Area: Area: Policy Name: Policy Statement: Instruction Family and Medical Leave of Absence Salina Area Technical College ( SATC ) is a covered employer under the Family Medical Leave Act of 1993 (FMLA) and its Amendments. The leave entitlements described in this policy do not carryover from one fiscal year to the next. Employees of SATC are eligible if they have worked for the College at least 12 months (which need not be consecutive) and have at least 1,250 hours* of service for the College during the 12-month period immediately preceding the employee s request for leave or the date on which the leave commences, whichever comes first. *Service hours do not include vacation or sick time, only actual worked hours. Leave Entitlement Eligible employees upon request may be able to take up to 12 work weeks of unpaid leave during a rolling 12-month period measured backward from the date of any FMLA leave usage for the following reasons: The birth of a child or to care for a child within the first 12 months after birth; The placement of a child with the employee for adoption or foster care and to bond with and care for the child (within the first 12 months after placement); To care for the employee s spouse, child, or parent who has a serious health condition; For a serious health condition that makes the employee unable to perform the essential functions of his/her position; or For any qualifying exigency arising out of the fact that a spouse, parent, or child is a military member on covered active duty or call to covered active duty status. Airline Flight Crew Technical Corrections Act (see 77 FR 89626) Military Caregiver Leave If eligible, an employee may be able to take up to a total of 26 workweeks of unpaid leave during a single 12-month period. An employee who is the spouse, parent, child, or next of kin of a covered service member. A covered service member is either:
A current member of the Armed forces (including National Guard or Reserves) who is undergoing medical treatment, recuperation, therapy, is in outpatient status, is on the temporary disability retired list, for a serious injury or illness, or A veteran of the Armed forces (including National Guard or Reserves) who was discharged within five (5) years before the family member first takes leave to care for the veteran who is undergoing medical treatment, recuperation, or therapy for a qualifying serious injury or illness. A veteran who was dishonorably discharged does not meet the FMLA definition of a covered service member. For a current service member, a serious injury or illness is one that may render the service member medically unfit to perform his or her military duties. For a veteran, a serious injury or illness is one that rendered the veteran medically unfit to perform his or her military duties or an injury or illness that qualifies the veteran for certain benefits from the Department of Veterans Affairs or substantially impairs the veteran s ability to work. For veterans, it includes injuries or illnesses that were incurred or aggravated during military service but that did not manifest until after the veteran left active duty. Note: Employees may not perform work of any nature on a selfemployed basis or for others during a leave provided in this policy unless approved by the President. Intermittent Leave or Reduced-Schedule When medically necessary, employees may take the leave provided in this policy intermittently or on a reduced schedule basis for their own serious health condition, the serious health condition of a family member, or for military caregiver leave. Employees are required to cooperate with SATC to arrange reduced work schedules or intermittent leave so as to minimize disruption of its academic functions. Leave because of the birth or adoption of a child may not be taken intermittently and must be completed within the 12-month period beginning on the date of birth or placement of the child. Married Couples Who Work for SATC If an employee and his/her spouse both work for SATC, they are both eligible for the leave under this policy as hereinafter described. The employee and employee spouse may be limited to a combined total of 12 weeks of leave during a rolling 12-month period measured from the date of any FMLA leave usage if the leave is taken for: The birth and care of a newborn child For placement of a child for adoption or foster care or to care for
Procedures: the child after placement; To care for a parent (but not a parent in-law ) with a serious health condition; The combined 12 workweeks of FMLA leave limitation for married couples for the above-mentioned reasons does not apply to leave taken for the following reasons: To care for the employee s spouse or child who has a serious health condition; For an employee s own serious health condition For military caregiver leave, the employee and employee spouse may be limited to a combined total of 26 weeks of leave during a rolling 12- month period measured backward from the date of any FMLA leave usage, including the types of leave listed above in this paragraph. Notice of Leave Step 1 - Employee must: Fill out a FMLA Request From and submit to the Office of Provide notice of the need for leave at least 30 days in advance or as soon as practicable; Cooperate with all requests for information regarding whether absences qualify for the leave described in this policy. Attempt in good faith to schedule leave requests so as to minimize disruption to the academic environment at SATC. Failure to comply may result in leave being delayed or denied. Step 2 - The College will give notice of eligibility Step 3 - The College will provide employee with FMLA Rights & Responsibilities, as well as any request for Certifications. Medical and other Certifications Step 4 - Employees will be required to provide a medical certification if the leave request is: 1. for the employee s own serious health condition 2. for a family member s serious health condition 3. for a military caregiver leave of a current member or a veteran 4. for a qualifying exigency Failure to provide the requested certification within 15 calendar days may result in denial of the leave until it is provided. If an employee refuses to provide a certification, the leave is not FMLA leave. SATC, at its expense, may require a medical examination by a health care provider of its own choosing if it has a reasonable question regarding the medical certification provided by the employee. SATC may contact the health care provider directly to clarify or authenticate a medical
certification, including certifications for military caregiver leave. Separate certification may also be required regarding the nature of the family member s military service and/or the existence of a qualifying exigency. Incomplete or Insufficient Medical Certification If SATC finds any medical certification incomplete or insufficient, the employee will receive written notice stating what additional information is necessary to make the certification complete and sufficient. The employee will have 7 calendar days to correct any deficiency in the certification. Failure to provide a complete and sufficient certification may result in denial of the request for FMLA leave. If certification is not required the College will notify employee within 5 business days with a Designation Notice. Fitness for Duty Certifications Because SATC wishes to ensure the well-being of all employees, any employee returning from the leave provided in this policy for his/her own serious health condition may be required to provide a Fitness for Duty (FFD) certification and will be prohibited from returning to work until the certification is provided. Failure to provide either a FFD certification or a new certification at the time FMLA is concluded may result in termination. FFD certifications may be required when an employee returns from intermittent leave if serious concerns exist regarding the employee s ability to resume his/her duties safely. Maintenance of Benefits SATC will maintain group health insurance for the employee while on the leave provided in this policy, but the employee is responsible for their normal monthly contribution for health insurance as well as any voluntary benefit plans they may have. Employees will receive notice of the amount due and the expected date of payment. If payment is not received SATC will send written notice that payment has not been received and advising that coverage will be dropped on a specific date unless payment is received prior to that date. If the employee elects not to return to work at the end of the leave period, the employee may be required to reimburse SATC for the cost of group health insurance premiums paid for maintaining coverage during the leave period. Concurrent Leave Employees must use any accumulated and available leave benefits concurrent with the leave provided in this policy unless such leave is compensated, in whole or in part, under workers compensation and other
similar benefit laws and provisions, in which case the employee may use accumulated leave time only for the purpose of satisfying any waiting period, unless SATC and the Employee agree, in writing, to allow use of accumulated and available leave benefits to supplement the compensation up to the amount of the employee s regular rate of pay. Absences in excess of accumulated and available leave benefits will be treated as unpaid leave. Return from Leave Eligible employees returning from leave under this policy are entitled to reinstatement to their former position or a position comparable in status and pay, unless otherwise permitted under applicable law. Employees who do not return to work at the end of their leave under this policy will be terminated unless they are entitled to additional leave as a reasonable accommodation under the Americans with Disabilities Act and its Amendment. State and Local Laws When state and local laws offer more protection or benefits, the protection or benefits provided by those laws will apply. Contact: Note: Employees who are not eligible for the family and medical leaves of absence provided herein, may request an unpaid leave of absence from the President, but the granting of such leave of absence and the terms on which it is granted will be in the sole discretion of the President. Related Form(s): Adopted: July 1, 2009 Updated: March 24, 2014 April 17, 2017