Leaves of Absence

Introduction

Bethel University provides leave of absence options based on the nature of the request and length of employment where applicable. In order to ensure that leave policies are applied on a consistent basis, the following guidelines are to be used in conjunction with the appropriate policy.

Types of Leave, Duration, and Eligibility

Bereavement Leave

Full- and part-time employees will be permitted a bereavement leave of up to five days off with pay in the case of death of their spouse, child, parent, or guardian. Up to three days off with pay will be granted for the death of an immediate family member. Immediate family members include brother, sister, grandparent, grandchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, and grandparent-in-law. One day off with pay will be granted for relatives other than immediate family. Use of earned vacation and/or personal leave, or additional time without pay, may be granted by the supervisor in unusual circumstances requiring travel or other unique considerations.

Procedures

1. Employee should notify their supervisor of request.
2. Non-exempt employees must record the time taken on their timesheets.
3. Exempt employees do not need to report the time taken on their leave reports.

Bone Marrow Donation Leave

In accordance with Minnesota law, employees who work an average of 20 hours per week who require time off to undergo a medical procedure to donate bone marrow are eligible to receive up to 40 hours of leave with pay.

Procedures

1. The employee should notify, in writing, their direct supervisor and the Office of People and Culture at least one week in advance.
2. Non-exempt and exempt employees do not need to record time on their timesheet/leave report.

Military Leave

Two Week Encampment:

Full or part-time employees who are members of the United States Armed Services Reserve or the National Guard program, and are thereby required to attend a two-week annual encampment, will be paid the difference between their normal or base rate of pay for the period of time lost and the military pay earned while at annual encampment for a maximum of 15 calendar days. This leave will be granted in addition to any accrued vacation time.

Military leave pay is not given for voluntary enlistment in active military service which occurs after beginning employment with Bethel.

Procedures:

1. The Office of People and Culture should be notified in writing two weeks in advance of the required military encampment. The memo or email should include the dates of the leave and the military rate of pay.
2. Non-exempt employees should leave their timesheet blank (do not fill in any hours worked) for military leave.
3. Exempt employees do not report this leave taken on their leave report.
4. The Office of People and Culture will process the military leave and pay the difference between the normal or base rate of pay for the period of time lost and the military pay earned while at annual encampment for a maximum of 15 calendar days.
5. If the employee elects to receive military pay instead of Bethel pay, (military pay is greater than Bethel pay), the above mentioned memo should be used to request this.

Reemployment after Military Service:

Employees applying within 90 days of honorable discharge or release from active duty will be reinstated in their former position or a position within the same rank or salary grade.

Returning employees will be given credit for prior years of service, with no loss of status or rate of pay.

Employees who voluntarily or involuntarily leave their employment at Bethel to undertake military service, including those called up to active service from the Reserves or National Guard, are entitled to certain re-employment rights.

Employees should contact the Office of People and Culture for additional information.

Paid Parental Leave

Paid Parental Leave

Effective Date: November 21, 2023

Introduction: Welcoming children into our families is a joy and an event that Bethel University celebrates and supports with paid leave. For faculty who hold teaching roles, the birth or adoption of a child can create a difficult situation for the seamless continuation of learning if the child arrives during a term. The Paid Parental Leave Policy is designed to support expanded families while also supporting students in their learning journey. 

Brief summary: Eligible faculty who welcome a child into their family through birth or adoption will be generally offered one semester without teaching responsibilities. Twelve  weeks of this time will be paid parental leave; the remainder of the semester (before or after birth/adoption) will be non-teaching duties as assigned by Bethel University. Many details are contained in the policy below - this summary is not the policy itself.

Process: What to do if you are anticipating a child joining your family. 

1. As soon as possible after you know the likely due date or date of adoption, contact OPC to communicate the due date and your desire to work with this policy. OPC will then contact your dean and associate provost. 
2. A letter outlining the details of the leave will be issued by the dean, to be archived in the faculty file and OPC. 
3. Faculty who receive this leave may choose to delay evaluation for tenure or extended clinical or non-tenure continuing contracts by one year. They must make this decision as part of the request for paid parental leave, and the decision will be recorded in the letter from the dean.

*************************************************************************************************************

Policy:

Bethel University provides eligible faculty members with up to twelve (12) weeks of paid parental leave following the birth or adoption of a minor child as set forth in this policy. 

