Human Resources

Family and Medical Leave Act

06:51:00 Family and Medical Leave Act

1. In compliance with the Family Leave Act of 1993, it is the College’s policy to provide eligible male and female employees up to twelve workweeks of leave during a twelve month period for personal or dependent’s illness or injury or upon the birth of a child or placement of a child for adoption or foster care. During the leave period, there is the provision of continued health insurance coverage and employee reinstatement to the same or an equivalent position following the leave period.
2. In order to be “eligible” under the Family Medical Leave Act guidelines, employees must (1) have worked for the state for at least for at least twelve (12) months and (2) have worked at least 1,250 hours during the year preceding the start of the leave. Determination is based on the amount of service (including prior service) possessed by the employee as of the date the leave actually begins. The policy includes both regular and temporary employees. However, the College is not obligated to restore an employee hired for a specific term or to complete a project.
3. The FMLA provides very specific information regarding the appropriate use of FMLA. Detailed information is available regarding the following: (1) Eligibility requirements; (2) Qualifying events under the FMLA; (3) Definitions of “serious health conditions”; (4) Definition of a “health care provider”; (5) Determination of the twelve-week work period; (6) Time limitations. (7) Designation of paid and unpaid leave toward the employee’s twelveweek leave entitlement; (8) Calculation of the FMLA work week. Detailed information on these and other aspects of FMLA are outlined in TBR Policy No. 5:01:01:14.
4. Employee notification requirements are as follows:
   1. Although an employee giving notice of the need for FMLA does not need to express his rights under FMLA or even mention FMLA, sufficient information must be provided to the designator (President,/Director/Chancellor/or the employee’s designee) in order to determine that leave is for an FMLA qualifying event;
   2. When the need for FMLA is foreseeable, at least thirty (30) days advance notice prior to the date the leave is to be begin should be provided. If this is not possible, notice must be given as soon as practical, normally within one (1) or two (2) business days of when the employee knows the date will be needed;
   3. The employee should notify the supervisor of the need for leave and the anticipated timing and duration of the leave. The form for requesting FMLA leave is available from Human Resources.
   4. Employee medical certification requirements are as follows:
      1. The designator may require that an employee’s request for unpaid FMLA leave be supported by certification from a health care provider. Request for medical certification should be made at the time the employee requests leave or as close as possible to that date. The requirement may be made verbally or in writing and must allow a minimum of fifteen (15) calendar days for the employee to provide the certification;
      2. An employee on paid FMLA leave is required to provide medical certification only in accordance with the provisions of the appropriate TBR leave policies; (3) The designator’s written notification to the employee that the leave may qualify as FMLA leave must include information regarding the medical certification requirement as well as the consequences for not providing medical certification.
      3. Allowable medical certification information requested by the designator from a health care provider is as follows: (1) Certification as to which part of the definition of “serious health condition”, if any, applies to the patient’s condition and how the medical facts support the criteria of the definition; (2) A brief statement of the treatment regimen prescribed for the condition; (3) The date the serious health condition began and that health care provider’s medical judgement of the probableduration of the condition; (4) An indication of whether or not intermittent leave or a reduced schedule will be required and the probable duration of the period.
5. For detailed information on the FMLA, see TBR Policy No. 5:01:01:14.

Approved: Executive Staff, 05/20/09
Approved: President’s Cabinet, 05/20/09
Approved: President, 05/20/09
Reviewed and Revised by: Human Resources, November 2000