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Family and Medical Leave
It is the policy of Spelman College (the College) to provide family and medical leave to eligible employees in accordance with the federal Family and Medical Leave Act of 1993 (the FMLA) and new revisions to the FMLA effective January 16, 2009. The FMLA provides eligible employees with job protection for a specified time period. This policy sets forth your rights and obligations under FMLA.
Eligibility
To be eligible for family and medical leave, an employee must have: (1) worked for the College for at least twelve months prior to the date on which the leave is to commence; and (2) worked for at least 1,250 hours in the 12 months preceding the leave. In the event that an employee's leave begins prior to the attainment of 12 months of service, but extends beyond the 12 months of service milestone, that employee's leave will qualify as FMLA only following the 12 months of service milestone.
Permissible Uses of Family 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; (3) the serious health condition of an employee's child, spouse, *domestic partner or parent; (4) military caregiver leave; or (5) a qualifying exigency.
"Medical leave" may be requested for an employee's own serious health condition. A "serious health condition" is one that: (1) requires continuing in-patient treatment by a Health Care Provider (HCP) in a medical facility or continuing treatment and/or supervision by a health care provider; (2) results in a period of incapacity of more than 3 full consecutive calendar days; (3) necessitates treatment 2 or more times by a HCP within a 30 day period (unless extenuating circumstances exist); (4) or necessitates treatment once, but also requires a continuing regiment of treatment. In the event of chronic conditions, HCP visits must occur at least 2 times each 12 calendar months.
Substitution of Paid Leave for Family Care and Medical Leave
Employees are required to use all accrued and available sick and vacation time for all family and medical leaves first, and then take the remainder of the designated leave as unpaid leave. When paid leave is available, all accrued sick leave must be exhausted before utilizing accrued vacation time. Accrued sick and/or vacation leave may also be used to complement short term disability (STD) compensation, when applicable. To receive STD benefits, employees must apply for coverage, and if approved, premiums will be deducted from the paychecks.
Amount of Leave
Provided all the conditions of this Policy are met, an employee may take a maximum of 12 weeks of family 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 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 1 year of the child's 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 taken for an employee's own serious health condition or family care leave for the serious health condition of the employee's spouse, domestic partner, 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 to an alternative position temporarily with equivalent pay and benefits that accommodate the employee's leave schedule.
Effect of Leave on Pay
Except to the extent that other paid leave is substituted for qualifying family and medical leave consistent with this Policy, such leave is unpaid.
Time Sheets and Exception Reports
Time sheets and exception reports must be completed during the period of the leave for exempt and non-exempt employees. Information should be submitted to the employee's supervisor and Payroll by the 5th working day of the following month, if not sooner.
Effect of Leave on Benefits
During approved, paid leave, the College will continue to pay the employer's portion of the applicable premium for participation in the College's group insurance plans for a specified period of time to the same extent and under the same terms and conditions as though the employee had not taken leave. The employee's portion will be deducted from their paycheck. However, during periods of approved, unpaid leave, an employee will be responsible for his or her portion of the applicable premium benefit costs, the payment for which must be received no later than the 5th of each month to avoid disruption or cancellation of such benefit coverage. The College will continue paying the employer's portion until such time employment is terminated. Other benefits will be governed in accordance with the terms of each benefit plan.
If an employee does not return to work at the conclusion of an approved family and medical leave, the employee may be liable for payment of the plan premiums paid by the College during any unpaid portion of your leave.
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Policy No. 602 Effective Date: 6/15/2011
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