The following faculty members are eligible for paid parental leave under this policy on the conditions set forth in this policy: 

• The faculty member on an annual contract must be in a full-time benefits eligible position at the time of leave, have been employed by Bethel in such a position for at least twelve months prior to the start of leave, and have experienced a birth of a biological child or an adoption of a minor child into their family. Both mothers and fathers are eligible for this leave.
• The faculty member must intend to and must return to work following the leave and must remain employed by Bethel for a period of at least 12 (twelve) months after returning from leave.  Should a faculty member who takes paid parental leave under this policy fail to return to work or to remain employed by Bethel for at least 12 (twelve) months following the leave, they shall be obligated to repay to Bethel the gross amount of all pay received under this policy during leave, along with Bethel’s reasonable legal fees and costs, if any, incurred to collect such repayment.  As a condition of taking paid leave under this policy, an eligible faculty member must sign a repayment agreement recognizing this repayment obligation.
• If the faculty member is a teaching faculty member, the faculty member must work in cooperation with Bethel to minimize the impact of a leave on students assigned to the faculty member.  Due to the disruption that a mid-course change in instructors has on students, a faculty member must, if requested by Bethel, agree to and perform alternative duties other than teaching for a period of time before and/or after a leave to avoid a mid-course change in instructors.  In deciding whether to assign alternative duties to a teaching faculty member, Bethel will consider the anticipated start and end dates of leave, where those dates fall during the applicable academic term, and other factors deemed relevant by Bethel.  Bethel will typically assign alternative duties other than teaching if a leave will result in an instructor change mid-course unless Bethel determines that the change in instructor is for a period of time that will not be unduly disruptive to students, staffing options do not permit such a change, or other factors make such a change unwarranted.
• The leave must fall within a period of time that the faculty member is otherwise scheduled to work, and faculty are not eligible for paid leave during periods following outside their applicable contract dates in a given year.  As an example, a faculty member who is on summer break and not scheduled to work is not eligible to take paid leave during summer break. 
• A faculty member on paid leave or in a period of alternative work assignment adjacent to the leave cannot perform work to receive overload or stipend payments during the period of the leave. 

An eligible faculty member who has a birth of a biological child or the adoption of a minor child may take up to twelve (12) weeks of paid leave time under this policy. The paid leave period must begin on the day of the birth of the baby or the date of the adoption of the minor child. A faculty member may request that Bethel agree to defer the start date of the leave to a later date, and Bethel may agree to a later start date if it determines, in its discretion, that student learning outcomes will be better served by a later start date. In addition, a faculty member may, if eligible for FMLA, MPLA or any other parental leave under applicable law, take unpaid parenting leave starting a later date than the date of birth or adoption to the extent permitted by such laws.  See Bethel’s FMLA and MPLA policies for more information.

If a faculty member who has given birth is eligible for disability benefit pay following the birth of their biological child, the disability pay period will run concurrent with any paid leave taken under this policy.  In addition, any paid leave period under this policy runs concurrent with any period of leave to which an faculty member may be entitled under the federal Family Medical Leave Act (FMLA), the MN Parental Leave Act (MPLA) or any other applicable law providing for unpaid pregnancy-related medical leave or post-birth or adoption medical or bonding leave.  See Bethel’s FMLA and MN Parental Leave policies for more information.  

An faculty member who is not eligible for paid leave under this policy because they do not meet the eligibility criteria and conditions of this policy may take unpaid time off for the birth, adoption or foster care placement of a child pursuant to any leave rights they may have, if any, under the FMLA, MPLA or other applicable law. See Bethel’s FMLA and MPLA policies for more information.  In addition, a faculty member with accrued paid time off benefits may use those benefits in accordance with Bethel’s paid time off policies, as amended from time to time, and Bethel’s FMLA and MPLA policies if applicable to the faculty member.

By way of example only, the following chart sets forth some examples of how a faculty member may or may not be eligible for paid leave under this policy. These examples are illustrative only and each faculty member’s potential entitlement to leave under this policy will be determined based on their individual circumstances and the application of this policy to those circumstances.

