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DECA REGULATION

LEAVES AND ABSENCES: FAMILY AND MEDICAL LEAVE

SECTION ONE: PURPOSE
1.01 The purpose of this regulation is to provide guidance regarding the administration of leave under the Family and Medical Leave Act (FMLA).

SECTION TWO: APPLICABILITY
2.01 This regulation applies to all employees of the College District.

SECTION THREE: DEFINITIONS
3.01 "Serious Health Condition" means an illness, injury, impairment, or physical or mental condition involving inpatient care or continuing treatment by a healthcare provider.

"Incapacity" means the inability to work, attend school, or perform other regular daily activities due to a serious health condition, treatment thereof, or recovery therefrom.

"Treatment" includes examinations to determine if a serious health condition exists and evaluations of the condition in accordance with the FMLA regulations.

"Son or daughter" means biological, adopted, or foster child, step-child, a legal ward, who is either under age 18 or age 18 or older and "incapable of self-care because of a mental or physical disability" at a time FMLA leave is to commence.

"Spouse" means a husband or wife as defined or recognized in the State where the individual was married and includes individuals in a same-sex marriage.

"Days" shall mean College District business days, unless otherwise noted.

SECTION FOUR: GENERAL
4.01 Human Resources administers and monitors all leave policies and regulations. All hiring authorities and supervisors, however, are responsible for being familiar with this regulation and for assisting Human Resources in the fair and consistent application of this regulation.

  • SECTION FIVE: EMPLOYEE RIGHTS
    5.01     Employee rights include:
    12 weeks of job-protected leave per fiscal year for eligible employees.

  • Maintenance of health care benefits for employees only during the approved period of Family Medical Leave. (The employee will continue to pay his/her portion of the health and optional insurance premiums.)

  • Job restoration to the same or equivalent position upon expiration of FMLA leave.

  • Assurance that taking off FMLA leave will not count against the employee's attendance record.

  • SECTION SIX: MARRIED EMPLOYEES
    6.01     Married employees are jointly entitled to a combined total of twelve (12) work weeks of family leave for the birth of a child or placement of a child for adoption or foster care.

    SECTION SEVEN: ELIGIBILITY
    7.01     To be eligible for leave under the FMLA, a College District employee must have:

  • One (1) year of employment with the College District;

  • Physically worked 1,250 hours within a rolling calendar year; and

  • A federal qualifying reason according to the Family and Medical Leave Act:

  1. For the birth of a son or daughter, and to care for the new-born child;

  2. For placement with the employee of a son or daughter for adoption or foster care;

  3. To care for the employee's spouse, son, daughter, or parent with a serious health condition;

  4. Because of a serious health condition that makes the employee unable to perform the essential functions of the employee's job;

  5. Any qualifying exigency due to the employee's family member's (spouse, son, daughter, or parent) status as a covered military member on "covered active duty." Or has been notified of an impending call or order to cover active duty status; and

  6. To care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the covered service member.

SECTION EIGHT: INTERMITTENT/REDUCED SCHEDULE LEAVE

8.01 FMLA permits employees to take leave on an intermittent basis or to work a reduced schedule under the following circumstances:

  • Intermittent/reduced schedules may be taken when medically necessary for certain qualifying reasons.

  • When intermittent/reduced schedule leave is needed for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the College District's operation.

  • An employee on an intermittent/reduced schedule leave may be requested to provide an updated medical certification every 30 days or at other intervals as permitted by law.

  • Employees on intermittent or reduced schedule leave may not be required to work beyond the hours of their approved, modified schedule.

SECTION NINE: EMPLOYEE WORK RESTRICTIONS
9.01 Except in circumstances in which an employee has been approved to take intermittent or reduced hour leave, employees proved for continuous Family Medical Leave are prohibited from engaging in any employment with the College District or with another employer. Employees found in violation of this policy are subject to disciplinary action up to and including termination.

