Family and Medical Leave Act (FMLA) Procedure (63.08.15)
College Policy Number/Title: Compliance The college will comply with all requirements and regulations of the Family and Medical Leave Act (FMLA) of 1993, which provides job protection for specified periods of time with paid or unpaid leave for eligible employees under specified conditions. Eligibility Employees who have worked at Howard Community College for 12 months and for at least 1,250 hours in the most recent 12-month period are eligible for FMLA leave. FMLA Leave An eligible employee is entitled to up to 12 weeks per year of paid (if any) and/or unpaid FMLA leave for the birth of a child, and to care for such child; for the placement of a child for adoption or foster care; to care for the employee's seriously ill spouse, domestic partner, same sex domestic partner, child, or parent; or because of a serious health condition that makes the employee unable to perform the essential functions of his or her job. An eligible employee may be eligible for up to 26 weeks of FMLA leave for qualifying reasons. See Military Family Leave below for more information. Military Family Leave Eligible employees are entitled to up to 12 weeks of leave because of “any qualifying exigency” arising out of the fact that the spouse, domestic partner, same sex domestic partner, son, daughter, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation. A “qualifying exigency” is defined as short-notice deployment, military events and related activities, child care and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and additional activities where the employer and employee agree to the leave.Notice of Need for Leave An eligible employee who is the spouse, domestic partner, same sex domestic partner, son, daughter, parent, or next of kin of a covered servicemember who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to 26 weeks of leave in a single 12-month period to care for the servicemember. Next of kin is defined as the nearest blood relative, other than the covered servicemember’s spouse, domestic partner, same sex domestic partner, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as her or his nearest blood relative for purposes of military caregiver leave under the FMLA. Employees are required to give 30 days notice if possible, and if that is not possible, employees are asked to give the college as much notice as practicable. Failure to provide advance notice may result in a delay in the beginning of the leave. Determination of FMLA Leave As provided by law, it is the college's responsibility, through the office of human resources, to determine whether a specific leave request is FMLA leave, based on information provided by the employee. The law provides that leave of more than three days for a serious health condition falls under the FMLA. The college will provide employees with notification if the leave is deemed to be FMLA leave within five business days of the request for leave. Supervisory Responsibility It is the responsibility of supervisors to notify the office of human resources of all leaves that may fall under the FMLA. The office of human resources will make the determination concerning whether or not a leave is covered under the FMLA upon receipt of medical certification. Length of Leave FMLA leave may be taken for up to 12 weeks in a year. A year is defined as a 12-month period measured forward from the date any employee's first FMLA leave begins. The 12 weeks include both paid (if any) and unpaid leave. An eligible employee is entitled to up to 26 weeks of FMLA leave for a recovering or injured servicemember as defined under Military Family Leave. Form of Leave The leave may be taken on a full-time basis for a period of up to 12 weeks, or on a reduced leave/intermittent basis, if medically required. Reduced or intermittent leave means any arrangement other than full-time leave for full days and/or weeks, and may be taken in increments as small as one hour. Such reduced or intermittent leave may be available for the birth, adoption, or foster care placement of a child if the department head, area vice president, and the employee agree to this arrangement. Medical Certification Medical certification is required for all FMLA leave with the exception of leave for the birth or adoption of a child, and the college may require second and third opinions at the college's expense and may also require periodic medical statements verifying the continued need for leave. Job Restoration Employees who take 12 weeks or less of leave under the FMLA will be restored to the same or an equivalent job at the end of the leave. Employees who take intermittent or reduced leave may be transferred to a different job for the duration of the medical leave, so that the college can more reasonably accommodate the intermittent leave. Employees must provide medical certification that they are able to return to work prior to resuming work. Please see "Sick and Disability Leave or Absence" procedure 63.08.14 for leave beyond FMLA leave. Continuation of Health Plan Coverage If the employee is covered by the college's health plan, the same plan may be maintained while on FMLA leave and the college will continue to cover the usual employer contribution. Employees will continue to pay the usual employee contributions due at the same time as payroll deductions. Continuation and Restoration of Other Benefits Any other benefits the employee has will be continued if paid leave is used. If the FMLA leave is unpaid leave, other benefits will continue if the leave is one month or less. Unpaid leaves of more than one month duration do not include any other paid benefits beyond health insurance (see "Leave Without Pay" procedure 63.08.08). Benefits will be restored when the employee returns to work after 12 weeks or less of FMLA leave. Paid Leave Availability FMLA leave may be either paid, unpaid, or a combination of paid and unpaid leave. Whenever an employee requests leave for an FMLA covered event, the employee will be required to exhaust all accrued sick leave, personal leave, and annual leave for which they are eligible under college policy and procedures prior to being placed in unpaid leave status. Whether the leave is paid or unpaid, it will be counted toward the employee's 12-week entitlement in any given year. An automatic leave sequence, described below, will go into effect. Leave Beyond 12 Week Entitlement Employees may have accrued paid leave balances available amounting to more than the 12 weeks mandated by the FMLA. It is the college's intention to honor such leave within budgeting and scheduling constraints. However, the college is not mandated to guarantee job restoration and this may not be possible (see “Sick and Disability Leave or Absence” procedure 63.08.14). Similarly, employees may be eligible for short-term disability (STD) or long-term disability (LTD) leave and/or STD or LTD insurance coverage for periods longer than 12 weeks; in such cases, it may not be possible to guarantee job restoration after leaves of greater than 12 weeks. Requests for leaves of longer than 12 weeks will be considered on a case-by-case basis. Difference Between FMLA and Other Leave Twelve weeks of paid or unpaid FMLA leave per year is an entitlement provided by law to employees who meet eligibility and other requirements of the law. Other leave types are benefits provided by the college upon appropriate approval. Limitations on leave beyond the FMLA entitlement are governed by the college's policies and procedures, the college's budget limitations and the college's obligation to function as a public institution. There may be limitations on the length of disability leave; see "Sick and Disability Leave or Absence" procedure 63.08.14". Accrual of Leave and Automatic Leave Sequence
For further information on the FMLA, please contact the office of human resources. Effective Date: 9/11/09 |