Policies & Procedures Manual

341

Policy No: 721.2

Policy Contact: Vice President for Business Operations

Policy Title: FAMILY AND MEDICAL LEAVE ACT (FMLA) OF 1993

East Central Community College shall comply with all of the provisions of the Family and Medical Leave Act (FMLA) of 1993. The FMLA provides eligible employees of covered employers with unpaid, job-protected leave for specified family and medical reasons. Eligible employees may take up to 12 workweeks of leave in a 12 month period for one or more of the following reasons: • The birth of a son or daughter or placement of a son or daughter with the employee for adoption or foster care, and to bond with the newborn or newly-placed child; • To care for a spouse, son daughter, or parent who has a serious health condition, including incapacity due to pregnancy and for prenatal medical care; • For a serious health condition that makes the employee unable to perform the essential functions of his or her job, including incapacity due to pregnancy and for prenatal medical care; or • For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status. 1. Works for a covered employer, 2. Has worked for the employer for at least 12 months as of the date the FMLA leave is to start, 3. Has at least 1,250 hours of service for the employer during the 12-month period immediately before the date the Family Medical Leave Act leave is to start, and 4. Works at a location where the employer has at least 50 employees within 75 miles of that worksite as of the date when the employee gives notice of the need for leave. • Employees seeking FMLA leave should contact the Department of Human Resources for more information. • A covered employee must provide notice to the College of the need for FMLA leave: (a) for leave that is foreseeable – 30 days notice, or (b) for leave that is unforeseeable – as soon as possible. • The eligibility period is a “rolling” 12-month period measured backward from the first date an employee uses FMLA leave. • The employee must use accrued paid leave, such as compensatory time, annual, and/or sick leave, for the FMLA leave. Paid leave will run concurrently with the unpaid FMLA leave. When paid leave is exhausted, the employee will be on leave without pay. • Any leave designated as workers compensation will run concurrently with FMLA. • FMLA leave may be taken intermittently or on a reduced leave schedule basis. • Eligibility for regular health benefits will continue during FMLA leave. • An employee must arrange co-payments for employee benefits with Payroll if taking unpaid leave. • Upon return to work, an employee must provide the College with a fitness for duty certification when leave is taken for a personal, serious health condition. • Leave of more than three (3) consecutive days for illness, injury, or surgery will trigger provisions of the FMLA. Important facts to know about FMLA: An eligible employee is one who: