Policy 6.15.4: Family and Medical Leave Act

Related Policies & Procedures

Procedures

  1. Family and Medical Leave Act Procedures

  1. Purpose

    The Family and Medical Leave Act of 1993 was passed by Congress to balance demands of the workplace with needs of families, to promote the stability and economic security of families, to promote national interests in preserving family integrity; to minimize the potential for employment discrimination on the basis of sex by ensuring generally that leave is available for eligible medical reasons (including maternity-related disability) and for compelling family reasons; and to promote the goal of equal employment opportunity for women and men.

  2. Definitions

    Parent
    A biological or adoptive parent or an individual who stood in loco parentis (a person who is in the position or place of a parent) to an employee when the employee was a child.
    Child
    A son or daughter who is under 18 years of age or is 18 years of age or older and incapable of self-care because of a mental or physical disability who is:
    1. a biological child
    2. an adopted child
    3. a foster child - a child for whom the employee performs the duties of a parent as if it were the employee's child
    4. a step-child - a child of the employee's spouse
    5. a legal ward - a minor child placed by the court under care of a guardian
    6. a child of an employee standing in loco parentis
    Spouse
    A husband or wife.
    Serious Health Condition
    An illness, injury, impairment, or physical or mental condition that involves either inpatient care in a hospital, hospice, or residential medical care facility, or that involves continuing treatment by a health care provider.

  3. Eligible Employees

    1. Permanent Employees - an employee who has been employed with the State government for at least 12 months and who has worked at least 1040 hours (half-time) during the previous 12-month period is entitled to a total of 12 workweeks, leave paid or unpaid, during any 12-month period for one or more of the reasons listed below. A workweek is defined as the number of hours an employee is regularly scheduled to work each week.
      1. For the birth of a child and to care for the child after birth, provided the leave is taken within a 12-month period following birth.
      2. For the employee to care for a child placed with the employee for adoption, provided the leave is taken within a 12-month period following adoption.
      3. For the employee to care for child, spouse, or parent, where that child, spouse, or parent has a serious medical condition; or
      4. Because the employee has a serious health condition that makes the employee unable to perform the functions of the employee's position.
    2. Temporary Employees - This policy does not cover temporary employees since the maximum length of a temporary appointment is one year; however, if by exception, a temporary employee is extended beyond one year, the employee would be covered if they have worked at least 1250 hours during the previous 12-month period. Any leave granted to a temporary employee would be without pay.

  4. Leave Charges

    1. Birth - For the birth of a child, the employee may choose to exhaust available annual and/or sick leave, or any portion, or go on leave without pay; except that sick leave may be used only during the period of disability. This applies to both parents.
    2. Adoption - For the adoption of a child, the employee may choose to exhaust available vacation and/or sick leave, or any portion, or go on leave without pay. Refer to Sick Leave policy.
    3. Illness of a Child, Spouse, or Parent - For the illness of an employee's child, spouse, or parent, the employee may choose to exhaust available annual and/or sick leave, or any portion, or go on leave without pay.
    4. Employee's Illness - For the employee's illness, the employee may choose to exhaust available annual and/or sick leave, or any portion, or go on leave without pay. If the illness extends beyond the 60-day waiting period required for short-term disability, the employee may choose to exhaust the balance of available leave or begin drawing short-term disability.

    Periods of paid leave and periods of leave without pay (including leave without pay while drawing short-term disability benefits) count towards the 12 workweeks of Family and Medical Leave to which the employee is entitled.

  5. Intermittent Leave or Reduced Work Schedule

    Pursuant to this policy, the employee may not take leave intermittently or on a reduced work schedule for child birth and birth-related child care or for adoption unless the employee and the College agree otherwise. When medically necessary, the employee may take leave intermittently or on a reduced work schedule to care for the employee's child, spouse, or parent who has a serious health condition, or because the employee has a serious health condition.

  6. Employee Responsibility

    The employee shall apply in writing to the supervisor for leave requested under this policy.

    1. Birth or Adoption - The employee shall give the College no less than 30 days ' notice, in writing, of the intention to take leave, subject to the actual date of birth or adoption. If the date of the birth or adoption requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.
    2. Planned Medical Treatment - When necessary for leave to care for the employee's child, spouse, or parent or because the employee has a serious health condition, the employee must make a reasonable effort to schedule the treatment so as to not unduly disrupt operations, subject to the approval of the employee's health care provided or the health care provider of the employee's child, spouse, or parent. The employee must also give 30 days notice, if practicable, of the intention to take leave, subject to the actual date of treatment.

    The employee shall be deemed to have applied for leave under this policy when: (a) the employee is on approved leave even if the employee has not given written notice of the intent to take family and medical leave to the supervisor or (b) the employee utilizes leave for any purpose whether with or without pay for a period in excess of 30 days or © the basis for the leave falls within the scope of this policy. In these cases, the College shall notify the employee that time spent on paid leave or leave without pay during the 30-day period is a part of the 12 workweeks of leave.

    If the employee will not return to work after the period of leave, the College shall be notified in writing. Failure to report at the expiration of the leave, unless an extension has been requested, may be considered as a resignation.

  7. Certification

    For leave pursuant to this policy, the College may require that a claim for leave because of adoption be supported by reasonable proof of adoption.

    The College may require that claim for leave because of a serious illness of the employee or of the employee's child, spouse, or parent be supported by a physician’s certification which includes the following:

    • The date on which the serious health condition began
    • The probable duration of the condition
    • Appropriate medical facts regarding the condition
    • A statement that the leave is needed to care for the child, spouse, or parent, and an estimate of the amount of time that is needed; or that the employee is unable to perform the functions of the position, whichever applies
    • Where certification is necessary for intermittent leave for planned medical treatment, the dates on which the treatment is expected to be given and the duration of the treatment

    Where the College has reason to doubt the validity of the certification, the College may require the employee to get the opinion of a second physician designated or approved by the College. Where the second opinion differs from the opinion in the original certification provided, the College may require the employee to get the opinion of a third physician designated or approved jointly by the College and the employee. The College may require that the employee get subsequent recertification on a reasonable basis. The second and third certification and recertification must be at the College's expense.

  8. Employment and Benefits Protection

    1. Reinstatement - The employee shall be reinstated to the same position held when the leave began or one of like pay grade, pay benefits, and other conditions of employment. The College may require the employee to report at reasonable intervals to the College on the employee's status and intention to return to work. The College also may require that the employee receive certification that the employee is able to return to work.
    2. Benefits - The employee shall be reinstated without loss of benefits accrued when the leave began. All benefits accrue during any period of paid leave, however, no benefits will be accrued during any period of leave without pay.
    3. Health Benefits - Refer to "Leave Without Pay” in this section.

  9. Interference With Rights

    1. Actions Prohibited - It is unlawful to interfere with, restrain, or deny any rights provided by this policy or to discharge or in any other manner discriminate against an employee for opposing any practice made unlawful by this policy.
    2. Protected Activity - It is unlawful to discharge or in any manner discriminate against any employee because the employee does any of the following:
      1. Files civil action, or institutes or causes to be instituted any civil proceeding under or related to this policy.
      2. Gives, or is about to give, any information on connection with any inquiry or proceeding relating to any rights provided by this policy.
      3. Testifies, or is about to testify, in any inquiry or proceeding relating to any right provided under this policy.
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