558.2 |
Family and Medical Leave |
| P- 558.2 |
The College complies with the provisions
of the Family and Medical Leave Act (FMLA). Information
regarding FMLA rights and requirements may be obtained
from the Human Resources Department. The College reserves
all rights available to employers under the Family and
Medical Leave Act. |
| Pr- 558.2.01
|
Eligibility The College
allows employees to exhaust any applicable sick and
personal time before counting leave time towards available
FMLA time; once sick and personal time are exhausted,
employees may use any or all accrued vacation time before
FMLA leave begins. 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.
|
| Pr- 558.2.03 |
Counting of Leave Taken Under FMLA
The College will determine the amount of
leave available under this policy for an eligible employee
by using a "rolling" 12 month period. |
| Pr- 558.2.04 |
Notice Requirements of Employees
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. |
| Pr- 558.2.05 |
Medical Certification 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. |
| Pr - 558.2.06 |
Active Duty/Call to Duty Certification
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. |
| Pr - 558.2.07 |
Pay While on Family or Medical Leave
The Leave is unpaid since an employee uses
all accrued sick and personal time before taking this
Leave. The employee may use any or all accrued vacation
time before utilizing the FMLA leave benefit. |
| Pr- 558.2.08 |
Continuation of Benefits while on
Family or Medical Leave For any employee
granted Leave under this policy:
- The college will continue to pay the Employer
portion of the group health, dental, and life insurance
premiums.
- The employee must continue to pay the Employee's
portion of insurance premiums.
- For employees who contribute to a Flexible Spending
Account, these deductions will be caught up when
the employee returns to a paid status.
- If the employee does not return to work when FMLA
leave is exhausted, the opportunity to purchase
continuing coverage under COBRA regulation will
apply.
|
| Pr - 558.2.09 |
Impact on Future Retirement Benefits
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/. |
| Pr- 558.2.10 |
Fitness-for-Duty Requirements
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. |
| Pr - 558.2.11 |
Return from Family and Medical Leave
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. |
| Pr-558.2.12 |
Option for Employees Ineligible for
FMLA Leave 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. |
| D- 558.2.01 |
Child- For purposes of this policy, a child
is defined as a natural, adopted, foster child, stepchild,
or legal ward. If the child is over age 18, the child
must be unable to care for himself/herself due to a serious
illness. |
| D - 558.2.02 |
Parent- A parent is defined as the employee's
natural, adoptive, or stepparent or the individual who
stood in loco parentis to an employee when that employee
was a child. |
| D - 558.2.03 |
Serious Health Condition- Generally, a serious
health condition is defined as a physical or mental illness,
injury, impairment, or condition involving 1) inpatient
care in a hospital, nursing home, or hospice; or 2) continuing
treatment by a health care provider. A serious health
condition involving continuing treatment by a health care
provider includes three or more consecutive calendar days
of incapacity relating to the same condition that also
involves treatment two or more times directed by a health
care provider or treatment one or more times with a resulting
regimen of continuing treatment. Included also in the
definition is any condition or medical situation not specifically
listed here but contained within the FMLA regulations. |
| D - 558.2.04
|
Rolling 12-month period-A "Rolling" 12 month
period measures backward from the date an employee's leave
commences to the 12 months preceding this date. |
| D - 558.2.06 |
Next of Kin- is the nearest blood relative
of the service member. |