06:10:13 Family, Medical and Service member Leave

Purpose

To establish provisions for family or medical leave in accordance with The Family, Medical Leave Act of 1993.

Policy

I. Introduction

In compliance with the Family Leave Act of 1993, as amended, it is the policy of Walters State Community College to provide eligible male and female employees up to a total of 12 workweeks of leave for family and medical leave, and for a qualifying exigency under military service member leave; and, up to 26 workweeks of leave to care for a military service member with an injury or illness during a twelve month period, to provide continued health insurance coverage during the leave period and to insure employee reinstatement to the same or an equivalent position following the leave period. Part-time employees receive FMLA leave on a pro rata or proportional basis.

II. Employee Eligibility

1. In order to be considered “eligible” under Family Medical Leave Act (FMLA or the Act) guidelines, an employee must: (1) have worked for the state for at least 12 months and (2) have worked at least 1,250 hours during the year preceding the start of the leave.
    
2. The determination of whether an employee meets the eligibility criteria for receiving FMLA leave is based on the amount of service (including prior service) possessed by the employee as of the date the leave actually begins.
    
3. This policy includes both regular and temporary employees. However, the institution is not obligated to restore an employee hired for a specific term or to complete a project.
    
4. The right to take FMLA leave applies equally to male and female employees

III. Leave Entitlement - FMLA Qualifying Events

1. The birth of a son/daughter and to care for the newborn child
    
2. The adoptive or foster care placement of a son or daughter with the employee
    
3. To care for the employee’s spouse, son, daughter, or parent with a serious health condition (See TBR Policy 5:01:01:14 {III} for the definition of “a serious health condition”
    
4. The employee has a serious health condition resulting in the inability to perform job functions
    
5. The employee with a spouse, son, daughter, or parent on covered active duty in the regular Armed Forces, the National Guard or Reserves, or a retired member of the regular Armed Forces or Reserves may use leave to address exigencies (see TBR Policy 5:01:01:14 for a listing of covered exigencies) arising out of the covered active duty or impending covered active duty deployment of the service member to a foreign country.
    
6. The employee is needed for the caregiving of a spouse, son, daughter, parent, or next-of-kin of a covered military service member who has a serious injury or illness incurred in the line of duty while on covered active duty in the Regular Armed Forces, National Guard or Reserves. (See TBR Policy 5:01:01:14 for additional qualifying factors).

IV. Employee Notification Requirement

An employee must provide sufficient information for the designator to determine that leave is for an FMLA qualifying event. When the need for FMLA is foreseeable, an employee must provide at least thirty (30) days advance notice prior to the date the leave is to begin. In situations where 30 day notification is not possible, because the employee has no knowledge of the exact time when the leave will need to begin or because of a medical emergency, notice must be given as soon as practical, normally within one or two business days of when the employee knows the leave date will be needed.

The employee must notify the supervisor of the need for leave and the anticipated timing and duration of the leave. The supervisor may request additional information to determine if the employee is requesting FMLA leave specifically and to obtain the necessary details of the leave being taken.

Accumulated sick leave (and accumulated annual leave, upon exhaustion of sick leave), run concurrently with the twelve weeks of FMLA leave. In the event, an employee exhausts all sick and annual leave, he/she goes into a leave-without-pay status; however, for the duration of the FMLA leave, the institution will pay his/her portion of the monthly health insurance premium.

V. Employee Medical Certification Requirements

The Office of Human Resources will provide the employee with a request for certification from a health care provider within five business days after receiving notice of the need for leave, or in the case of unforeseen leave, within five days after the leave begins. The employee must provide the requested certification within 15 calendar days after the request unless it is not practicable under the particular circumstances to do so despite the employee’s diligent, good faith efforts. The employee is responsible for paying any costs associated with obtaining a certification or recertification, and any necessary clarification or authentication of the certification.

VI. Requirements for Providing Information on FMLA Rights and Responsibilities

The institution must post notices explaining FMLA provisions and providing information concerning procedures for filing complaints on violations of the Act with the Wage and Hour Division of the U. S. Department of Labor.

For complete information on Family and Medical Leave, see TBR Policy No. 5:01:01:14. 10/13; 1/15; 05/16