A.POLICY

The Family and Medical Leave Act (FMLA) entitles eligible employees to take unpaid, job- protected leave for specified family and medical reasons, with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

B.POLICY GUIDELINES

Zane State College provides for its employees up to 12 weeks of leave if requested by an employee for one or more of the following reasons:

1. The birth of the employee’s child or to care for such child within one year of birth;
2. A child’s placement with the employee for adoption or foster care within one year of placement;
3. To care for a spouse, child, or parent (but not parent in-law) who has a serious health condition;
4. The employee’s own serious health condition that makes the employee unable to perform the essential functions of the position of such employee;
5. Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

Twenty-six work weeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

The leave for a newborn child or for adoption or foster care placement of a child must be completed within 12 months of the birth, adoption, or placement, and the leave may be taken in increments not to exceed 12 weeks in a 12-month period of time.

An employee must use all sick, vacation, and/or other leave hours, if available, for all of the 12-week period.

The 12-week leave will be a “rolling” 12-month period measured backward from the date of any FMLA leave usage.

Spouses who work for the College are limited to a combined total of 12 workweeks of leave in a 12-month period for the following FMLA-qualifying reasons:

1. The birth of a son or daughter and bonding with the newborn child;
2. The placement of a son or daughter with the employee for adoption or foster care and bonding with the newly-placed child; and
3. The care of a parent with a serious health condition.

Eligible spouses who work for the College are limited to a combined total of 26 workweeks of leave in a single 12-month period to care for a covered service member with a serious injury or illness (commonly referred to as “military caregiver leave”) if each spouse is a parent, spouse, son or daughter, or next of kin of the service member. When spouses take military caregiver leave as well as other FMLA leave in the same leave year, each spouse is subject to the combined limitations for the reasons for leave listed above.

To take FMLA leave, the employee must provide the College with appropriate notice. If an employee knows in advance that they will need FMLA leave they must give the College at least 30 days advance notice. If an employee learns of this need for leave less than 30 days in advance, the employee must give notice as soon as they can (generally either the day they learn of the need or the next work day). When an employee needs FMLA leave unexpectedly they must inform the College as soon as they can.

Leave for a serious health condition may be taken intermittently or on a reduced-time basis but only if such a schedule is needed for medical reasons.

The most common serious health conditions that qualify for FMLA leave are:

1. Conditions requiring an overnight stay in a hospital or other medical care facility;

1. Conditions that incapacitate an employee or a family member (for example, unable to work or attend school) for more than three consecutive days and require ongoing medical treatment (either multiple appointments with a health care provider, or a single appointment and follow-up care such as prescription medication);

1. Chronic conditions that cause occasional periods when an employee or family member are incapacitated and require treatment by a health care provider at least twice a year; and

1. Pregnancy (including prenatal medical appointments, incapacity due to morning sickness, and medically required bed rest).

The College requires certification from a health care provider concerning the health condition (including certification that the employee is needed to care for a family member), and an estimated time of return is needed. The College can also request an update of the certification after 30 days of leave is used. The College may request a second opinion, and the College will cover the cost. The College may also request a third opinion if the first and second opinion differ, and the College will cover the cost. If an employees need for leave