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| Table of Contents | FAMILY AND MEDICAL LEAVE (FMLA) | |||||||||||||||||||
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Pursuant to the federal Family and Medical Leave Act of 1993, eligible Highline Community College employees are entitled to a total of up to twelve (12) work weeks of unpaid leave following a birth of a child, the placement of a child with the employee for adoption or for foster care, to care for a spouse, son, daughter, or parent with a serious health condition, or for the employee’s own serious health condition. Upon return from Family and Medical Leave, under FMLA the employee is guaranteed the ability to resume the same or an equivalent position. Employees eligible for
Family and Medical Leave are those who have worked at least twelve (12)
months for Highline Community College and at least 1,250 hours during the
twelve (12) months before the leave is requested. A combination of vacation leave, personal holiday, compensatory time, sick leave, if applicable, and leave of absence without pay may be used to cover family leave due to any of the aforementioned reasons. Appropriate accumulated leave balances shall be used first, after which leave without pay shall be granted. If an employee has accumulated vacation or sick leave balances that can be used for the duration of the twelve (12) week period, additional unpaid Family and Medical Leave will not be granted. Leave taken to care for a spouse, child or parent who has a serious health condition, or for the employee’s serious health condition may be taken intermittently or on a reduced time basis (e.g., by working fewer hours in a day), but only if such a schedule is certified by a medical authority as necessary for medical reasons. Leave taken following the birth or adoption of a child or placement of a foster child must be taken all at one time. In the case of two employees who both work for Highline Community College
and share a family relationship as specified in this policy, the full amount
of Family and Medical Leave will be limited to an aggregate of twelve (12)
weeks total. MAINTENANCE OF BENEFITS AND PAYBACK The college will maintain employer-paid health care coverage for the
duration of the twelve (12) weeks of leave for employees who were eligible
for health care coverage before the leave period began. If an employee fails
to return to work after the expiration of Family and Medical Leave for
reasons other than the serious health condition of the employee or
employee’s immediate family member or other reasons beyond the employee’s
control, the college shall be allowed to charge the employee retroactively
for the full premium cost of the health care coverage. The "twelve-month" period used to determine when an employee is entitled to twelve (12) weeks of unpaid Family and Medical Leave will be determined by using a rolling twelve (12) month period measured forward from the date an employee’s first Family and Medical Leave begins. (For example, if an employee took eight (8) weeks of Family and Medical
Leave beginning on January 3, 2000, s/he would be eligible for only another
four (4) weeks prior to the period ending January 2, 2001. On January 3,
2001, the employee would be eligible for another twelve (12) weeks. If the
second occurrence began April 5, 2000, the employee would not be eligible
again until April 5, 2001.) A serious health condition is defined as a health condition that involves: (a) inpatient care in a hospital, hospice, or residential medical care facility, or (b) continuing treatment by a health care provider. A serious health condition is further defined The college will require certification from a health care provider stating the nature of the condition, the date on which the condition commenced and the probably duration of the condition and a statement that the employee cannot perform the essential functions of his/her job. If the leave is to care for a family member, it must also include a statement from the health care provider that the employee is needed to care for the family member and an estimate of the time needed. The college reserves the right to request a second opinion at the college’s expense from a health care provider who is designated or approved jointly by both Highline Community College and the employee. If the second opinion differs from the original opinion, a third opinion may be requested, again at the expense of the college, by someone designated or approved both by the employee and the college. This third opinion will be considered final and binding on both the employee and the college. When a leave is required for a serious health condition with planned
medical treatment, the employee should make a reasonable effort to schedule
treatment so that disruption to the operations of the college is minimized. Any employee utilizing such leave will
return to the same or an equivalent position and benefits upon return from
the leave. This guarantee shall not exceed twelve (12) weeks duration. Any
employee who utilizes any combination of Family and Medical Leave and either
paid or unpaid leave in excess of twelve (12) weeks will not be guaranteed
the ability to return to the same or an equivalent position. (This policy
shall not supersede the laws, rules and regulations concerning on-the-job
injuries covered under workers compensation.) If the necessity for leave is foreseeable, the employee shall provide not less than thirty (30) days’ notice, except in cases where treatment requires leave to begin in less than thirty (30) days. Then the employee shall provide as much notice as is practicable. Employees requesting Family and Medical Leave shall do so with as much notice as possible by submitting a written request to the Director of Human Resources with a copy to the employee’s supervisor. If Family and Medical Leave is requested due to a serious illness of either the employee or an applicable family member, a Family or Medical Leave Certification Form must be completed and submitted along with the written request.
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