Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) requires the College to provide up to 12 weeks of unpaid, job-protected leave to “eligible” employees for certain family and medical reasons in a 12-month period (the 12-month period measured forward from the date an employee’s first FMLA leave begins). Each time an employee utilizes more than three (3) consecutive sick days, the employee’s Family and Medical Leave Act (FLMA) benefits will begin and the total amount of the employee’s FMLA benefits will be reduced by the amount of sick leave utilized. When an employee utilizes FMLA leave, the remaining leave entitlement will be the balance of the twelve weeks that has not been used during the immediately preceding twelve-month period. Employees wishing to request a Leave of Absence under FMLA should submit such a request in writing to the Human Resources Office.

The College will grant an employee a total of 12 weeks of unpaid leave if that employee has been employed for at least 12 months and has worked as least 1,250 hours during the 12 months before the leave is to begin. A leave will be granted for one or more of the following reasons:

• To care for the employee’s child after birth, or placement for adoption or foster care. This leave is required to be taken all at one time (refer to the Maternity Leave section for additional information).
• To care for the employee’s spouse, son or daughter, or parent who has a serious health condition. This leave may be taken intermittently or on a reduced time basis (e.g., by working fewer days in a week or by working fewer hours in a day), but only if such a schedule is needed for medical reasons.
• For a serious health condition, where the employee is unable to perform his or her job. As with a family member’s illness, this leave can be taken intermittently or on a reduced time basis if medically necessary.

The definition of a serious health condition includes, but is not limited to: (a) inpatient care in a hospital, hospice, or residential medical care facility, or (b) continuing treatment by a health care provider. The term is not intended to apply to short-term conditions.

The College may require certification from a health care provider. For a family member’s condition, a statement from the health care provider saying that the employee is needed to care for the family member and an estimate of the time needed may be required. For the employee’s condition, a statement from the health care provider indicating that the employee is unable to perform the essential functions of his or her job and an estimate of the time needed may be required. If required, certification must be received within 15 days of notifying the College of the need for FMLA leave.

In addition, the College may, at its own expense, require a second opinion from a different health care provider chosen by the College. If there is a conflict of opinion, the College may (again at its own expense) require a third opinion from a provider jointly designated by the College and the employee.

The College may further require that the eligible employee obtain subsequent recertification by providing periodic status reports about the employee’s condition and/or spouse, child, or parent and intent to return to work.

When an employee takes leave for the foreseeable birth, placement, or adoption of a child, the employee must give three months advance written notice of intent to leave, otherwise “practicable” notice is required. Similarly, an employee who can foresee the need to take leave either for his or her own medical treatment or to take a spouse, child, or parent for treatment, is required to “make a reasonable effort to schedule the treatment so as not to disrupt unduly” the department’s operation.

While on leave under the FMLA the employee will continue to receive applicable medical benefit plan benefits. Thus, the employee would be required to pay the applicable employee premium. If, however, the employee fails to return to work at the expiration of the leave, the College may recapture the amount it contributed to the employee’s medical benefit plan during the leave, unless the failure to return to work is due to a serious health condition or due to circumstances beyond the employee’s control. Sick leave and vacation benefits will not continue to accrue during any period of the leave.

Employees on leave under FMLA will be required to exhaust all accrued sick, vacation, and compensatory time. Any additional weeks of leave necessary to attain the twelve (12) work weeks of leave required by the Act would then be provided without compensation or under the Short-Term Disability policy (refer to “Short-Term Disability Leave” policy section). In addition, each time an employee utilizes short-term disability leave, the total amount of the employee’s FMLA benefits will be reduced by the amount of short-term disability leave utilized.

Employees returning from FMLA leave will be reinstated to their previous or an “equivalent position” without loss of any benefits that accrued prior to the leave.

August 25, 2008
Revised March 13, 2007
Revised January 20, 2006
Revised February 21, 2005
Vice President for Finance and Business Affairs.

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