Family and Medical Leave It is the policy of Spelman College to provide family and medical leave to eligible employees in accordance with the federal Family and Medical Leave Act of 1993 (FMLA). This policy sets forth your rights and obligations under FMLA. Eligibility To be eligible for family and medical leave, an employee must (1) have worked for the College for at least twelve months prior to the date on which the leave is to commence; and (2) have worked at least 1,250 hours in the 12 months preceding the leave. Permissible Uses of Family Care and Medical Leave “Family care leave” may be requested for (1) the birth or adoption of an employee's child; (2) the placement of a foster child with the employee; or (3) the serious health condition of an employee's child, spouse, or parent. For the purpose of this policy, see definition of “Serious Health Condition”. “Medical leave” may be requested for an employee's own serious health condition. A “serious health condition” is one that requires either in-patient care in a medical facility or continuing treatment or supervision by a health care provider. Examples of a serious health condition may include but are not limited to: heart attacks or heart conditions requiring bypass surgery most cancers back conditions requiring extensive therapy or surgery pneumonia severe arthritis severe nervous disorders pregnancy, miscarriages, complications or illnesses related to pregnancy (e.g., severe morning sickness) and need for prenatal care childbirth and recovery from childbirth a parent or spouse suffering from Alzheimer’s disease or clinical depression Examples of what is not a serious health condition are short-term conditions requiring only brief treatment and recovery. Barring serious complications, examples include: the common cold the flu, ear aches, upset stomach, minor ulcers headaches, other than migraines routine dental or orthodontia problems, and periodontal disease voluntary or cosmetic treatments (for acne or plastic surgery) Substitution of Paid Leave for Family Care and Medical Leave Employees are required to use accrued and available sick and vacation time and other paid personal leave for all family care and medical leaves, where applicable. When paid leave is available, all accrued sick leave must be exhausted before utilizing accrued vacation time. Amount of Leave Provided all the conditions of this policy are met, an employee may take a maximum of 12 weeks of family care and medical leave in a rolling 12-month period measured backwards from the date the employee’s leave commences. Parents who are both employed by the College may take a maximum combined total of 12 weeks of family care leave in a 12-month period for the birth, adoption, or foster care of their child. Family care leaves for the birth, adoption or foster care placement of a child must be concluded within one year of the birth, adoption or placement. The substitution of paid leave for family care or medical leave does not extend the total duration of family care and medical leave to which an employee is entitled to beyond 12 weeks in a 12-month period. For example, if an employee has accrued four weeks of unused paid vacation time at the time of the request for family care leave, that paid vacation time will be substituted for the first four weeks of family care leave, leaving up to eight additional weeks of unpaid leave. Medical leave for the employee’s own serious health condition, or family care leave for the serious health condition of the employee’s spouse, parent, or child, may be taken intermittently or on a reduced schedule where medically necessary. If leave is taken intermittently or on a reduced schedule, the College retains the discretion to transfer the employee temporarily to an alternative position with equivalent pay and benefits which accommodates the employee’s leave schedule. Leave's Effect on Pay Except to the extent that other paid leave is substituted for Family and Medical Leave, such leave is unpaid. Time Sheets Time sheets must be completed during the period of the leave for Exempt and Non-exempt employees. Time sheets are due by the 5^th working day of the month for the preceding month. Leave's Effect on Benefits For up to a maximum of 12 weeks in a 12-month period, the College will continue to pay for the employee’s participation in the College's group health plans, to the same extent and under the same terms and conditions as would apply had the employee not taken leave. Other benefits will be governed in accordance with the terms of each benefit plan. If you do not return to work at the conclusion of your approved family and medical leave, you will be liable for payment of the health plan premiums (medical, dental, optical) paid by the College during any unpaid portion of your leave. The College may recover its share of health plan premiums by taking deductions, to the extent permitted by law, from your unpaid wages, if any, vacation pay, or other pay due you, or by initiating legal action. However, you will not be liable for the premiums if your failure to return to work is due to continuation of your own serious health condition or other reasons beyond your control. You will be considered to have returned to work if you work for at least 30 calendar days commencing with your scheduled return date. Employees on family care or medical leave accrue employment benefits, such as sick leave, vacation benefits, or seniority, only when paid leave is being substituted for unpaid leave and only if the employee would otherwise be entitled to such accrual. Notice Requirements Employees should notify the College of their request for family care or medical leave as soon as they are aware of the need for such leave. For foreseeable events, if possible, the employee must provide 30 calendar days’ advance notice to the College of the need for leave. For events that are unforeseeable 30 days in advance, but are not emergencies, the employee must notify the College as soon as he or she learns of the need for the leave, ordinarily no later than one or two working days after the employee learns of the need for the leave. If the leave is requested in connection with a planned, non-emergency medical treatment, the employee may be requested to reschedule the treatment so as to minimize disruption of the College’s business. If an employee fails to provide the requisite 30-day advance notice for foreseeable events without any reasonable excuse for the delay, the College reserves the right to delay the taking of the leave until at least 30 days after the