3.04.09 - Family and Medical Leave

Policy Title: Family and Medical leave

Impact: Employees

Responsibility:

Effective Date: 12/21/1995

Revised Date:

Reviewed Date:

Relates to Procedure(s): 3.04.09

Legal Citation(s): Title 29, Part 825 of the Code of Federal Regulations

I. Family and Medical Leave

North Idaho College will implement The Family and Medical Leave Act and provide up to 12 weeks of leave (unpaid or a combination of unpaid leave and existing sick leave, annual leave or compensatory time) as required by the Family and Medical Leave Act to employees who qualify under the terms of the act.

Synopsis of the FMLA: The act requires the employer to grant an employee up to 12 weeks of leave during a 12-month period for: 

1. Childbirth or placement of a child into your care through adoption or foster care. Leave cannot be taken more than 12 months after the arrival of the child and must be taken as a consecutive period unless the supervising vice president agrees otherwise.
2. Care for the employee's parent, spouse or child who has a serious health condition. Leave may be taken intermittently when medically necessary.
3. Medical leave if the employee is unable to work because of a serious health condition.

Posters identifying Your Rights Under the Family and Medical Leave Act of 1993 will be displayed.

For purposes of tracking FMLA leave use and eligibility, the 12-month period within which an employee may qualify for up to 12 weeks of FMLA leave, will be measured forward from the date an employee first uses FMLA leave.

Procedure Title: Family Medical Leave

Impact: Employees

Responsibility:

Effective Date: 12/21/1995

Revised Date:

Reviewed Date:

Relates to Policy(s): 3.04.09

Legal Citation(s): Title 29, Part 825 of the Code of Federal Regulations

I. Family Medical Leave

1. Establish Eligibility:
   To be eligible for up to 12 weeks of Family and Medical Leave (FMLA leave), the employee must have:
   1. worked for the employer for at least 12 months.
   2. worked for the employer for at least 1,250 hours over the previous 12 months (approximately 22 hours per week).
   3. worked at a location where at least 50 employees are employed by the employer within 75 miles. FMLA regulations include special rules regarding length of leave, if a husband and wife work for the same employer.
2. Requirements:
   In addition to submitting the NIC leave request form, employees are required to:
   
   1. give the college 30 calendar days’ notice of the need for leave when it is foreseeable.
   2. use all compensatory time before going on leave without pay.
   3. obtain medical certification of serious health conditions using the U.S. Department of Labor form available at the Human Resources office.
   4. pay their share of the insurance premiums for the medical/dental/vision plans. The employer is obligated to maintain the employee's health insurance benefits during a period of FMLA leave. If the employee does not pay his/her portion of the insurance premiums and the employee is then dropped from coverage, the employee may regain coverage upon returning to work, provided the employee re-enrolls within 30 days of returning to work. If the employee does not return from leave, the college has the right to retrieve the college's contributions to the employee's insurance for the period of unpaid leave.
   5. schedule treatment of a serious health condition to avoid undue disruption of their normal work.
   6. provide periodic reports on health status and their intentions with regard to returning to work.
   7. provide certification of fitness-to-return-to-work prior to returning to work if the leave was for their own medical condition.
3. Response to Requests for FMLA Leave:
   The North Idaho College Human Resources Office will respond to the employee's request for FMLA leave via the U.S. Department of Labor form WH-381 titled Employer Response to Employee Request for Family or Medical Leave, or a similar document. The response will also include the Absence Form submitted regarding the requested leave.