Unpaid Parental Leave

According to Minnesota Statute 181.941, all employees who are natural parents, adoptive parents in connection with the birth or adoption of a child, or a female employee for prenatal care, or incapacity due to pregnancy, childbirth, or related health conditions are eligible for an unpaid leave of absence of up to twelve (12) weeks. The leave must begin within twelve (12) months of the birth or adoptions; however, in cases where the child must remain in the hospital longer than the mother, the leave may begin within twelve (12) months after the child leaves the hospital. Where appropriate, the parental leave will be reduced by any paid leave, vacation, or Family and Medical Leave.

School Activities Leave

In accordance with Minnesota law, employees may receive unpaid leave to attend school conferences or classroom activities of the employee's child when such activities cannot be scheduled during nonworking hours. At Bethel, employees must use earned paid leave for this purpose before taking it as unpaid time. The maximum amount of school conference and activities leave that any employee may take is 16 hours during any 12 month period.

Procedures

1. The employee must provide their supervisor within a reasonable prior notice and make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the department.
2. Non-exempt and exempt employees must record the time on their timesheet/leave report.

Voting

Employees are encouraged to vote. You will be allowed a reasonable period of time to vote in the morning in case you are unable to vote before or after working hours.

Procedures

1. Employee should notify supervisor if you anticipate taking time off to vote.
2. Non-exempt and exempt employees do not need to record the allowed reasonable period of time on their timesheet/leave report.

Departmental Leave of Absence

In circumstances where a formal leave of absence is not appropriate and at the discretion of the appropriate department chair, Associate Provost, and the Provost, faculty may be granted a Departmental Leave of Absence without pay for up to 30 calendar days. This leave is not intended to be used across academic terms. If the absence is expected to exceed 30 calendar days, a formal leave of absence without pay must be requested. Other benefits will remain in effect except when the Departmental Leave results in a formal leave of absence. Faculty members are not allowed to use the Departmental Leave of Absence following a FMLA Leave unless the faculty member has returned to work for one day prior to commencement of the Departmental Leave of Absence. If a Departmental Leave is followed immediately by a Formal Leave of Absence, the Formal Leave of Absence becomes effective retroactive to the date of the Departmental Leave of Absence. Faculty members may have only one such leave in any contract year. Faculty members should contact their Department Chair to request a Departmental Leave of Absence. The Department Chair will review the request and consult with the appropriate Vice President and Dean to determine the feasibility of the requested Departmental Leave. If the leave is approved, the administrator will notify the Office of People and Culture. 

Family and Medical Leave

In accordance with the Family and Medical Leave Act of 1993, Bethel will allow up to 12 weeks of unpaid leave during a 12-month period for the following reasons:

• To care for the employee's child following birth, or placement for adoption or foster care
• To care for the employee's spouse, child, or parent (not in-law) who has a serious health condition
• For a serious health condition that makes the employee unable to perform his or her job

Employees will be required to exhaust all accrued but unused applicable paid leaves before being placed on unpaid status. 

Eligibility

Employees who have been employed at Bethel for at least 12 months and have worked at least 1,250 hours over the previous 12 months are eligible for Family and Medical Leave.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) may provide additional protections for employees who miss work due to USERRA-covered military service in connection with FMLA leave.

Advance Notice and Medical Certification

When possible the employee must give 30 days notice. If circumstances prevent this, efforts will be made to arrange the leave. If medical leave is requested, Bethel may require one or more of the following: certification of a serious health condition to support the request for leave; second or third opinions from a qualified health care provider at Bethel's expense; and/or a fitness for duty certification in order to return to work.  

Job Benefits and Protection

For the duration of the leave, Bethel will maintain the employer's portion of the employee's health and dental coverage at the normal level of their full-time status; employees must continue payment of the employee portion of their health and dental premiums. Other benefits such as life insurance, accidental death and dismemberment insurance, etc. may be maintained at the employee's expense.

Upon return from leave, the majority of employees must be restored to their original or equivalent positions with equivalent pay and benefits. Benefits that were accrued prior to the start of the Family and Medical Leave will remain intact. 

Length of Leave and Conditions

The Family and Medical Leave policy entitles an eligible employee to a total of 12 work weeks of leave during any 12 month period. For purposes of calculating the 12-month period, Bethel University will use a rolling 12 month period, calculated from the date the leave begins and retroactive to that date. Under no circumstances will an employee be allowed to "stack" leave by taking two 12 week leaves back-to-back.

