{"id":551,"date":"2016-11-30T22:37:44","date_gmt":"2016-11-30T22:37:44","guid":{"rendered":"http:\/\/www.eastcentral.edu\/board-policies\/?page_id=551"},"modified":"2026-04-01T17:11:21","modified_gmt":"2026-04-01T17:11:21","slug":"family-and-medical-leave-act","status":"publish","type":"page","link":"https:\/\/www.eastcentral.edu\/board-policies\/personnel\/family-and-medical-leave-act\/","title":{"rendered":"5.35 Family and Medical Leave Act"},"content":{"rendered":"\n

(Adopted 11-4-2013)<\/em><\/p>\n\n\n\n

The College complies with the provisions of the Family and Medical Leave Act (FMLA).\u00a0The College reserves all rights available to employers under the Family and Medical Leave Act.<\/p>\n\n\n\n

Procedures<\/strong><\/p>\n\n\n\n

5.35.1  Definitions<\/strong><\/p>\n\n\n\n

 <\/strong>Son or Daughter<\/strong> \u2013 For purposes of FMLA leave taken for birth or adoption, or to care for a family member with a serious health condition: a biological, adopted, foster child, stepchild, legal ward, or a child for a person standing in loco parentis who is (a) under 18 years of age or (b) 18 years of age or older and incapable of self-care because of a mental or physical disability.<\/p>\n\n\n\n

For purposes of FMLA leave taken related to Armed Forces active duty or call to duty, or covered servicemember care:\u00a0a biological, adopted, foster child, stepchild, legal ward, or a child for a person standing in loco parentis who is of any age.<\/p>\n\n\n\n

Parent<\/strong> \u2013 A parent is defined as the employee\u2019s biological, adoptive, step, or foster parent, or the individual who stood in loco parentis to an employee when the employee was a child.<\/p>\n\n\n\n

Serious Health Condition<\/strong> \u2013 Generally, a serious health condition is defined as a physical or mental illness, injury, impairment, or condition involving 1) inpatient care in a hospital, nursing home, or hospice or 2) continuing treatment by a health care provider.\u00a0A serious health condition involving continuing treatment by a health care provider includes three or more consecutive calendar days of incapacity relating to the same condition that also involves treatment two or more times directed by a health care provider or treatment one or more times with a resulting regimen of continuing treatment.\u00a0Included also in the definition is any condition or medical situation not specifically listed here but contained within the FMLA regulations.<\/p>\n\n\n\n

Next of Kin<\/strong> – The nearest blood relative of the covered servicemember.<\/p>\n\n\n\n

5.35.2<\/strong>  Eligibility<\/strong><\/p>\n\n\n\n

Employees are eligible for Family Medical Leave if they have worked at least 1,250 hours during the prior 12 months and have been employed with the College at least one year. Employees are entitled to take up to 12 weeks of leave without pay and\/or utilize accrued leave during a 12-month period due to one or more of the following:<\/p>\n\n\n\n

    \n
  1. For incapacity due to pregnancy, prenatal medical care, or childbirth<\/li>\n\n\n\n
  2. To care for the employee\u2019s child after birth, or placement for adoption or foster care<\/li>\n\n\n\n
  3. To care for the employee\u2019s spouse, son, daughter, or parent,<\/span> who has a serious health condition<\/li>\n\n\n\n
  4. For a serious health condition that makes the employee unable to perform the employee\u2019s job<\/li>\n\n\n\n
  5. A qualifying exigency arising out of the fact that the spouse, 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<\/li>\n<\/ol>\n\n\n\n

    In addition, employees who are the spouses, sons, daughters, parents, or next of kin of a covered servicemember are entitled to take up to 26 weeks of unpaid leave during a single 12-month period to care for the servicemember who incurs an injury during military service when that injury results in the servicemember being unable to perform their duties.<\/p>\n\n\n\n

    The employee is required to first use accumulated sick, personal, and\/or vacation days; the balance of the leave will be unpaid up to the 12-week maximum. If the employee is using Family Medical Leave for their own medical needs, the College will continue to provide paid insurance benefits during the leave. As described in this Policy, medical certification from an applicable health care provider will be required.\u00a0The duration of each leave of absence and the compensation received by the employee, if any, during the leave of absence shall be determined by the College in conjunction with applicable federal and state law.<\/p>\n\n\n\n

    5.35.3<\/strong>  Counting of Leave Taken Under FMLA<\/strong><\/p>\n\n\n\n

    The College will determine the amount of leave available under this Policy for an eligible employee by using a \u201crolling\u201d 12-month period.  A \u201crolling\u201d 12-month period measures backward from the date an employee\u2019s leave commences to the 12 months preceding this date.<\/p>\n\n\n\n

    5.35.4<\/strong>  Use of Leave<\/strong><\/p>\n\n\n\n

    An employee does not need to use this leave entitlement in one block.\u00a0Leave can be taken intermittently or on a reduced schedule when medically necessary.\u00a0Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer\u2019s operations.\u00a0 Employees must report that the leave is FMLA-related when informing the supervisor.\u00a0Leave due to qualifying exigencies may also be taken on an intermittent basis.<\/p>\n\n\n\n

    5.35.5<\/strong>  Notice Requirements of Employees<\/strong><\/p>\n\n\n\n

    Employees must provide 30 days\u2019 advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days\u2019 notice is not possible, the employee must provide notice as soon as practicable and must comply with an employer\u2019s normal call-in procedures.\u00a0The employee\u2019s supervisor must consult Human Resources as soon as there is knowledge an employee needs to be off work.<\/p>\n\n\n\n

