basis.
  • An employee working less than 1,040 hours during a twelve (12) month period is not eligible for leave benefits.
  • A faculty member on a twelve-month appointment is defined as a full-time employee; therefore, accrues sick and annual leave.
  • Casual, student, and temporary employees are not eligible.

Leave of Absence, Terminal Leave, Holidays, Service Credit, and Transfer of Leave

  • An employee on leave of absence without pay shall not accrue annual or sick leave or years of service credit for any and all full months in which she/he is off the payroll.
  • In the course of a resignation or retirement, terminal leave is the period following the last day of actual work.  During this period the employee remains on the payroll, however, no type of leave may be accrued.  Also, the employee is not eligible for any paid holidays during the terminal leave period.
  • A recognized institutional holiday occurring during an employee’s leave period shall not be considered as a day of leave, provided the employee is not in a terminal leave period.
  • Length of service shall be total years of service which includes experience with state institutions of higher education and other state agencies.  Continuous service is not required to complete the required term.  Annual appointment periods of nine (9) months or more shall be credited for one (1) year of service for annual leave calculation purposes.
  • Up to fifteen (15) days of annual leave may be transferred from other agencies of state government and state higher education institutions.  Certification of the balance is required.  A request for transfer must be made within one (1) year from the last day of employment with the other agency or institution.
  • All accumulated sick leave may be transferred from other agencies of state government and state higher education institutions.  Certification of the balance is required.  The transfer of accumulated sick leave must be made within one (1) year of the date of employment with Marshall University.

Notification
Employees are required to follow unit, department, division, or institutional established procedures when requesting leave and notifying supervisors of their absences.

Resignation/Retirement
An employee who resigns or retires will be paid for unused annual leave.  He/she may elect to be paid for the balance of their unused annual leave in a lump sum or remain on the payroll after the last scheduled work day until all annual leave is exhausted.

A resigning employee forfeits all accumulated sick leave.  No reimbursement shall be provided for unused sick leave except in the event of retirement, in which case sick leave may be converted to health insurance coverage or for provisions lawfully provided for at that time.  An employee who resigns in good standing and is later reemployed may have their total accumulated sick leave reinstated, provided the date of termination is one (1) year or less from the date of reemployment.  However, if the employee returns to work after more than one (1) year from the date of termination, no more than 30 days of accumulated sick leave may be reinstated.  Unused sick leave may be transferred to another state agency, if requested within time limitations.

Change in Status
An employee who transfers from a staff or faculty leave-eligible position to a nine-month faculty position (ineligible for leave) will be paid for accumulated annual leave in a lump sum upon transfer.

Reporting
Leave should be reported to Payroll and HR Services in quarter-hour increments.
 

PAID LEAVES

ANNUAL LEAVE

Eligibility/Accrual Rates
Full-time non-classified employees and faculty with twelve-month appointments shall be eligible for up to twenty-four (24) days leave per year calculated at the rate of 2.00 days per month from the date of employment.

Employees in full-time classified positions shall be eligible for annual leave based on length of service as follows:

  • <Five years of service             1.25 days/month                    15 days/year
  • 5 -10 years of service             1.50 days/month                    18 days/year
  • 10-15 years of service            1.75 days/month                    21 days/year
  • 15+ years of service               2.00 days/month                    24 days/year

Eligible employees who work less than 1,950 hours per year earn leave on a pro rata basis.

Maximum Accumulation
Employees may accumulate a maximum of twice their annual accrual rate.  Any accrual beyond twice the annual accrual rate will be forfeited.  Example:  If an employee earns 15 days per year, the maximum accrual will be 30 days.

Other Conditions
At the request of the employee through established procedures, annual leave may be granted because of illness.  In the event of an employee’s death, the value of accumulated annual leave will be paid to the employee’s estate.  Work requirements shall take priority over the scheduling of annual leave.  However, when operationally possible, the supervisor shall grant earned annual leave at the convenience of the employee.
 

SICK LEAVE

Sick leave may be used by the employee when ill, injured, when in need of medical attention or when death occurs in the immediate family.  Sick leave may also be used to care for immediate family members who are ill, injured, or when in need of medical attention.

Accrual Rate
A full time employee earns 1.50 days per month.  An eligible employee who works less than 1,950 hours per year earns on a pro rata basis.

Maximum Accumulation
Sick leave may be accumulated without limit.

Definition of Immediate Family Members
Immediate family is defined as:  father, mother, son, daughter, brother, sister, husband, wife, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandmother, grandfather, granddaughter, grandson, stepmother, stepfather, stepchildren, or others considered to be members of the household and living under the same roof.

Verification
Sick leave for more than five (5) consecutive days shall not be granted to an employee for illness without satisfactory proof of illness or injury, as evidence by a statement of the attending physician or by other proof satisfactory to the institution. 

The institution may require evidence from an employee for verification of an illness or other causes for which leave may be granted under this rule, regardless of the duration of the illness.

