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Family And Medical Leave (FMLA)

Overview

Outline details about the Family Medical Leave Act (FMLA) and how Central College handles requests for leave to comply with federal regulations.

Definitions

Family Medical Leave Act (FMLA): regulation that entitles eligible employees to take unpaid, job-protected leave for specific family and medical reasons with continuation of employment benefits.

Family Medical Leave (FML): leave made available through the regulations of FMLA

Serious medical condition: an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of their job, or prevents the qualified family member from participating in school or other daily activities

 Responsibilities

Employee: to notify Central College when they have questions or need leave that may qualify under FMLA. The employee is responsible for providing proper documentation and notice to the employer as requested through the process.

Supervisor: communicate with employees regarding needs for leave and refer to TEEO for specific questions as needs for leave arise with members of their staff.

Talent, Equity and Engagement Office: serves as a resource on the consistent application of policy and procedure for employees and supervisors. Designates leave as FMLA or non-FMLA in compliance with regulations. Ensures compliance with FMLA regulations.

Policy Details

FMLA provides job-protected, unpaid leave (up to 12 weeks) for employees who qualify while they are away from work. Other leaves often run concurrently with FML as appropriate and as allowed under the law. In the event of any conflict between this policy and the applicable law, employees will be afforded all rights required by law.

  1. It is the policy of the college to grant up to 12 weeks or 480 hours (or up to 26 weeks of military caregiver leave to care for a covered service member with a serious injury or illness) of FML during any 12 months to eligible employees, per the FMLA.
    1. The college will measure the 12 months as a rolling 12-month period measured backward from the date an employee uses any leave under this policy. Each time an employee takes leave, the college will compute the amount of leave the employee has taken under this policy during the previous 12 months and subtract it from the 12 weeks of available leave, and the balance remaining is the amount the employee is entitled to take at that time.
    2. If spouses both work for the college, and each desires to take leave for childbirth or to care for the child after birth, adoption or foster care placement or to care for the child after placement, or to care for the employee’s parent (but not a parent-in-law), the spouses together are limited to only one 12-week period.
  1. Eligibility: To qualify to take FML under this policy, the employee must meet all of the following conditions:
    1. Actively employed.
    2. Worked for the college for at least twelve (12) months or 52 weeks, not necessarily consecutively. Separate periods of employment will be counted, provided that the break in service does not exceed seven years.
    3. Must have actively worked at least 1250 hours during the 12-month (52-week) period immediately before the date when the leave is requested to begin.
    4. Work at a worksite where 50 or more employees are employed by the company within 75 miles of that office or worksite. The distance is to be calculated by using available transportation by the most direct route.
  1. Reasons for leave:
    1. Incapacity due to serious personal medical condition.
      1. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
      2. Employees with questions about what illnesses are covered under FMLA or under the sick leave policy are encouraged to consult with the Talent, Equity and Engagement Office.
      3. If an employee takes paid sick leave for a condition that progresses into a serious health condition and the employee requests unpaid leave as provided under this policy, the company may designate all or some portion of related leave taken as leave under this policy, to the extent that the earlier leave meets the necessary qualifications.
    2. Incapacity due to pregnancy, prenatal medical care, or childbirth.
    3. To care for the employee’s child after birth, or placement for adoption or foster care, within the first 12 months of the birth or placement.
    4. To care for a spouse, child, or parent who has a serious health condition.
  1. Employee Status & Benefits During Leave
    1. While on leave, employees are requested to report periodically to their supervisor regarding the status of their medical condition and their intent to return to work.
    2. While an employee is on leave, the college will continue the employee’s benefits during the leave period at the same level and under the same conditions as if the employee had continued to work.
      1. While on paid leave, the employee will continue to make payroll deductions for the employee’s share of benefit premiums.
      2. While on unpaid leave, the employee must continue to pay the employee portion of benefit premiums. The payment should be received in the Controller’s office by the 1st of each month. If the payment is more than 30 days late, the employee’s healthcare coverage may be dropped for the duration of the leave. The college will provide 15 days notification before the employee’s loss of coverage.
      3. If the employer elects to maintain such benefits during the leave when the employee has not paid the premiums, at the conclusion of leave the employer may recover the costs incurred for paying the employee’s share of any premiums, whether or not the employee returns to work.
  1. Employee Status After Leave
    1. An employee who takes leave under this policy will be able to return to the same position or a position with equivalent status, pay, benefits, and working conditions.
    2. The college may choose to exempt certain highly compensated employees from this requirement and not return them to the same or similar position.
  1. Use of Paid and Unpaid Leave
    1. The employee must use available sick/vacation/disability or other paid leave (short-term disability or other) concurrently with FML.
    2. If desired, the employee can keep 40 hours of vacation for future use.
    3. Any paid or unpaid leave provided under other college policies that also qualifies for leave under this policy will be designated as FML leave and will run concurrently.
    4. Leave under FML is unpaid time unless it is concurrent with another type of leave.
  1. Intermittent Leave or a Reduced Work Schedule