    5.35.6<\/strong>  Medical Certification<\/strong><\/p>\n\n\n\n

    Medical certification by an applicable health care provider is required for all leaves with the exception of leave for childbirth.<\/p>\n\n\n\n

    The employee must provide certification as soon as reasonably possible and no later than 15 days after the College notifies the employee that the leave may qualify as FMLA.\u00a0If the employee fails to provide such timely certification, the leave request may be denied until a reasonable period after the required certification is provided or the leave request may be denied entirely.\u00a0Human Resources will inform the employee if the request is approved\/denied.<\/p>\n\n\n\n

    5.35.7<\/strong>  Active Duty\/Call to Duty Certification<\/strong><\/p>\n\n\n\n

    For leave of absence due to Armed Forces active duty or call to duty, the employee must provide the available Armed Forces documentation as soon as possible.<\/p>\n\n\n\n

    5.35.8<\/strong>  Employer Responsibilities<\/strong><\/p>\n\n\n\n

    Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees\u2019 rights and responsibilities.\u00a0If they are not eligible, the employer must provide a reason for the ineligibility.<\/p>\n\n\n\n

    Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee\u2019s leave entitlement.\u00a0If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.<\/p>\n\n\n\n

    5.35.9<\/strong>  Substitution of Paid Leave for Unpaid Leave<\/strong><\/p>\n\n\n\n

    The employee is required to first use accumulated sick, personal, and\/or vacation days; the balance of the leave will be unpaid up to the 12-week maximum.<\/p>\n\n\n\n

    5.35.10<\/strong> Continuation of Benefits While on Family or Medical Leave<\/strong><\/p>\n\n\n\n

    For any employee granted leave under this Policy:<\/p>\n\n\n\n

      \n
    1. The College will continue to pay the employer portion of the group medical, dental, vision, and life insurance premiums.<\/li>\n\n\n\n
    2. The employee must continue to pay the employee\u2019s portion of insurance premiums.<\/li>\n\n\n\n
    3. If the employee does not return to work when FMLA leave is exhausted, the opportunity to purchase continuing coverage under COBRA regulation will apply.<\/li>\n<\/ol>\n\n\n\n

      5.35.11<\/strong> Impact on Future Retirement Benefits<\/strong><\/p>\n\n\n\n

      For information on the potential impact of Family and Medical Leave on retirement benefits, the employee should refer to the PSRS-PEERS website at http:\/\/www.psrs-peers.org<\/a>.\u00a0Subject to PSRS-PEERS requirements, employees on unpaid leave may be able to contribute based on their current salary into the applicable retirement system in order to earn service credit.<\/p>\n\n\n\n

      5.35.12<\/strong> Fitness-for-Duty Requirements<\/strong><\/p>\n\n\n\n

      Employees who take leave under this Policy due to their own serious health condition must provide to the Human Resources office, in advance of returning to work, a \u201creturn to work\u201d slip from their health care provider stating that they are able to resume the essential functions of their jobs with or without a reasonable accommodation.\u00a0Employees may not return to work without the required documentation from their health care providers.<\/p>\n\n\n\n

      5.35.13<\/strong> Return from Family and Medical Leave<\/strong><\/p>\n\n\n\n

      Employees are expected to return to work the first workday following the last day of the family or medical leave. In cases where the employee is unable to return sooner or the employee needs an extension of leave time, employees are asked to provide two days\u2019 notice of such whenever possible. Upon return from a family or medical leave, an employee will be restored to the same or an equivalent position.\u00a0An employee\u2019s failure to return from leave on the designated date will be handled in accordance with College Policy.<\/p>\n\n\n\n

      5.35.14<\/strong> Option for Employees Ineligible for FMLA Leave<\/strong><\/p>\n\n\n\n

      Employees who do not qualify for leave under FMLA or who have exhausted family and medical leave may consult Human Resources to determine their eligibility to apply for an unpaid leave.<\/p>\n","protected":false},"excerpt":{"rendered":"

      (Adopted 11-4-2013) The College complies with the provisions of the Family and Medical Leave Act (FMLA).\u00a0The College reserves all rights available to employers under the Family and Medical Leave Act. Procedures 5.35.1  Definitions  Son or Daughter \u2013 For purposes of FMLA leave taken for birth or adoption, or to care for a family member with […]<\/p>\n","protected":false},"author":39,"featured_media":0,"parent":13,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"yst_prominent_words":[],"class_list":["post-551","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.eastcentral.edu\/board-policies\/wp-json\/wp\/v2\/pages\/551","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.eastcentral.edu\/board-policies\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.eastcentral.edu\/board-policies\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.eastcentral.edu\/board-policies\/wp-json\/wp\/v2\/users\/39"}],"replies":[{"embeddable":true,"href":"https:\/\/www.eastcentral.edu\/board-policies\/wp-json\/wp\/v2\/comments?post=551"}],"version-history":[{"count":5,"href":"https:\/\/www.eastcentral.edu\/board-policies\/wp-json\/wp\/v2\/pages\/551\/revisions"}],"predecessor-version":[{"id":2228,"href":"https:\/\/www.eastcentral.edu\/board-policies\/wp-json\/wp\/v2\/pages\/551\/revisions\/2228"}],"up":[{"embeddable":true,"href":"https:\/\/www.eastcentral.edu\/board-policies\/wp-json\/wp\/v2\/pages\/13"}],"wp:attachment":[{"href":"https:\/\/www.eastcentral.edu\/board-policies\/wp-json\/wp\/v2\/media?parent=551"}],"wp:term":[{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/www.eastcentral.edu\/board-policies\/wp-json\/wp\/v2\/yst_prominent_words?post=551"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}