2.3.6.2 Medical Leave: FMLA

Policy: 2.3.6.2

Absence and Leave under the Family and Medical Leave Act

Date of Policy Adoption: June 4, 2009

Revised Effective Date: June 4, 2009

Scope: All Employee Groups

Procedure

The federal Family and Medical Leave Act of 1993 (FMLA) as amended in 2008, requires Yavapai College to provide eligible employees unpaid leave. The two types of leave available include the basic 12-week leave entitlement (Basic FMLA Leave) as well as the military family leave entitlements (Military Family Leave). The College has adopted this policy to implement the terms of the act. The general FMLA provisions are posted at each Campus and are available on the College Human Resources website. If there is a conflict between this policy and the law, as written or subsequently amended, the law shall govern.

Eligibility for FMLA Leave:

An eligible employee is an individual who has been employed by the College at least 12 months prior to the commencement of the leave, has worked at least 1,250 hours during the 12-month period prior to the leave, and is employed at a worksite with at least 50 employees within 75 miles of that worksite. An employee will be notified within five days of a request for leave of the College’s determination of whether or not the employee is an “eligible employee” for purposes of FMLA leave.

Basic FMLA Leave:

Eligible employees are entitled to a total of 12 weeks of unpaid leave during each leave year for the reasons listed below. A leave year is defined as a rolling 12-month period measured backward from the date an employee uses any FMLA leave. Any leave taken under one or more of these circumstances will be counted against the employee’s total entitlement to FMLA leave for that leave year.

1. To care for the employee’s son or daughter during the first 12 months following birth;
2. To care for a child during the first 12 months following placement with the employee for adoption or foster care
3. To care for a spouse, son, daughter, or parent (“covered relation”) with a serious health condition;
4. For incapacity due to the employee’s pregnancy, prenatal medical or childbirth; or
5. Because of the employee’s own serious health condition that renders the employee unable to perform the functions of his or her position.

A serious health condition includes an illness, injury, impairment or physical or mental condition that involves either an overnight stay in a medical care facility or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job or prevents the qualified family member from participating in school or other daily activities. A serious health condition generally does not include cosmetic treatments or common illnesses such as the cold and flu absent complications. Whether or not an illness or injury arises to “serious health condition” will be determined based on all of the facts and circumstances, including medical documentation, and in accordance with the implementing regulations established by the Department of Labor for the FMLA.

Married couples who are both employed by the College and eligible for FMLA Leave may take a combined total of 12 week’s leave during any 12-month period for reasons 1 and 2 or to care for the same individual pursuant to reason 3.

Military Family Leave:

There are two types of Military Family Leave available.

1. Qualifying exigency leave. Eligible employees may use up to 12 weeks of their basic FMLA Leave entitlement to address certain qualifying exigencies, listed below. Leave may be used if the employee’s spouse, son, or daughter, or parent is on active duty or called to active duty status in the National Guard or reserves in support of a contingency operation. The maximum leave time is for a combined total of 12 weeks based on other basic FMLA leaves taken during the previous 12-month period.
   • Short-notice deployment (up to 7 days of leave)
   • Attending certain military events
   • Arranging for alternative child care
   • Addressing certain financial and legal arrangements
   • Periods of rest and recuperation for the service member (up to 5 days of leave)
   • Attending certain counseling sessions
   • Attending post-deployment activities (available for up to 90 days after the termination of the covered servicemember’s active duty status)
   • Other activities arising out of the service member’s active duty or call to active duty and agreed upon by the College and the employee
2. Leave to care for a covered service member.There is also a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. An employee is limited to a combined total of 26 weeks of FMLA leave, whether it is taken for care of a service member or another FMLA qualifying reason.

A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or reserves, who has been rendered medically unfit to perform his or her duties due to a serious injury or illness incurred in the line of duty while on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

Married couples who are both employed by the College and eligible for FMLA Leave may take a combined total of 26 weeks in a single 12-month period.

Intermittent or Reduced Schedule Leave:

An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the College’s operations.

Military Family Leave due to qualifying exigencies may be taken on an intermittent basis. Leave may not be taken on an intermittent basis when used to care for the employee’s own child during the first year following birth, or to care for a child placed with the employee for foster care or adoption, unless both the College and the employee agree to such intermittent leave. Such leave is subject to the supervisor’s approval in consultation with Human Resources.

The College may temporarily transfer an employee on intermittent or reduced-schedule leave to an available alternative position that better accommodates the recurring leave and which has equivalent pay and benefits.

