Family and Medical Leave Act (FMLA)

Overview

The school will grant Family and Medical Leave (FMLA) to eligible employees in accordance with federal and state law. This policy is intended to provide an overview of the school’s and the employee’s obligations, but in no way is intended to increase or diminish the obligations set forth under federal and state law.

If an employee is out sick or shows symptoms of being ill, it may become necessary to request medical information from the employee and/or the employee’s medical provider. In general, the school may request medical information to confirm the employee’s need to be absent, to show whether and how an absence relates to the infection, and to know that it is appropriate for the employee to return to work. The school will not request health-related information from a medical provider without the employee’s knowledge and approval. As always, the School expects and appreciates the employee’s cooperation if medical information is sought.

Eligibility

All employees who have completed 12 months of service and who have worked 1,250 hours or more in the preceding 12 months are eligible to apply for a job-protected, unpaid Family and Medical Leave Act (FMLA) leave of absence.

Purpose of Leave

The leave provides time-off from work for the following reasons.

• An employee’s own serious health condition that makes the employee unable to perform the essential functions of his/her job.
• To care for an employee’s child, parent or spouse with a serious health condition.
• The birth or adoption of a child, or the placement of a child in foster care and to care for the new child within one year of birth or placement.
• To care for a spouse, child, parent or next of kin of a member of the Armed Forces, including a member of the National Guard or Reserves who has a serious injury or illness and, who is undergoing medical treatment, recuperation, or therapy; is otherwise in outpatient status; or is otherwise on the temporary disability retired list.
• For any qualifying exigency arising out of the fact that the spouse or a son, daughter or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.

The Federal FMLA leave of absence will be coordinated with federal and state leave laws, where applicable.

Maximum Period of Leave

Eligible employees may take job-protected family medical leave of up to a total of 12 weeks during the contract period (except for qualifying leave to care for a member of the Armed Services who has a serious illness or injury, when the employee may take up to a total of 26 work weeks of leave during a single 12-month period).

Mothers and Father Both Working for the School

In the case where the mother and father of a newborn or adopted child are both employed by the School and are both eligible for FMLA leave, they are eligible for a combined total of 12 weeks of FMLA leave (which may be divided among the mother and father in any combination that they choose—e.g., eight weeks for the mother and four weeks for the father, or six weeks for each, etc.).

Special Provisions for End-of-Semester Leaves for Faculty

Due to the need to provide continuity of instruction in the classroom, the school may regulate the faculty member’s return to the classroom in certain circumstances, as allowable under Federal FMLA law. These circumstances and provisions include the following.

• An instructional employee begins leave more than five weeks before the end of a term. The School may require the employee to continue taking leave until the end of the term if the leave will last at least three weeks, and the employee would return to work during the three-week period before the end of the term.
• The employee begins leave for a purpose other than the employee’s own serious health condition during the five-week period before the end of a term. The school may require the employee to continue taking leave until the end of the term if:
  • The leave will last more than two weeks, and the employee would return to work during the two-week period before the end of the term.
  • The employee begins leave for a purpose other than the employee’s own serious health condition during the three-week period before the end of a term, and the leave will last more than five working days. The School may require the employee to continue taking leave until the end of the term.

Notice of Leave

If the need for the leave is foreseeable, the employee must provide the School with at least 30 days’ advance notice before the family and medical leave is to begin. If under the circumstances 30 days’ notice is not practicable, notice of the need for the leave must be given as soon as is reasonable and possible. Failure to comply with these notice rules is grounds for, and may result in, deferral of the requested leave until the employee is in compliance with the notice policy.

Pay During Leave Period

Family medical leave time will be unpaid. However, the employee has the option to substitute PTO for unpaid FMLA leave, except in the case of leave due to personal illness when the employee is required to utilize any unused accrued PTO.

Procedure

• Employees should contact Human Resources as soon as they are aware they may need to apply for a leave of absence. They will be provided with the required application forms and notices.
• Leave requests should be submitted to Human Resources in writing, using the Family and Medical Leave Act Request Form, with the Physician Certification attached.
• Requests should be submitted at least 30 days prior to the leave, if possible.
• The employee will then be notified of the approval or denial of the leave in writing.

Job Reinstatement

Leave requests must include the anticipated starting date and duration of the leave. It is the employee’s responsibility to report to work at the end of the approved leave. An employee who fails to report to work on the day after the approved leave (or approved extension) expires will be considered to have resigned from employment. Employees requesting an extension must do so prior to the expiration of the current approved leave.

Employees granted leave are guaranteed reinstatement to the same or an equivalent job position at the end of the leave, unless the job ceases to exist for legitimate business reasons, subject to any other considerations allowed under the law. If a reduction in force or other reorganization has taken place while the employee was on leave, and the employee’s position has been eliminated and a comparable position for which the employee is qualified is unavailable, the employee will be terminated upon the end of the approved leave period.

Health Insurance Coverage During Leave

During an FMLA leave, the employee will continue to be eligible for health coverage as if he/she had remained employed, provided the employee pays the required employee contribution, if any. The School will continue to pay for the School’s portion of any applicable insurance premiums.

Intermittent Leave

FMLA leave for the serious health condition of the employee, to care for an immediate family member or as required by law may be taken intermittently or on a reduced schedule, if medically appropriate and certified by the physician. If a leave is due to the birth or placement for adoption or foster care of a child, the leave may be taken intermittently or on a reduced schedule, subject to school approval. Employees must make reasonable efforts to schedule leaves for planned medical treatment so as not to unduly disrupt the school’s operations.

The school will require an employee on an FMLA leave to periodically submit written certifications from a doctor and reports regarding his/her status and intent to return to work. An employee returning from an FMLA leave due to his/her own serious illness must provide a medical certification verifying his/her ability to resume work prior to returning to work.

Exceptions

There are certain exceptions to eligibility for family care and medical leave and the obligations in providing such leave. When legally permitted to do so, the school may deny requests for leave.

Notice: U.S. Department of Labor

A notice regarding FMLA Rights provided by the U.S. Department of Labor is posted in several campus locations.

Additional Information

Please see Human Resources with any questions regarding FMLA leave, including required forms, certifications and other specific provisions of this policy.