Falsification of documentation or abuse of sick leave may result in disciplinary action, including dismissal.

Medical Release
An employee having an extended illness or serious injury shall, before returning to duty, obtain satisfactory medical clearance to help ensure adequate protection and shall indicate the employee’s ability to perform her/his duties.  The medical clearance must be in writing.

Annual Leave Option
Except in cases involving catastrophic sick leave, if all accumulated sick leave has been used and annual leave is available, it is the option of an employee to choose one of the following:

  • to use any accumulated annual leave until it has also expired, or
  • retain the accumulated annual leave for use after return to work and be taken off the payroll immediately after the accumulated sick leave has expired.

Please see section on Medical Leave of Absence without Pay for more information.

Workers’ Compensation
Please refer to the section on Workers’ Compensation.
 

CATASTROPHIC LEAVE

Catastrophic Leave provides for paid leave donated by co-workers.  By policy, catastrophic leave is defined as, “a medically verified illness or injury which is expected to incapacitate the employee and which creates a financial hardship because the employee has exhausted all leave and other paid time off.”  Catastrophic leave can also be used for an incapacitated immediate family member if this results in the employee being required to take time off from work to care for the family member and the employee has exhausted all leave and other paid time off.

Eligibility
Non-classified and classified staff and twelve-month faculty who are eligible for leave are eligible for catastrophic leave.

Definition and Limitation
Catastrophic is defined as a tragedy; a momentous tragic illness or injury ranging from extreme misfortune to utter ruin.   Because of this definition, catastrophic leave will not be automatically allowed, especially where there is evidence of abuse.

Responsibility
The President or his/her designee has the authority to approve the transfer of sick leave.  At Marshall University, the Director of Human Resource Services serves as the President’s designee in this regard.  This program will be administered in accordance with the West Virginia State Code.  Confidentiality is crucial and will be strictly maintained

A leave recipient must complete an application form for catastrophic leave and obtain medical documentation.  These two documents should be given to HR Services in a timely manner. 

A leave donor must complete a leave donation form and forward to HR Services.
 

FUNERAL LEAVE

An employee may use sick leave in the event of the death of an immediate family member.  Please see the Sick Leave section for the definition of an immediate family member.  Supervisors may request verification.  Annual leave may be requested to provide an extended bereavement period or to attend to the affairs of the estate.
 

MILITARY LEAVE

An employee who is a member of the National Guard or any of the Reserve Components of the Armed Forces of the Federal Government is entitled to a leave of absence from duty without loss of pay, status, or efficiency rating, on all days during which they are engaged in drills or parades ordered by proper authority, or for field training or active service for a maximum period of thirty (30) working days in any one (1) calendar year.  The term “without loss of pay” shall mean that the employee shall continue to receive normal salary or compensation, notwithstanding the fact that such employee may receive other compensation from federal sources during the same period.  Furthermore, the leave of absence is considered as time worked in computing seniority, eligibility for salary increase and experience.  The employee must submit an order or statement in writing from the appropriate military officer in support of the request for such military leave.

Additional Paid Leave
An employee who is a member of the National Guard or any of the Reserve Components of the Armed Forces of the Federal Government and who is called to active duty is eligible for an additional leave of absence from employment for a maximum period of thirty (30) days.  An employee who has not used all or some portion of the original thirty working days of military leave is eligible to add the number of unused days from the same calendar year to the thirty days for which he/she is eligible, up to a maximum of sixty (60) days for a single call to active duty.  Leave cannot be carried over and used in the next calendar year.

Unpaid Military Leave
Any employee called to active duty during a time of war, national emergency or under compulsory provisions of the law of the United States shall be granted a leave of absence without pay (beyond the paid leave above).  Upon return to work, the employee shall be credited with all annual leave and sick leave not used at the commencement of his/her military leave.


JURY LEAVE

Upon application in writing, an employee shall be granted leave with pay when, in obedience to a subpoena or direction by proper authority he or she serves upon a jury or appears as a witness before any court or judge, any legislative committee, or any officer, board, or body authorized by law to conduct any hearing or inquiry.  This shall not apply in cases where the employee is a litigant, defendant or other principal party or has a personal or familial interest in the case or proceeding.

Official Duties
When attendance in a court is in connection with an employee’s usual official duties, time required in going and returning shall not be considered as absence from duty.

Report to Work
The employee shall report to work if he/she is excused by the court before the end of her/his regular work day.
 

SPECIAL EMERGENCY LEAVE WITH PAY

Special emergency leave with pay may be granted by the president or her/his designee to full-time employees in the event of extreme misfortune to the employee or the immediate family.  The leave should be the minimum necessary, and in no case may it exceed five (5) days within any twelve (12) consecutive month period.  Typical events which may qualify an employee for such leave are fire, flood, or other events (other than personal illness or injury or serious illness or death in the immediate family) of a nature requiring emergency attention by the employee.
 

