(1) In accordance with the Family and Medical Leave Act (FMLA) and this section, CWU shall grant eligible employees applicable paid and unpaid leave for up to 12 work weeks during a 12 - month period for any of the following events: the birth or adoption of a child, or the foster care placement of a child; the care of an employee’s spouse or same or opposite sex domestic partner, son, daughter, or parent if that individual has a serious health condition; or a serious health condition of the employee that renders the employee unable to perform regular assigned job functions.

(2) The servicemember family leave section of the FMLA covers a qualifying exigency arising from the fact that the spouse, son, daughter, or parent of the employee is on active duty or has been notified of an impending call to active duty in the Armed Forces in support of a contingency operation; or to provide care for a covered servicemember who is suffering from a serious illness or injury incurred in the line of duty. 

 Servicemember family leave shall be allowed to an eligible employee who is the spouse, son, daughter, parent or next of kin of a covered servicemember and shall be for a period of up to twenty-six (26) workweeks of leave in a single twelve (12) month period. During the single twelve (12) month period during which service member family leave is taken the employee may only take a combined total of twenty-six (26) workweeks of leave for servicemember family leave and leave taken for other FMLA qualifying reasons. The definitions for servicemember family leave are covered in the university administrative policies and procedures.

(3) For purposes of this code, an eligible employee is an exempt employee who has worked for the university for at least 12 months and for at least 1,250 hours during the previous 12-month period. For part -time employees who meet this requirement, the 12 weeks of leave shall be provided on the same pro rata basis that their employment schedule bears to a full-time schedule. The employee may choose to use appropriate accrued paid leave and/or leave without pay for absence granted in accordance with FMLA. All elected paid leave is to be taken before leave without pay with one exception: employees will reserve and use sufficient paid leave each pay period during leave without pay to cover the employee paid premiums for continuing insurance coverage.

(4) An eligible couple (husband and wife or same or opposite sex domestic partners), who are both employed by CWU, are each entitled to 12 work weeks of FMLA leave (or a combined total of 26 workweeks of leave for servicemember family leave and leave taken for the other FMLA qualifying reasons) during a 12-month period. However, their combined leave per incident of birth, adoption, foster child placement, and exigency may not exceed a total of 12 weeks or a combined total of 26 workweeks of leave for servicemember family leave and leave taken for the other FMLA qualifying reasons.

[EEAGB: 4/7/08; BOT: 6/6/08; BOT: 2/09; BOT: 6/09: Responsibility: EEA Governing Board/Chief of Staff; Authority: President’s Office; Reviewed/Endorsed Cabinet/PAC; Review/Effective Date: 9-5-12; Approved by: James L. Gaudino, President]