Family and Medical Leave HR 300.10: Purpose To explain the circumstances under which and procedures whereby an employee may take leave under the provisions of the Family and Medical Leave Act (FMLA) of 1993. Applicability All full-time employees. Source Family and Medical Leave Act of 1993. Policy The Family and Medical Leave Act (FMLA) of 1993 provides for employees meeting certain criteria to take time off, without the loss of job or benefits, to care for family members or themselves during periods of medical urgency or the birth, adoption or placement of a child with the employee. Pursuant to FMLA, employees who have worked for the College for at least 12 months and at least 1,250 hours during the prior 12 months may take up to 12 weeks of unpaid leave per each rolling year 1 in the following situations: Birth and/or care of a newborn child of the employee; Placement of a child into the employee s family by adoption or by a foster care arrangement; Care of the employee s spouse, child (means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or 1 The rolling year will be computed as 12 months measured backward from the date leave is used. 1
older and incapable of self-care because of a mental or physical disability ), or parent who has a serious health condition (as defined by the FMLA); or Because of the employee s own serious health condition. Military Caregiver Leave, an eligible employee who is he spouse, son, daughter, parent, or next of kin of a "covered service member" is entitled to take up to 26 weeks of leave during a single 12-month period to care for the service member. A "covered service member" includes a current member of the Armed Forces, including the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is in an outpatient status, or on a temporary disability retired list, for a serious injury or illness incurred in the line of duty while on active duty. This leave expands the number of weeks of FMLA from 12 to 26 for qualifying families and also expands the protection to additional family members, i.e., next of kin. Exigency Leave, under this new provision, an eligible employee who is the spouse, son, daughter, or parent of a member of the National Guard and the Reserves is entitled to up to 12 weeks of FMLAprotected leave to use for "any qualifying exigency" arising out of the fact that a covered military member is on active duty or is called to active duty. The Department of Labor regulations list the following types of circumstances that will qualify as a "qualifying exigency:" short-notice deployment; (2) military events and related activities; (3) childcare and school activities; (4) financial and legal arrangements; (5) counseling; (6) rest and recuperation; (7) postdeployment activities; and (8) additional activities not encompassed in the other categories. Nature of FMLA Leave: FMLA leave is an unpaid leave. The College, however, requires employees to substitute all paid leave for unpaid FMLA leave. Both types of leave will be expended concurrently, and FMLA will run concurrently with short-term disability, long-term disability, and worker s compensation leave. Notification of Intent to Take FMLA Leave: 2
When the necessity of leave is foreseeable, the employee must provide the College with at least 30 days notice of the employee s intention to take leave. Employees must make a reasonable effort to schedule foreseeable treatment so as not to unduly disrupt the College s operations, subject to the approval of the employee s health care provider. When the need for leave is unforeseeable, the employee should give notice as soon as practical. Certification of Health Condition: A health care provider must certify a leave of more than 3 consecutive days for a serious health condition. Employees are required to verify a leave request based upon a serious health condition by providing an original certification of health care provider form, Form WH-380, to the Benefits officer in the Office of Human Resources. A completed certification form should be provided before leave begins or, if leave has already commenced, within 15 days. Any leave request based on a family member s or the employee s own serious health condition must be supported by certification, using Form WH-380. The College may require a second medical opinion. In cases of conflicting opinions, an agreed-upon health care provider will render a third opinion, which will be binding and final. Employees must provide subsequent recertification when the duration of the need for leave specified in the initial certification expires and every 30 days thereafter. If the circumstances described in previous certifications change significantly, the College may ask for recertification prior to every 30 days. Employees on leave also must furnish to the Office of Human Resources periodic reports on his/her status and intent to return to work. Benefits Coverage: During family and medical leave, an employee is eligible to continue his/her health insurance coverage benefits according to the same terms and conditions as a regular employee. The College will pay the 3
employer s portion of health insurance premiums for benefits coverage during family and medical leave whether the employee is in pay or nonpay status. During a family and medical leave without pay, an employee must arrange with the Office of Business and Finance to remit any copayments due for health insurance. If the employee s premium payment is more than 30 days late, the College may discontinue coverage during the leave period. The College reserves the right to recover the employer s portion of the premium payments made for the employee during the family and medical leave period if the employee does not return to work within 30 days after the expiration of the leave, unless the employee does not return due to the continuation or recurrence of the serious health condition or due to other circumstances beyond the employee s control. Reinstatement: A regular employee will be reinstated at the end of family and medical leave to the same or equivalent position, with equivalent benefits and pay, at the same work site, schedule, and shift, providing the following: 1. the employee complied with the provisions of the family leave policy; 2. the employee is able to return to work; and 3. the employee s original position was not abolished due to reorganization, budget considerations or lack of work. Regarding intermittent leave, the College reserves the right to transfer the employee to an alternative position that can better accommodate recurring periods of absence and that offers equivalent pay and benefits. Continuation of Leave After FMLA Expires: An employee who desires to extend leave after the 12-week family and medical leave period has expired may request an extended leave of absence. (See HR 300.9.) Retirement Contributions: 4
An employee will not have any retirement contributions paid by the College during leave without pay. Revision History Last revision completed on 1.1.2008. 5