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Table of Contents   FAMILY AND MEDICAL LEAVE (FMLA)
     

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Title IX: Non-Discrimination and Prevention of Sexual Harassment Policy

 

 

 

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.


ELIGIBILITY REQUIREMENTS

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.
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UTILIZATION OF LEAVE 

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.
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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.
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ROLLING "TWELVE-MONTH" PERIOD

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.)
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MEDICAL CERTIFICATION

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

  • as a period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involve continuing treatment by (or under the supervision of) a health care provider; or
  • any period of incapacity due to pregnancy, or for prenatal care; or
  • any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or
  • a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer’s, stroke, terminal disease, etc.); or
  • any absences to receive multiple treatments (including any period of recovery that follows) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, radiation, physical therapy, dialysis, etc.)
  • 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.
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    RETURN TO WORK GUARANTEE

     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.)
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    ADVANCE NOTICE

     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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    Department of Human Resources | Highline Community College
     2400 S. 240th Street | P.O. Box 98000, M.S. 99-200
     Des Moines, WA  98198-9800
     Phone:   (206) 878-3710, ext. 3812 | Jobline: (206) 870-3751
     Fax: (206) 870-3773 | TTY:  (206) 870-4853

     
     
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