558.2 - Family and Medical Leave

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

To qualify to take FMLA leave under this policy, employees must meet all of the following conditions:

  1. The employee must have worked for the College for at least 12 months or 52 weeks. The 12 months or 52 weeks need not have been consecutive.
  2. The employee must have worked at least 1,250 hours during the 12-month period immediately preceding the leave. 

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

  • The birth of child and to care for a newborn child within one year of birth
  • The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement
  • 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-558.2.02 Use of Paid and Unpaid Leave

An employee who is taking FMLA leave must "substitute" (run concurrently) all accrued paid sick time, personal time, and vacation time prior to being eligible for unpaid leave. 

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. Employees generally must request leave 30 days in advance when the need for leave is foreseeable. 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 Continuation of Benefits while on Family or Medical Leave

For any employee granted Leave under this policy:

  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.
Pr-558.2.08 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-558.2.9 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-558.2.10 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-558.2.11 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.
S-582.2.01 Click here to view the complete general notice/FMLA Poster from the U.S. Department of Labor.

Content Owner: Human Resources
Revised: 02/2018, 10/2009, 05/2013, 01/2020

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