Family and Medical Leave Act (FMLA)(Procedure 2.2200)
|Based on board policy number and Florida Statute: ||Effective Date:
|SCC Rule 1.020 (B)
||01/01/94 Rev. 1/22/97
To comply with the Family and Medical Leave Act (FMLA) of 1993 and not interfere with, restrain, or deny the exercise of any right provided under the FMLA.
- Definition - An eligible employee will be granted a total of 12 workweeks (450 hours) of unpaid leave, with job protection and no loss of accumulated service, during any 12-month period for one or more of the following reasons:
- To care for the employee's child after birth, or placement for adoption or foster care. Leave must conclude within 12 months of birth or placement and may be taken by either parent (see 3 below).
- To care for the employee's spouse, child, or parent, who has a serious health condition.
- To take a medical leave when the employee is unable to work because of a serious health condition.
- Eligibility - To be eligible for leave under this policy an employee must have been employed at SCC for 12 months, and worked at least 1,250 hours during the 12-month period preceding the leave. Beginning January 1, 1994, the FMLA year will be defined as a "rolling" 12-month period measured backward from the date the employee uses any FMLA leave.
- Spouse's Joint Leave - Husbands and wives employed by SCC are jointly entitled to a combined total of 12 workweeks of FMLA leave for the birth or placement of a child for adoption or foster care, or for each to care for their own parent (but not a parent "in-law") with a serious health condition.
Husbands and wives employed by SCC are each entitled to 12 workweeks of FMLA leave to care for the employee's own serious health condition or that of their spouse or child.
In no instance will an employee be allowed to exceed 12 workweeks of FMLA leave within a 12-month period.
- Use of FMLA Leave - Though FMLA leave is unpaid leave, an employee may use FMLA leave concurrently with paid sick and vacation leave. It is the employee's responsibility to make that determination.
The minimum amount of time increment provided for FMLA leave is a quarter hour.
The use of FMLA leave will not result in the loss of benefits earned or accrued prior to the start of FMLA leave.
- Advance Notice - The employee is required to provide advance leave notice. Ordinarily, the employee must provide 30 days advance notice when the FMLA leave is "foreseeable". A Family and Medical Leave Act Request for Leave Form (form number 110) must be signed by the employee and each person in the administrative channel through the level of Vice President (or President when there is no Vice President in the administrative channel) and then be forwarded to the Personnel Office.
An Application for Leave of Absence Form (form number 45) must be completed only if the leave requested is during a time period outside of the FMLA leave time period.
FMLA leave may be denied if requirements are not met.
- Notice to Employee Who Has Requested Family and Medical Leave Act Leave - Upon receipt of the leave form the Personnel Office will send the employee a notice informing the employee that the leave has been approved, disapproved, or is pending the College approval of the medical certification (needed only for serious health conditions). The notice also provides the employee with information about FMLA leave.
- Medical Certification - Employees are required to submit a Certification of Physician or Practitioner Form (form number 111) supporting the need for leave due to a serious health condition affecting the employee or employee's spouse, child, or parent. SCC may request additional medical opinions and periodic recertifications (at SCC's expense) before approving or continuing to approve FMLA leave. Once a decision has been made the Dean of Personnel Services will send the employee a Notice to Employee Who Has Requested Family and Medical Leave Act Leave Form (form number 112) which will indicate that the FMLA leave is either approved or denied. Taking of leave may be denied if requirements are not met.
- Certification of Leave Used - Employees must certify all leave used by completing the Certification of Absence Form (form 46). FMLA leave should be recorded on the form in the appropriate leave category, e.g. personal leave without pay.
A "fitness for duty" certification from the employee's physician or health care provider is required before an employee, who has been on FMLA leave for their own serious health condition, is reinstated.
- Employee Coverage in the College's Group Health and Term Life Insurance Plans (referred to as College-Provided Insurance's) - For the duration of authorized FMLA leave, SCC will continue to pay the College-provided insurance's. Employees who have exceeded the annual 12 workweek period for FMLA leave must within any calendar month, have the aggregate of eleven duty days, paid non-duty days, paid holidays, or days of approved leave with pay, to qualify for College-paid premiums for College-provided insurance for the next month of employment. If the eleven day criterion is not met the employee must pay the premiums for those College-provided insurance. Failure to make these payments may result in loss of these coverage's.
- Dependent Coverage in the College's Group Health Insurance and Supplemental Life Insurance - Employees who have the College's group health insurance for their dependents and/or the College's group term life insurance supplemental, must continue to pay the premiums for these coverage's. Failure to make these payments results in loss of these coverage's.
- Employee Assistance Plan - The premiums for the College's Employee Assistance Plan are paid by the College. Employees who are eligible and covered in the College's Employee Assistance Plan will remain covered by the plan during any authorized leave, whether paid or unpaid.
- Credit for Unpaid Leaves of Absence Under the Florida Retirement System -Members of the Florida Retirement System (FRS) may receive retirement credit for a total of two work years of creditable service for authorized unpaid leaves of absence under the FRS, subject to the Department of Administration Division of Retirement rule 60S-2.006. Contact the Personnel Office if you are interested in purchasing creditable service for such leave.
- Assistance or Interpretation - If you have questions or need assistance with the Family and Medical Leave Act of 1993, please contact the Personnel Office
||President, E.Ann McGee