FUNDAMENTOS DE MI VOTO DISIDENTE

It is the policy of Sacred Heart University to provide family and medical leave to eligible employees in accordance with the federal Family and Medical Leave Act of 1993

(FMLA) and Connecticut's Family Medical Leave Act.

Employees who have completed at least one year of service and have worked for the University at least 1,250 hours in the previous 12 months preceding the first day of leave are eligible for family and medical leave under the Federal/State laws. Eligible

employees who qualify may be granted a family or medical leave for a period of up to 16 weeks in any 24-month period (under state law) or up to 12 weeks in a 12-month period (under federal law) for any of the reasons listed below:

1. The birth of a child or the placement of a child for adoption or foster care and subsequent care for the child;

2. Serious health condition of the employee; or

3. Serious health condition of the employee's spouse, child or parent.

An employee's leave under both federal and state law is not to exceed a total of 16 weeks in one year under state law and 12 weeks in the following year under federal law, or vice versa. The FMLA period is measured forward from the date the first FMLA leave begins.

FMLA leave on an intermittent basis or on a reduced time basis may be requested only when medically necessary for a serious health condition. When possible, employees should attempt to schedule medical treatments so as to minimize disruption to their departments. FMLA leave for the birth or placement of a child for adoption or foster care can be taken within 12 months from the child's date of birth or placement. When both spouses are working at the University and are eligible for FMLA leave, their FMLA allowance is a combined total of 16 weeks under state law or 12 weeks under federal law, if the leave is requested for the birth or adoption of a child or to care for a parent with a serious health condition.

If an employee is eligible and requests a leave that qualifies as family and medical leave, such leave will be counted against their FMLA leave entitlement. This will include any workers’ compensation-related absence, and paid or unpaid leave for an FMLA

qualifying reason.

An employee taking a family or medical leave under federal/state laws is required as per University policy to use any other paid leave available to the employee (such as vacation, personal days, and sick leave or short-term disability leave in case of the employee's own serious illness), as part or all of the 12 or 16-week period. Sick leave or short-term

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Family and Medical Leave Act (FMLA) Page 2 of 2

disability leave will apply only to the period of actual medical disability of the employee. After the paid leave is exhausted, the remainder of the leave period will be unpaid.

During an FMLA designated leave, the University will continue to provide benefit plan coverages to the employee on the same basis that applied before the leave commenced. The employee must continue his/her share of insurance contributions during the period of FMLA leave. If the employee does not return to work at the end of the FMLA leave, he/she is responsible for paying the cost of premiums paid by the University during the unpaid leave. Retirement contributions will cease and sick leave and vacation days will not accrue during the unpaid leave.

Any eligible employee who requests a family or medical leave is required to provide his/her supervisor with at least two weeks’ advance written notification, to the extent that advance notice is possible. This notification must be signed by the supervisor and

forwarded to the Benefits/Human Resources Office for final approval. An application for medical leave based on the employee's or family member's serious health condition must be accompanied by a medical certification statement from a health care provider stating the diagnosis, an estimate of the time needed and appropriate facts about the medical condition. For a leave related to the employee's own serious illness, the certification must state the reasons the employee cannot perform the functions of his/her own job. In the case of a family member's serious health condition, the certification must state the need for the employee to care for the family member. The University may request the employee to submit to a medical examination by a provider selected and paid for by the University. The University will require a medical certification regarding the employee's fitness to return to work from a medical leave.

Upon return from an FMLA designated leave, the eligible employee will be returned to his/her previous position or to a position with equivalent pay and benefits as may be provided by law. The returning employee is entitled to all accumulated service, benefits and other service credits that he/she had at the commencement of such leave.

The University reserves the right to deny leave or job restoration, if the employee is one of the 10% highest-salaried employees of the University and if that employee’s absence will cause substantial and grievous economic injury to the operations of the University. For further information about this leave benefit, contact the Benefits/Human Resources Office. All information about FMLA is subject to and superseded by the terms of the FMLA as it may from time to time be amended.

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