Human Resources

Wagner College will grant up to twelve (12) weeks of unpaid leave per year to employees who have completed at least twelve (12) months of service and have worked at least 1,250 hours, in the last 12 months, to qualify for this leave without pay.

As is permitted by law, Wagner College's policy is that you must exhaust all available paid leave - including, without limitation, accrued vacation, personal and sick days - as part of your FMLA leave.  After such paid leave has been exhausted any remaining FMLA leave shall be unpaid.

Leave may be taken for the following reasons:

• To care for your child in connection with the birth, adoption or foster care placement.
• To care for your spouse, child or parent who has a serious health condition.
• For your own serious health condition that makes you unable to perform your job.

A serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential health care facility, or continuing treatment or supervision by a health care provider.

You must notify the Human Resources Office of the need for leave as soon as you know that leave time will be required.  If the leave is to be taken because of the birth, adoption or foster care placement of a child, or for foreseeable medical treatment, at least 30 days notice is required whenever possible.  The College will require certification of the need for leave.  When leave is due to a serious health condition, the doctor providing medical attention to the patient must provide the certification.

The certification must include:

• the date the condition commenced
• probable duration of the condition
• appropriate medical facts regarding the condition
• statement that you are needed to provide care for the family member and the amount of time that you will be needed to provide care.
• statement that you are unable to perform the essential functions of your job and an estimate of the duration of the condition that prevents you from working, when appropriate.

Wagner College reserves the right to have the employee examined by an independent medical practitioner.

When leave has been taken because of your personal illness which prevented you from performing the functions of your job you must present a “release to work” from the attending physician to the Human Resources Office before you will be allowed to work.

All benefits will be discontinued during your unpaid leave except for participation in the College's health insurance plan.  Group health plan benefits will continue on the same basis as coverage would have been provided if you had been continuously employed during the FMLA period.  During paid leave your portion of health insurance premiums will be paid through salary reduction and the College will continue to pay its share of your health care premium. If the FMLA leave is unpaid, your portion of the monthly premium should be made to Wagner College.  Payments should be sent to the Office of Human Resources the first week of every month.   Health care coverage will cease if your premium is more than 30 days late.  If you do not return to work after the FMLA leave, you will be required to pay back to the College any health insurance premiums the College paid on your behalf.

Whenever possible employees who return at the end of the approved leave time will be restored to the position they held when leave began.  If the same position is not available you will be restored to an equivalent position, unless your position has been eliminated due to reasons unrelated to the leave.  The College may deny reinstatement to those salaried employees who are among the 10% most highly compensated if it determines that reinstatement will cause substantial and grievous economic injury to its operations.

Posting of the employee rights under the Family Medical Leave Act of 1993 can be found outside of the Human Resources Office.  Any employee requiring explanation of the law, additional information regarding the procedures for obtaining FMLA leave, including any additional documents or forms that may be required, should contact the Human Resources Office.

For more information, you may visit the Department of Labor web site on the Family Medical Leave Act.