Procedure IV.4000.F.a: Family and Medical Leave

Procedure

The College is required by federal law to provide up to 12 weeks of unpaid, job-protected leave in accordance with the Family and Medical Leave Act of 1993 (FMLA) to eligible employees for the following reasons:

• The birth of a child or placement of a child with the employee for adoption or foster care; 
• To care for a spouse, child, or parent who has a serious health condition; 
• For a serious health condition that makes the employee unable to perform the essential functions of their job; or 
• For any qualifying exigency arising out of the fact that a spouse, child or parent is a military member on covered active duty or called to covered active-duty status.

Eligible employees are required to use their leave time (sick time, personal business leave, or vacation) concurrently with the FMLA leave. This rule will apply to all employees on FMLA leave except those who are receiving workers’ compensation benefits. In many instances, an on-the-job injury that qualifies for workers’ compensation coverage will also qualify under FMLA. Under state law, an individual receiving workers’ compensation benefits may choose whether to use other paid leave to supplement their benefits.

Military Family Leave Entitlements

Eligible employees with a spouse, child, or parent on active duty or are called to active-duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include:

• Attending certain military events;
• Arranging for alternative childcare;
• Addressing certain financial and legal arrangements;
• Attending certain counseling sessions, and;
• Attending post-deployment reintegration briefings.

FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves. This leave entitlement includes:

• Caring for a covered service member who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform their duties;
• Caring for a service member undergoing medical treatment, recuperation, or therapy;
• Caring for a service member who is in outpatient status, or;
• Caring for a service member who is on the temporary disability retired list.

Additional information regarding an employee’s rights under FMLA is available from Human Resources, Benefits. Information on workers’ compensation is available from Safety, Health, Environmental, and Risk Management (SHERM).

Associated Policy

Policy IV.4000.F, Family and Medical Leave