558.2 Family and Medical Leave

To qualify for FMLA leave, employees will have completed at least 12 months of service and will have worked an average of 24 hours per week over the preceding 12 months (1,250 hours).

FMLA leave for the following reasons will be granted up to a maximum of 12 weeks in any 12 month period:

• The birth of your child, adoption of a child, placement of a child into your foster care
• A serious health condition of the employee
• A serious health condition of an employee's spouse, child, or parent
• A qualifying emergency arising out of the fact that the spouse, child, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces.

FMLA leave for the following reasons will be granted up to a maximum of 26 weeks in any single 12 month period (subject to medical certification):

• To care for one's own spouse, child, parent, or next of kin who is a covered member of the Armed Forces, National Guard, or Reserves.

At SCC, employees exhaust any applicable accrued sick, personal, and vacation time before counting leave time towards available FMLA time.

The College will determine the amount of leave available under this policy for an eligible employee by using a "rolling" 12 month period.

Employees must provide to their Supervisor and to Human Resources as much notice as practicable based on the circumstances requiring the leave. The Supervisor must consult Human Resources as soon as there is knowledge an employee needs to be off work in an unpaid status.

Medical certification by an applicable health care provider is required for all leaves with the exception of leave for childbirth. The Department of Labor's "Certification of Health Care Provider" form is available for review on the college Intranet and in the Human Resources Department. A copy is provided to any employee as needed.

An employee must provide certification as soon as reasonably possible and no later than 15 days after the College notifies the employee that the leave may qualify as FMLA. If an employee fails to provide such timely certification, the leave request may be denied until a reasonable period after the required certification is provided. Failure to provide a medical certification within reasonable time may result in denial of the FMLA leave.

For leave of absence due to Armed Forces active duty or call to duty, the employee must provide the available Armed Forces documentation as soon as possible.

The Leave is unpaid since an employee uses all applicable accrued sick, personal, and vacation time before taking this Leave.

For any employee granted Leave under this policy:

1.  
   1. The college will continue to pay the Employer portion of the group health, dental, and life insurance premiums.
   2. The employee must continue to pay the Employee's portion of insurance premiums.
   3. For employees who contribute to a Flexible Spending Account, these deductions will be caught up when the employee returns to a paid status.
   4. If the employee does not return to work when FMLA leave is exhausted, the opportunity to purchase continuing coverage under COBRA regulation will apply.

For information on potential impact of Family and Medical Leave on retirement benefits, the employee should refer to the PSRS-PEERS website at http://www.psrs-peers.org/.

Employees who take leave under this policy due to their own serious health condition must provide to the Human Resources Department, in advance of returning to work, a "return-to-work" slip from their health care provider stating that they are able to resume the essential functions of their jobs. Employee may not return to work without the appropriate doctor's note.

Employees are expected to return to work the first workday following the last day of the family or medical leave. In cases where the employee is able to return sooner or the employee needs an extension of leave time, employees are asked to provide 2 days notice of such whenever possible. Upon return from a family or medical leave, an employee will be restored to the same or an equivalent position. An employee's failure to return from leave on the designated date will be handled in accordance with the Attendance Policy.

Employees who do not qualify for leave under FMLA or who have exhausted family and medical leave may consult the Personal Leave policy to determine their eligibility to apply for a Personal Leave.