SECTION TEN: EMPLOYEE RESPONSIBILITIES

10.01 Employee responsibilities include:

  • When the need for FMLA leave (including intermittent or reduced work schedule leave) is foreseeable, the employee must provide his supervisor with 30 days prior notice, when possible. The employee shall complete and submit a request for Family or Medical Leave and obtain the supervisor's signature. The employee shall promptly transmit this information to Human Resources. If the employee fails to give timely advance notice when the need for leave is foreseeable, this may cause a delay in the approval of FMLA.

  • When the need for FMLA leave is not foreseeable, the employee or family member or representative of the employee must give notice to the employee's supervisor as soon as practicable (generally within two workdays after the leave begins). The employee and/or supervisor shall complete and submit the Request for Family or Medical Leave. The supervisor shall promptly transmit this information to Human Resources.

  • Provide periodic reports on status and intent to return to work.

  • Employees must give notice of their intent to return to duty before expiration of the FMLA leave. The employee ordinarily shall give 24-48 hours' notice of his or her projected date of re- tum. Such notice is necessary to minimize potential workplace disruption and to allow for the smooth transition of assignments from other employees to returning employees.

  • Provide medical certification within 15 calendar days of Human Resources request.

    • It is the employee's responsibility to obtain and submit a complete and sufficient Certification of Health Care Provider forms to Human Resources. A certification is considered incomplete if Human Resources receives a certification form, but one or more of the applicable entries have not been completed. A certification is considered insufficient if the employer receives a complete certification, but the information provided is vague, ambiguous, or non-responsive. When Human Resources receives an incomplete or insufficient form, Human Resources will return the Certification form to the employee and allow 70 calendar days for the employee to cure the deficiency. If the deficiencies specified are not cured in the resubmitted certification, The College District reserves the right to deny the FMLA leave request. A certification that is not returned by the deadline date is no longer considered incomplete or insufficient but constitutes a failure to provide certification and FMLA can be denied.

    • When approved for intermittent FMLA an employee is responsible for time entry of FMLA-protected leave in the time card system.

    • An employee who does not return to work after exhaustion of FMLA may be subject to termination. The employee no longer has job protection rights under the FMLA.

    • An employee who fails to comply with the following Family and Medical Leave Regulations may be subject to disciplinary action up to and including termination.

SECTION ELEVEN: FITNESS FOR DUTY CERTIFICATION
11.01 If the employee was absent due to his or her serious health condition, the employee must submit a fitness-for-duty certification from his or her healthcare provider before the expiration of the FMLA leave. If the employee fails to provide a requested fitness-for-duty certification, the College District may delay job restoration until the employee submits the certificate. The costs associated with obtaining the certification shall be the employee's responsibility. The fitness-for-duty requirement may also apply to employees returning from intermittent or reduced schedule leave.

SECTION TWELVE: RECERTIFICATION
12.0l Employees may be required to submit medical recertification from their health care providers either every 30 days or the minimum duration of the incapacity or treatment period designated by the health care provider, whichever is greater. The College District also may require recertification when:

  • The employee requests an extension of leave.

  • The circumstances of the original certification have changed significantly.

  • If the College District receives information that casts doubt on the continuing validity of the original certification and;

    • In all cases the College District may request recertification of a medical condition every six months in connection with an absence by the employee even if the medical certification indicates the need for intermittent or reduced schedule leave for a period over six months (e.g., for a lifetime condition).

    • The employee must provide the requested recertification to Human Resources within at least 15 calendar days after the request unless it is not practicable under the particular circumstances to do so.

SECTION THIRTEEN: REQUESTING FMLA STATUS AFTER RETURNING FROM LEAVE
13.01 If an employee takes leave for an FML reason but has not formed the College District, and the employee desires that the leave be counted as FML leave, the employee must notify Human Resources by submitting a Request for FMLA within two (2) business days of returning to work and must follow all steps required to request Family Medical Leave. In the absence of such timely notification by the employee, the employee may not assert FMLA protection for a previous absence.