Leave may be taken to care for the employee's child following birth or placement for adoption or foster care. Leave must be taken within 12 months of the birth or placement. A total of 12 weeks can be taken using paid and unpaid time. For employees married to each other and working at Bethel, a combined 12 weeks is allowed for birth or placement.

Leave may be taken due to a serious health condition of the employee or the spouse or child of the employee if the condition requires inpatient care or continuing treatment by a qualified health care provider. For employees married to each other and working at Bethel, a separate 12 weeks is allowed for each to care for the ill employee, spouse or child.

Leave may be taken to care for an ill parent. For employees married to each other and working at Bethel, a combined 12 weeks is allowed for care of a sick parent.

The Family and Medical Leave can be used on an intermittent basis if the need arises. If the need for intermittent leave is foreseeable based on planned treatment, the employee is responsible for scheduling the treatment in a manner that does not unduly disrupt the work environment, subject to the approval of the health care provider. The employee must also make reasonable efforts to appropriately schedule the timing of the leave. If intermittent leave is used, the employee may be temporarily transferred to an alternate position, with no loss in pay or benefits, if it will more easily accommodate the need for the leave.

Criteria of Need for Leave

Each employee requesting family/medical leave on account of a medical condition of the employee, spouse, child, or parent must provide certification from a health care provider which sets forth:

1. The date the serious health condition commenced and the health care provider's best judgment concerning the probable duration of the condition;
2. The diagnosis of the serious health condition;
3. A brief statement of the regimen of treatment prescribed for the condition by the health care provider (including estimated number of visits, nature, frequency and duration of treatment, and treatment by another provider of health services on referral by or order of the health care provider);
4. Indication of whether inpatient hospitalization is required;
5. That the employee is unable to perform his/her job because of the health condition, or the employee is needed to care for the spouse, child, or parent; and
6. If intermittent or reduced leave schedule is requested, the dates of expected medical treatment and duration of such treatment.

Forms for medical certifications are available in the Office of People and Culture. This form must be provided within 15 days after the request for leave is made. Employees who do not provide this information in a timely manner may be denied leave.

Other Conditions

If the employee fails to return to work for reasons other than (1) the continuation, recurrence, or onset of a serious health condition that entitles the employee to leave (for a serious medical condition of the employee or a covered relative); or (2) other circumstances beyond the control of the employee, then Bethel may seek repayment for health and dental insurance premiums paid while that employee was on leave.

If the employee takes leave on account of his/her serious medical condition, the employee will be required to present a medical certification of his/her fitness for duty before being permitted to return. If an employee fails to provide that certification within 15 days after the conclusion of the leave, the employee may be terminated.

Any employee who provides false or misrepresented information or omits material information in order to obtain family medical leave benefits shall be disciplined which may include termination.

Bethel will work with the employee to assist in the process of providing leaves under the privileges and provisions of the Family and Medical Leave Act. If you have questions, please contact the Office of People and Culture

Leave to Care for Members of the Armed Forces

Pursuant to the 2008 and 2013 amendments to the Family and Medical Leave Act of 1993, an employee who is a spouse, son, daughter, parent or next of kin of a member of the Armed Forces, including a member of the National Guard or Reserves who is undergoing medical treatment, recuperation, or therapy, or is otherwise in outpatient status, or is otherwise on the temporary disability retired list of the military, for a serious injury or illness may take up to 26 weeks of leave to care for that member of the Armed Forces.

An employee, who is a covered veteran, may also be entitled to FMLA leave if he or she is undergoing medical treatment, recuperation or therapy for a serious injury or illness. A covered veteran is an individual who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran.

In addition, an employee may take Family and Medical Leave to assist with any qualifying exigency (as may be defined by applicable federal regulations) arising out of the fact that the spouse, son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.

Employees who request qualifying exigency leave to spend time with a military member on Rest and Recuperation leave may take up to 15 days of leave.

If you have questions, please contact the Office of People and Culture.

Procedures

1. The employee should discuss the nature of the leave with their HR Partner and if appropriate, will complete the FMLA form.
2. If appropriate, the employee needs to obtain the approval signatures.
3. Submit the request to the Office of People and Culture in advance of the leave.
4. The employee works with the Office of People and Culture for submission of medical documentation, if appropriate, and completion of timesheets/leave reports while on FMLA.