    1. The employee may take FMLA leave in 12 consecutive weeks, may use the leave intermittently (take time off periodically when needed), or under certain circumstances, may use the leave to reduce the workweek or workday, resulting in a reduced schedule. In all cases, the total leave time may not exceed a total of 12 work weeks over a 12 month period (or 26 work weeks to care for an injured or ill service member over a 12 month period).
    2. The college may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule.
    3. If the employee is taking intermittent leave for a serious health condition or because of the serious health condition of a family member, the employee should try to reach an agreement with the college before taking intermittent leave or working a reduced hour schedule. If this is not possible, then the employee must prove that the use of the leave is medically necessary. The college may require certification of the medical necessity by a health care provider.
    4. For the birth, adoption, or foster care of a child, the college and the employee must mutually agree to the schedule before the employee may take the leave intermittently or work a reduced-hour schedule. Leave for birth, adoption or foster care of a child must be taken within one year of the birth or placement of the child.
  1. Procedure for Requesting Leave
    1. All employees requesting leave under this policy must provide verbal or written notice of the need for the leave to the Talent, Equity and Engagement Office, who will notify the appropriate individuals.
    2. When an employee plans to take leave under this policy, the employee must give the college 30 days’ notice for foreseeable leave. If the employee fails to provide 30 days’ notice for foreseeable leave with no reasonable excuse for the delay, the leave request may be denied until at least 30 days from the date the college receives notice.
    3. If the leave is not foreseeable, the employee must give as much notice as practicable and generally must comply with an employer’s normal call-in procedures. An employee who is to undergo planned medical treatment is required to make a reasonable effort to schedule the treatment to minimize disruptions to college operations.
    4. Employees must provide sufficient information for the employer to determine if the leave qualifies for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include medical certification regarding the employee’s condition or the condition of the family member requiring the care.  Employees also must inform the employer if the requested leave is for a reason for which FML was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave at the employer’s request.
  1. Certification of the Serious Health Condition
    1. The college will ask for medical certification of the serious health condition or of the need for military FML. The college uses the DOL’s certification forms. The employee is required to return the certification to the college within 15 days of the request or provide a reasonable explanation for a delay. Failure to provide certification may result in denial of the leave.
    2. If the employee plans to take intermittent leave or work a reduced schedule, the certification must also include dates and the duration of treatment as well as a statement of medical necessity for taking intermittent leave or working a reduced schedule.
    3. The college has the right to ask for a second opinion. The college will pay for the employee to get a certification from a second healthcare provider, which the college will select. If necessary to resolve a conflict between the original certification and the second opinion, the college may require the opinion of a third healthcare provider. The college and the employee will mutually select the third healthcare provider, and the college will pay for the third opinion. This third opinion will be considered final. The employee will be provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion.
    4. The college may request recertification for the serious health condition of the employee or the employee’s family member no more frequently than every 30 days and only when circumstances have changed, or if the employer receives information casting doubt on the reason given for the absence, or if the employee seeks an extension of leave. Otherwise, the college may request recertification for the serious health condition of the employee or the employee’s family member every six months in connection with an FMLA absence. The college may provide the employee’s healthcare provider with the employee’s attendance records and ask whether the need for leave is consistent with the employee’s serious health condition.
  1. Designation of Leave
    1. Within five business days after the employee has submitted the appropriate certification form, the Talent, Equity and Engagement Office will complete and provide the employee with a written response to the employee’s request for FML using the DOL Designation Notice.
    2. After the leave is designated and the employee is notified, their supervisor will be notified of the approved leave and details as appropriate for scheduling and staffing purposes.
  1. Return to Work
    1. If the leave was due to the employee’s serious health condition, the college may require a “fitness for duty” certification from the employee’s health care provider, verifying the ability to return to work, with or without restrictions.
    2. The college may require an employee on FML to report periodically on the employee’s status and intent to return to work.  The employee should notify his or her supervisor of intent to return to work or of any medically necessary changes in the date of return two (2) weeks prior to the anticipated date of return.
    3. If the employee returns to work on or before the expiration of available FML, the employee will be returned to his/her former position or an equivalent job.
    4. If the employee does not return before the expiration of FML, there is no guarantee of reinstatement. If the employee is medically released to return to work and fails to either report to work or call in with a satisfactory explanation, the college will treat this as a voluntary resignation.
  1. Retaliation & Other Prohibited Acts
    1. Any retaliatory conduct toward an employee who requests and/or is taking leave under this policy is prohibited. Any retaliatory conduct toward an employee is a violation of this policy and individual(s) who engage in such behavior may be subject to sanctions and/or discipline, up to, and including termination from employment.
    2. The FMLA makes it unlawful for any employer to:
      1. interfere with, restrain, or deny the exercise of rights provided under FMLA.
      2. discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

Last Revision Date: 9/10/2024

Policy Owner: Talent, Equity, and Engagement Office