IIT will grant an eligible employee leave for up to 12 weeks during a 12-month period, if the procedures in this policy are followed and leave is requested for any of the following reasons:
 

1.	The birth or adoption of a child, or receiving a child for foster care;
2.	To care for a "family member" (as defined in Section 6.02 a.) of the employee if that individual has a serious health condition; or
3.	The employee's own serious health condition that makes it impossible to perform essential job functions.

An employee cannot take 12 weeks' sick leave and 12 weeks' parental leave during the same 12-month period under these provisions (see Personal Leave, Policy C. 7.00). 

If the leave is for birth, adoption, or foster care placement, the leave must be completed within 12 months of the date of birth, date of adoption, or placement.
 

Available leave will be calculated by determining the amount of leave used by an employee for the 12 months prior to each day for which leave is requested and subtracting that number from the total of days equal to 12 work weeks. This is referred to as the "rolling" method of calculation. Employees will be advised when requesting leave of the amount of FMLA leave they have available. 
 

If a husband and wife or eligible domestic partner both work for IIT, and are eligible for leave, they are only entitled to a combined 12 work weeks of leave taken for birth, adoption, foster care, or to care for a parent.
 

An employee taking leave for personal illness or to care for a sick family member need not take such leave continuously and may take it on an intermittent basis, or by reducing the employee's scheduled work hours, if the employee provides certification from the health care provider caring for the employee and/or family member that it is medically necessary that leave must be taken in this manner. If leave is not taken continuously, it will be deducted from the employee's entitlement to leave, i.e., 12 weeks equivalent during a 12-month period in increments of one hour.
 

Requests for intermittent or reduced schedule (part-time) leave after the birth, adoption, or foster care placement of a child will be considered on a case-by-case basis. The request should be made to the supervisor.  

IIT reserves the right to refuse leave, or to cancel any such arrangement on 14 days' notice, if IIT concludes that the needs of IIT require the employee's presence on a full-time basis. 

Note: to maintain benefits eligibility, a schedule representing 60% of full-time must be maintained.
 

IIT reserves the right to deny reinstatement, under appropriate circumstances, to IIT officers holding the title of Vice President. In the event that IIT determines that an officer will not be reinstated, then the individual shall be so notified in writing.
 

"Family member" includes the employee's spouse, son, daughter, parent (but not a parent "in-law") or eligible domestic partner . A "son" or "daughter" is any child under 18 who is the biological child of the employee, who is adopted by the employee, or whom the employee supervises on a day to day basis and for whom the employee is financially responsible. A "son" or "daughter" is also a child over 18 who is incapable of self-care because of a mental or physical disability. A parent is any individual who assumed day to day and financial responsibility for the employee when the employee was a child.
 

"Serious Health Condition" is defined as an illness, injury, impairment or physical or mental condition that involves a period of incapacity or treatment following in-patient care in a hospital, hospice, or residential medical care facility; a period of incapacity requiring more than three days' absence from work and continuing treatment by a health care provider; or continuing treatment by a health care provider for a chronic or long-term health condition that is so serious that, if not treated would likely result in incapacity of more than three days; or continuing treatment by or under the supervision of a health care provider of a chronic or long-term condition or disability that is incurable; or pre-natal care.
 

A "health care provider" is any doctor of medicine or osteopathy, podiatrist, optometrist, and nurse practitioner, or nurse midwife performing within the scope of their practice as defined under state law. Christian Science practitioners and Chiropractors are health care providers to the extent defined under regulations issued by the U.S. Department of Labor.
 

In the case of an employee's illness or serious health condition (including childbirth), the employee is required to draw available paid sick leave which is limited to the actual period of medical disability. Employees electing to remain on leave beyond the period of medical disability (as with childbirth) may draw other earned paid time off, but are not required to do so.
 

In the case of leave for adoption, foster care placement, or to care for a "family member", the employee must at least draw accrued vacation hours down to a balance not to exceed 15 days. Sick leave is not available for leave taken for this purpose
 

During the leave, IIT will maintain the employee's coverage for health benefits as follows. The employee is required to continue to pay the employee's portion of any health insurance premiums normally deducted from the employee's paycheck. This amount shall be paid before the first of the month for the next month's coverage by tendering a check payable to Illinois Institute of Technology.

If the employee fails to make the required payments for health coverage within 30 days of the date that such payments are due, health coverage will be discontinued. All outstanding premiums due IIT will be deducted from the employee's pay upon return.
 

Other benefits normally provided to an employee shall be available only if permitted by the plan document governing the provision of benefits, and if the employee complies with the schedule for any required premiums. In accordance with existing IIT policies on unpaid leave, employees will not earn any vacation pay, sick leave, or personal leave while on unpaid FMLA leave. Employees on an intermittent or reduced-schedule leave will earn vacation or other leave at the same rate as part-time employees working similar schedules.
 

Upon the employee's return from leave, IIT has the right to refuse to reinstate any benefit or condition of employment that has been discontinued for IIT's employees.
 

An employee taking leave not exceeding a total of 12 weeks absence under this policy will, at the election of IIT, be returned to his/her same position or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment, unless the employee would have been terminated in the absence of any leave (e.g., layoff, downsizing, or termination of a temporary job). Those leaves caused by the employee's own serious health condition may have a job guarantee beyond 12 weeks if the employee remains in pay status due to not yet having exhausted the accrued sick leave balance. Taking of leave will not result in any loss of benefits or conditions of employment applicable to any other active employee.
 

IIT will require a fitness-for-duty certification prior to return to work for employees absent from work for three (3) or more days. 

Those employees required to submit to a pre-employment physical examination in order to qualify for their positions will be again required to have an examination prior to return to work following an absence due to physical disability. 

IIT reserves the right to make additional medical inquiries and/or require follow-up examinations, at its expense, to ensure that employees can safely perform all the functions of the job. These medical inquiries will be conducted in accordance with IIT's policy with regard to the Americans With Disabilities Act.
 

IIT will require that an employee recertify every 30 days the medical condition that caused the employee to take leave. Two weeks' prior written notice of intent to return, and medical clearance from the employee's physician must be received and approved by Human Resources before returning to work. A second and third medical opinion may also be required before return to work in the case of a serious illness. Failure to comply with report deadlines and recertification requirements will be construed as an indication that the employee chose to voluntarily resign from his/her position.
 

When an employee notifies IIT that he or she is not returning from leave, IIT shall terminate the employee's health benefits and he or she shall no longer have a right to reinstatement to the same or equivalent position. The employee shall be entitled to continuation of health benefits only in accordance with the Consolidated Omnibus Budget Reconciliation Act ("COBRA") and the provisions of the health plan.
 

Upon receiving notice that the employee is not returning to employment with IIT, or should the employee simply fail to return or return to employment with IIT for less than 30 days after leave has ended, the employee shall owe IIT the cost of any benefits provided during leave, including both IIT and any employee premiums for health benefits.  

If an employee does not return to work under circumstances where repayment can be required, the employee must repay all premiums within 60 days after receiving notice from IIT of the amount owed. After that time, the matter will be turned over to collections as a debt, which could result in legal action.
 

Employees who fail to return to work after FMLA leave shall be treated as having voluntarily terminated their employment. Employees who voluntarily resign are not entitled to any severance pay or pay for personal business or personal floating holidays.