SECTION FOURTEEN: SUPERVISOR RESPONSIBILITIES
14.01 The role of the supervisor is to transmit information to Human Resources and to apprise Human Resources of employee absences that might be due to an FMLA-qualifying reason. Supervisors do not determine FMLA eligibility. A supervisor shall immediately notify Human Resources whenever the following occurs:

  • An employee provides oral or written notice that there is a medical reason for an absence. The employee need not specifically reference "FMLA" leave or disclose the condition when requesting leave.

  • A supervisor becomes aware that an employee was absent or is absent due to a potential FMLA-qualifying reason.

  • An employee is absent due to a work-related injury covered by Workers' Compensation. In most instances, FMLA leave, and Workers' Compensation leave will run concurrently. FMLA leave ordinarily will commence on the first full day of absence due to a work-related injury. Supervisors must inform Human Resources when a work-related injury occurs.

  • Supervisors are responsible for ensuring your employee enters any intermittent time entry of FML-protected hours.

  • Supervisors are responsible for time entry of continuous FMLA-protected leave in the timecard system:

1st: FMLA Sick until exhausted;

2nd: FMLA Catastrophic when notified by Human Resources of approval by the Manager of Payroll. This should only be entered after approval of the Manager of Payroll and notification by Human Resources.

3rd: FMLA Vacation until exhausted and;

4th: FMLA Leave without Pay.

Supervisors must be mindful of the fact that the law provides the employee with a legal right to refrain from any work during the period of leave. During an approved FMLA absence, to avoid confusion or disputes, supervisors may not require the employee to work while on leave and employees may not volunteer to work while on leave. Supervisors shall keep any contact to an absolute minimum.

SECTION FIFTEEN: HUMAN RESOURCES BENEFITS RESPONSIBILITIES
15.01 Upon notice of a request for leave, Human Resources will evaluate the following FMLA Requirements:

  1. Employee has worked at the College District for at least 12 months; 

  2. whether the employee worked 1,250 hours in the 12 months immediately preceding the commencement of the leave; 

  3. and whether the employee has already used 12 weeks of FMLA time in the rolling calendar year before the request. If the employee does not satisfy these requirements, the employee is not entitled to FMLA leave and will be notified, ordinarily within five (5) business days of the employee's notice.

  • Medical certification is not required for adoptions, or foster care; however, non-medical documentation may be required to substantiate a claim when necessary (such as a birth certificate, court order, official correspondence from a foster care agency or adoption agency, or other official documentation).

15.02 Upon receipt of the Request for FMLA, Human Resources shall send an FMLA- information packet to the employee by either certified mail, regular, and/or email with instructions for completing the required forms. The information packet ordinarily will be sent within five (5) business days of the employee's notice.

  1. The FMLA information packet will include the following forms and formation sheets:

  • FMLA Initial Designation Letter providing the Certification of Health Care Provider Form due date, and;

    • FMLA Eligibility Notice and Statement of Employee's Rights and Responsibilities;

  • FMLA "Checklist" for Employees Ce1tification of Health Care Provider for Employee's Serious Health Condition; or

  • Certification of Health Care Provider for Family Member's Serious Health Condition; or

  • Certification for Serious Injury or Illness of a Current Service Member for Military Family Leave; or

  • Certification of Qualifying Exigency for Military Family Leave;

  • If leave is for the employee's illness, a current copy of the employee's job description listing the employee's essential job functions; and

  • The initial letter, which will advise whether the employee is a "key" employee (among the highest-paid IO percent of all the College District's employees) who might be denied job restoration after the expiration of leave.

The Vice President of Business Affairs is responsible for reviewing and updating this regulation. Policy reviews are made in accordance with the Office of Institutional Effectiveness Policy Tracking document.

Document History

Adopted: 02/2023