date the employee provides notice of the need for family care or medical leave. All requests for family care or medical leave should include the anticipated date(s) and duration of the leave. Requests for Leave Extension Any requests for extensions of a family care or medical leave must be received in writing and accompanied by an updated medical certification at least five working days before the date on which the employee was originally scheduled to return to work and must include the revised anticipated date(s) and duration of the family care or medical leave. The College reserves the right to deny requests for extensions and/or deny reinstatement. Medical Certification Any request for medical leave for an employee’s own serious health condition, or for family care leave to care for a child, spouse, or parent with a serious health condition, must be supported by medical certification from a health care provider. For foreseeable leaves, employees must provide the required medical certification before the leave begins. When this is not possible, employees must provide the required certification within 15 calendar days after the College’s request for certification, unless it is not practicable under the circumstances to do so, despite the employee’s good faith efforts. Failure to provide the required medical certification may result in the denial of foreseeable leaves until such certification is provided. In the case of unforeseeable leaves, failure to provide the required medical certification within 15 days of being requested to do so may result in a denial of the employee’s continued leave. Any request for an extension of the leave also must be supported by an updated medical certification. The medical certification for a child, spouse, or parent with a serious health condition shall include (a) the date on which the serious health condition commenced; (b) the probable duration of the condition; (c) the health care provider's estimate of the amount of time needed for family care; (d) the health care provider's assurance that the health care condition warrants the participation of the employee to provide family care; and (e) in the case of intermittent or reduced schedule leave where medically necessary, the probable duration of such a schedule. The medical certification for leave for the employee’s own serious health condition shall include (a) the date on which the serious health condition commenced; (b) the probable duration of the condition; (c) a statement that, due to the serious health condition, the employee is unable to perform the functions of his or her position; and (d) in the case of intermittent leave or reduced schedule leave where medically necessary, the probable duration of such a schedule. If the College has reason to doubt the validity of the certification provided by the employee, the College may require the employee to obtain a second opinion from a doctor of the College’s choosing at the College’s expense. If the employee’s health care provider and the doctor providing the second opinion do not agree, the College may require a third opinion, also at the College’s expense, performed by a mutually agreeable doctor who will make a final determination. During the employee’s leave, the employee may be required to provide the College with additional physicians’ statements on request from the College at reasonable intervals, attesting to the employee’s continued disability, inability to work, or other changes which affect the work schedule of the employee. The employee also may be required to submit to medical examinations by physicians designated by the College at its discretion, and to provide the College with access to medical records as required. Before an employee returns to work, the employee must provide medical certification that he or she is able to return to work. Effect on Reinstatement Employees timely returning from family care or medical leave are entitled to reinstatement to the same or comparable position consistent with applicable law. The College retains the right to deny reinstatement to employees who are among the highest paid ten percent of the College’s employees and whose reinstatement would cause substantial injury to the College’s operations, as defined by law. Family and Medical Leave Definitions For the purpose of this policy, please see the definitions below: Child: A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability. Spouse: A husband or wife as defined by state law for purposes of marriage. Parent: The biological parent of the employee or individual who served as a parent (in loco parentis) to an employee when the employee was younger than 18. This term does not include parent-in-law. Health Care Provider: Health care providers who may provide certification of a serious health condition include: · doctors of medicine or osteopathy authorized to practice medicine or surgery (as appropriate) by the State; · podiatrists, dentists, clinical psychologists, optometrists, or chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in the State; · nurse practitioners, nurse midwives, and clinical social workers authorized to practice under State law and performing within the scope of their practice as defined under State law; · a Christian Science practitioner listed with the First Church of Christ Scientist in Boston, Massachusetts; · any health care provider recognized by Spelman College’s group health plan; and, · a health care provider listed above who practices in a country other than the United States and who is authorized to practice under the laws of that country. Serious Health Condition: Any illness, injury, impairment, or physical or mental condition that involves: any period of incapacity or treatment in connection with or following inpatient care (overnight stay) in a hospital, hospice, or residential medical facility; any period of incapacity requiring absence from work, school, or other regular daily activities for more than three calendar days that involves continuing treatment by (or under the supervision of) a health care provider; or any period of incapacity due to pregnancy, or for prenatal care; or any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g. Alzheimer’s stroke, terminal diseases, etc.); or, any absences to receive multiple treatments (including any period of recovery) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.) Information and Questions For additional information concerning Family and Medical Leave, please contact the Office of Human Resources. Policy No.  602  Effective Date:  6/1/2002