Family and Medical Leave Act (FMLA) Procedure - 63.08.15
College Policy Number/Title:
Compliance
Howard Community College (HCC) complies 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 leave for eligible employees under specified family and medical conditions.
Eligibility
Employees who have worked at HCC for 12 months and for at least 1,250 hours in the immediate 12-month period prior to the event are eligible for FMLA leave. The employee must also be assigned to a worksite of the college where 50 or more employees are employed by the college within 75 miles of the college.
FMLA Leave
An eligible employee is entitled to up to 12 weeks per year of 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, child, or parent; or because of a serious health condition that makes the employee unable to perform essential job functions. Extended leave of up to 26 weeks may be granted for qualifying reasons as noted under Military Family Leave.
Military Family Leave
Eligible employees are entitled to up to 12 weeks of unpaid leave because of “any qualifying exigency” arising because the spouse, child, 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, child, 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, parent, or child, in the following order of priority: blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions, siblings, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as their 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, and based on information provided by the employee, it is the college's responsibility, through the office of human resources, to determine whether a specific leave request falls under FMLA. The law provides that leave of more than three days for a serious health condition falls under the FMLA. The college provides employees with notification if the leave is deemed to be FMLA leave within five business days of the request for leave.
Supervisory Responsibility
Supervisors are responsible for notification to the office of human resources of all absences of more than three days for sickness 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 of FMLA leave may include both paid (if any accrued) 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 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 president’s team member, and the employee agree to this arrangement.
Medical Certification
Medical certification is required for all FMLA leave 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. Appropriate documentation is required for FMLA leave related to the adoption of a child.
Medical Recertification
If the employee's need for FMLA leave lasts beyond a single FMLA leave year, the employer may require the employee to provide a new medical certification in each new FMLA leave year.
Job Restoration
Employees who take 12 weeks or less of leave under the FMLA are restored to the same or an equivalent job with equivalent employment benefits, pay, and other terms and conditions of employment at the end of the leave. Employees who take intermittent or reduced leave may be transferred to a different job with equivalent employment benefits, pay, and other terms and conditions of employment for the duration of the medical leave, so that the college can more reasonably accommodate the intermittent leave. In instances when medical leave is the result of an employee's own health condition, employees must provide medical certification that they are able to return to work prior to resuming work. Please refer to procedure 63.08.14, Sick and Disability Leave or Absence 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 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 continue if the unpaid leave is one month or less. Unpaid leaves of more than one month duration do not include any other paid benefits beyond health insurance (refer to procedure 63.08.08, Leave Without Pay). Benefits are restored when the employee returns to work after 12 weeks or less of FMLA leave.
Paid Leave Availability
When an employee requests leave for an FMLA covered event, the employee is 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. The employee’s sick leave, personal leave, and annual leave will run concurrently with the FMLA leave. Whether the leave is paid or unpaid, it is counted toward the employee's 12-week FMLA entitlement in any given year. An automatic leave sequence, described below, will go into effect unless otherwise requested by the employee and approved by the office of human resources.
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 may not be able to guarantee job restoration for use of leave beyond the 12 weeks of FMLA leave. (refer to procedure 63.08.14, Sick and Disability Leave or Absence). Similarly, employees may be eligible for short-term disability (STD) or long-term disability (LTD) leave or 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 are considered on a case-by-case basis.
Difference Between FMLA and Other Leave
Twelve weeks of 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; refer to procedure 63.08.14, Sick and Disability Leave or Absence.
Accrual of Leave and Automatic Leave Sequence
- Accrual of leave means the accumulation of available leave time, which is added each pay period to an employee's leave balance. Leave that is used is subtracted from the leave balance.
- Individuals do not accrue annual, personal, or sick leave while on unpaid FMLA leave. If paid leave is approved for some or all of an FMLA leave, procedures for that paid leave type are in effect. During a FMLA leave, sick leave, annual, or personal leave will continue to accrue only during that portion of the leave which is paid by using sick, annual or personal leave.
- The automatic leave sequence for FMLA leave is sick, personal, annual, leave without pay.
- All leave used is to be recorded on an employee's time sheet or attendance sheet as FMLA leave taken with a copy sent to the office of human resources.
For further information on the FMLA, please contact the office of human resources.
Effective Date: 08/26/22
President's Office Use: CHRO