Leaves without Pay

The federal and state governments provide leaves without pay for medical or personal circumstances or to handle family responsibilities.

MEDICAL LEAVE OF ABSENCE WITHOUT PAY

An employee requesting a medical leave of absence without pay must provide the president or the president’s designee with satisfactory medical evidence (such as a statement from the attending physician) that he/she is unable to work.  The medical statement shall include a diagnosis, prognosis, and expected date that the employee can return to work.  If the evidence is satisfactory, the president or her/his designee may authorize a medical leave of absence without pay only for the period of disability specified by the attending physician.

Eligibility
Only employees considered full-time regular are eligible for a medical leave of absence without pay.

Limitations
A medical leave of absence without pay may be granted for no more than a twelve (12) consecutive month period.  An employee must utilize all sick leave prior to beginning a medical leave of absence.  Annual leave may be banked until the employee returns to work or may be used to extend paid leave.  This decision is the employee’s choice.

During a medical leave of absence without pay the university will continue to pay its portion of the employee’s health insurance if the employee’s share is paid in a timely manner.

Return to Work
An employee shall be expected to report to work on the first workday following expiration of the disability period.  Failure of the employee to report promptly at the expiration of a medical leave of absence without pay, except for satisfactory reasons submitted in advance, shall be cause for termination of employment by the institution.  An employee, prior to return to duty, shall obtain satisfactory medical clearance to help ensure adequate protection and which shall indicate the employee’s ability to perform her/his duties.  The medical clearance must be presented in writing.

Separation
If any employee is unable to return to work after the maximum twelve (12) months of disability, he/she will be separated from employment.  Any remaining annual leave will be paid in a lump sum payment.
 

PERSONAL LEAVE OF ABSENCE WITHOUT PAY

An employee, upon application in writing  and upon written approval by the institutional president or her/his designee, may be granted a continuous leave of absence without pay for a period of time not to exceed twelve (12) consecutive months provided all accrued annual leave has been exhausted.  Application should include supervisors’ approval.

Insurance
During a personal leave, Marshall University shall continue group health insurance coverage provided that the employee pays the full premium costs of such group health plan.

Return to Work
At the expiration of leave of absence without pay, the employee shall be reinstated without loss of any rights, unless the position is no longer available due to a reduction in staff caused by curtailment of funds or a reduced workload.  Failure of the employee to report promptly at the expiration of a leave of absence without pay, except for satisfactory reasons submitted in advance, shall be cause for termination of employment.
 

FAMILY AND MEDICAL LEAVE

The Family and Medical Leave Act (FMLA) is a federal law.  This law provides for twelve (12) weeks of leave in a year.  At Marshall University, for purposes of this law, a year is defined as a calendar year.  Certification is required.

Eligibility
An employee applying for Family and Medical Leave must have worked at least 1,250 hours during the last year and have been employed at Marshall University at least 12 months prior to application.  Hours worked do not include hours of paid or unpaid leave.

Reasons for Leave
The FMLA provides leave for the following reasons:

  • the birth of a son or daughter, and to care for the newborn child;
  • the placement with the employee of a child for adoption or foster care, and to care for the newly placed child;
  • to care for an immediate family member (spouse, child, or parent) with a serious health condition; and
  • the employee is unable to work because of a serious health condition.

Intermittent/Reduced Schedule Leave
FMLA permits an employee to take leave on an intermittent basis or to work a reduced schedule under certain circumstances.

Return to Work
An employee on FMLA shall be returned to the same or an equivalent job at the same salary.  If FMLA was required for the employee’s illness, injury, or condition, a written medical release from a physician is required prior to the employee returning to work.
 

PARENTAL LEAVE

The Parental Leave Act of 1989 is a West Virginia state law.

Eligibility
A full-time regular employee who has worked at least twelve (12) consecutive weeks for the state may request up to twelve (12) weeks unpaid parental leave.  The request must be due to birth or adoption by the employee or because of a planned medical treatment or care for the employee’s spouse, son, daughter, parent, or dependent with a serious health condition.  Parental leave is not used for an employee’s illness or disability.

Application
The employee must provide the supervisor with written notice two (2) weeks prior to the expected birth or adoption; or for the medical treatment; or for the supervision of a dependent.  Failure to submit a written request may be cause for denial.

Certification
The employee must provide the supervisor with certification by the treating physician and/or documentation regarding dependency status.

Paid Leave
All annual leave must be exhausted before the parental leave begins.  No more than a total of twelve (12) weeks of parental leave may be taken in any twelve (12) consecutive month period.

Health Insurance
During parental leave by an employee, Marshall University shall continue group health insurance coverage provided that the employee pays the employer the full premium cost of such group health plan.

Return to Work
The position held by the employee immediately before the leave commenced shall be held for a period not to exceed the twelve week period of the parental leave and the employee shall be returned to that position. 

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Revised 04/14/04. This page edited by Jim Stephens, 304.696.3983, jstephens@marshall.edu

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