Request for Leave – Employee Responsibility

1. Whenever possible, requests for FMLA Leave should be submitted to Human Resources using the Request for Family/Medical leave form available from Human Resources.
2. If the need to use FMLA leave is foreseeable, the employee must give the College at least 30 days’ prior notice of the need to take leave. When 30 days’ notice is not possible, the employee must give notice as soon as practicable (within 1 or 2 business days of learning of the need for the leave except in extraordinary circumstances). Failure to provide such notice may be grounds for delaying the start of the FMLA leave.
3. Failure to follow the usual notice and procedural requirements for requesting leave and calling in absences may be grounds to delay or deny the leave.
4. When submitting a request for leave, the employee must provide sufficient information for the College to determine if the leave might qualify as FMLA Leave, which may include that the employee is unable to perform job functions; that a family member is unable to perform daily activities; that the employee or family member needs hospitalization or continuing treatment by a healthcare provider; or the circumstances supporting the need for military family leave and also provide information on the anticipated date when the leave would start as well as the duration of the leave.
5. Employees must inform the College if the requested leave is for a reason for which FMLA leave was previously taken or certified.
6. Employees are required to provide documentation of family relationship when leave is requested to care for a family member.
7. A qualifying exigency leave must be supported by appropriate documentation
8. If the employee is requesting leave because of the employee’s own or a covered relation’s serious health condition, the employee and the relevant healthcare provider will supply appropriate medical certification and periodic recertification supporting the need for the leave.
   1. Employees may obtain Medical Certification forms from the Human Resources Department. When the employee requests leave, the College will notify the employee of the requirement for medical certification and when it is due (no more than 15 days after the employee requests leave).
   2. If the employee provides at least 30 days’ notice of medical leave, he or she should also provide the medical certification before leave begins.
   3. Failure to provide requested medical certification in a timely manner may result in denial of leave until it is provided.
   4. The College, at its expense, may require an examination by a second healthcare provider designated by the College, if it reasonably doubts the medical certification initially provided. If the second healthcare provider’s opinion conflicts with the original medical certification, the College, at its expense, may require a third, mutually agreeable, healthcare provider to conduct an examination and provide a final and binding opinion.
   5. The employee must contact the College every 30 days regarding the status of the condition and his or her intention to return to work. The College may require subsequent medical recertification. Failure to provide requested certification, except in extraordinary circumstances may result in the delay of further leave until it is provided. In addition, the employee must give notice as soon as practicable (within 2 business days, if feasible) if the dates of the leave change, are extended, or were unknown initially.

Request for Leave - College Responsibilities:

When an employee requests leave, the College will inform the employee whether or not eligibility requirements are met and will include details of any additional required information. The College will inform the employee in writing if the leave is designated as FMLA, and provide information on the amount of leave that will be counted against the employee’s 12 or 26 week entitlement.

Pay and Benefits During Leave:

FMLA leave under this policy is generally unpaid leave. If, however, the employee is eligible for any paid leave the employee will be required to exhaust the paid leave upon the commencement of, and concurrently with, FMLA leave. Paid leave will run concurrently with and be counted toward the employee’s total 12-week or 26 week period of FMLA leave. If intermittent leave is unpaid the College will reduce the employee’s salary based on the amount of time actually worked.

In no case can the substitution of paid leave time for unpaid leave time result in the receipt of more than 100 percent of an employee’s salary. This may be applicable when, for example, the employee’s own serious health condition has caused the leave and the employee is receiving workers compensation benefits.

During the FMLA leave the College will maintain the employee’s benefits as if the employee continued to be actively employed. Use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of the employee’s leave.

1. While on a paid status the College will continue to make deductions for an eligible employee’s health coverage (medical, dental & vision); life insurance, disability benefits, retirement contributions and all other payroll deductions; the employee continues to accrue paid leave.
2. During an unpaid leave it is the employee’s responsibility to make payment arrangements in advance directly with the Payroll Dept. for health coverage (medical, dental, & vision) dependent premiums and other applicable deductions. Retirement contributions and savings account contributions stop with the last paycheck; the employee does not accrue paid leave time. Continued healthcare coverage may be affected if payments are not received as arranged.

In some cases the College may recover premiums paid for maintaining an employee’s health coverage if the employee fails to return to work.

Return from Leave/Fitness-for-Duty Certification:

Before returning to work following FMLA Leave due to the employee’s serious health condition, the employee will be required to present a fitness-for-duty certification from his/her health care provider that the employee is medically able to resume work and to perform the essential functions of his or her job.

Restoration Rights:

Upon return from FMLA Leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Key employees and employees whose positions were eliminated by unrelated conditions may not be able to return to the same or similar position. Employees will be notified at the time leave is granted if they are considered a “key employee.”

If an employee does not return to work at the end of the FMLA entitlement period but is granted additional, non-FMLA leave, the College cannot guarantee that the employee will be placed in any position at the conclusion of that leave. If the employee is not granted additional, non-FMLA leave, employment ends as a voluntary termination effective the last day of the approved leave.