Leave of Absence Policy

In accordance with UW System Operational Policies SYS 1213, SYS 1217 and SYS 1218, UW-Green Bay recognizes that there are circumstances when employees may need time away from work. This policy is designed to provide a process for when employees may request a leave of absence. A leave of absence (LOA) is defined as an extended absence from full or partial University responsibilities that is requested by an employee. The leave is considered to be of a temporary nature and for purposes indicated below.

There are three types of leave of absences; Medical, Non-Medical and Military.

Medical Leave of Absence

A medical leave of absence may be requested when the employee is not eligible for the Wisconsin/Family Medical Leave Act (W/FMLA). Under this policy, the employee may request up to three (3) months of leave provided the necessary documentation is completed. Extended leave may be provided as a reasonable accommodation under the Americans with Disabilities Act (ADA).

Eligibility for a Medical Leave of Absence

Leave within First Year of Employment

An employee who is in their first year of employment and has completed the initial probationary period, may request a medical leave of absence. Exceptions to this may be made by the Vice Chancellor or Chancellor. The employee may submit a request for their own serious medical condition or for an immediate family member with a serious medical condition, as defined under the FMLA. A leave request must be submitted for absences of five (5) or more consecutive days. Intermittent leave under a medical leave of absence is not permitted unless such leave has been approved as a reasonable accommodation. Requests for disability related accommodations should be made under the Americans with Disabilities Act (ADA).

Leave after First Year of Employment

An employee who does not meet the W/FMLA requirements or has exhausted leave available under the FMLA may request a medical leave of absence. The employee may submit a request for their own serious medical condition or for an immediate family member with a serious medical condition, as defined under the FMLA. A leave request must be submitted for absences of five (5) or more consecutive days. Intermittent leave under a medical leave of absence is not permitted unless such leave has been approved as a reasonable accommodation. Requests for disability related accommodations should be made under the Americans with Disabilities Act (ADA).

Requesting a Medical Leave of Absence

Employees must submit a leave of absence request in Workday. Whenever possible, the employee is expected to provide at least 30 days’ notice when requesting leave. When an employee becomes aware of a need for leave less than 30 days in advance, the employee must provide notice of the need for the leave as soon as reasonably practicable. Leave requests that are not submitted in accordance with this policy and as soon as practicable may be denied.

Certifications for Medical Leave of Absence

UW-Green Bay may require certification for the employee’s or family member’s serious health condition. All medical documentation must be submitted to and will be maintained by Human Resources in a confidential medical file. The employee must respond to the request for medical documentation within 15 calendar days. Failure to comply with these requirements may result in denial of leave, or reinstatement from leave, resulting in an unauthorized leave of absence which may be subject to employee discipline, up to and including termination of employment.

Incomplete Documentation

If an incomplete medical documentation is received, Human Resources will provide the employee with the opportunity to have the health care provider correct the documentation or provide a written release for Human Resources to contact the health care provider directly. The employee will have seven (7) calendar days to resolve any deficiencies in the medical documentation. If, after seven (7) calendar days the identified deficiencies have not been resolved, the request for leave may be denied. 

Requirements for Returning from a Medical Leave of Absence

Employees are expected to be able to return to work on the first workday following an approved leave. Prior to returning from a leave for a personal health condition, the employee must obtain a release from their healthcare provider confirming the fitness for duty and ability of the employee to perform regular duties or outline any restrictions. Medical restrictions are those that prevent the employee from performing their regular duties at the end of the approved leave due to a continuing medical condition. The Return to Work Certification must be submitted to Human Resources in advance or before the beginning of the employee’s shift on the expected date of return. A Return to Work Certification is not required for instances of maternity or paternity leave. If the employee is able to return to work with restrictions, Human Resources, in consultation with the employee’s department, will determine whether the restriction can be reasonably accommodated. If an employee on an approved leave for their own medical condition, is cleared by a medical provider to return to work before the return date listed on the leave request, the employee must notify Human Resources by providing a copy of such release within two (2) business days of receipt.

Unable to Return from Medical Leave of Absence

If the employee is not medically released to return to work at the end of their leave and the employee has not been granted a continuation of leave under the ADA, or for other reasons, employment ends as "unable to return from leave" effective the last day of the approved leave.

Failure to Return from Medical Leave of Absence

Any employee who fails to return to work as scheduled after leave may be subject to dismissal from employment. Employees who exceed granted leave without an approved extension(s) under appropriate leave provisions, may be subject to discipline, up to and including termination of employment. 

Non-Medical Leave of Absence

Non-medical leave of absences cannot be open ended, but must be for a specific period of time and are generally for one year or less in duration. A non-medical leave of absence may be requested when an employee’s request for leave is for non-medical purposes for the following reasons:

• Allowing the employee to engage in entrepreneurial activities such as forming companies or businesses related to or arising in connection with employee’s institutional research or area of academic specialization;
• Allowing the employee to perform services for another UW System institution or UW System Administration;
• Allowing the employee to engage in educational pursuits which would enhance an employee’s professional capabilities;
• Allowing the employee to deal with exceptional personal reasons, which are not related to educational pursuits or professional enhancement. A leave of this nature is for personal reasons and does not relate to the University or the position in any way, but may be deemed acceptable by the department;
• Allowing the employee to engage in public service as an elected or appointed official of local, state or federal government;
• Allowing the employee to serve as a fellow of a research entity affiliated or engaged in research with a UW System institution;
• Allowing the employee to engage in activities similar or related to those enumerated in this section.

Guidelines for Granting or Denying Non-Medical Leave of Absence Requests

While there may be a wide variety of reasons to grant or deny a non-medical leave of absence request, decisions may be based on but not limited to:

1. Operational needs of the department and whether or not the department can continue to effectively operate without the employee.
2. The availability of qualified replacements and whether or not the major areas of the employee’s workload will be able to be completed by a temporary employee.
3. Past performance and annual evaluations which indicate above average performance by the employee.
4. Potential future benefits to the employee, division, department or University.
5. Adequate advance notice.
6. The number of other employees within the same unit who have already been granted any type of leave of absence for the same or adjacent period. 

Pay Status While on a Non-Medical Leave of Absence

Non-medical leave of absences are considered to be unpaid leaves of absence in which no salary is received from UW-Green Bay. At the discretion of the area leader, employees may be allowed to substitute paid leave time (i.e. vacation, personal holiday, banked leave, etc.).

Requirements for Returning from a Non-Medical Leave of Absence

Employees are expected to return to work on the first work day following an approved leave. Any employee who fails to return to work as scheduled after a leave of absence may be subject to dismissal from employment. Employees who exceed granted leave without an approved extension(s) under appropriate leave provisions, may be subject to discipline, up to and including termination of employment.

Military Leave of Absence

The University of Wisconsin-Green Bay has adopted UWS 1218 as its institutional Policy for Military Leave.