505 Unpaid Family and Medical Leave (FMLA)

In accordance with the Family and Medical Leave Act of 1993 (FMLA) and other applicable law, the College grants eligible employees up to 12 weeks of FMLA leave during any 12-month period, and up to 26 weeks of leave in any 12-month period for military caregiver leave (defined below).

Eligibility:

To qualify for FMLA leave, an employee must: (1) have worked for Centre College for at least 12 months, though it need not be consecutive; (2) have worked at least 1,250 hours in the 12 month-period immediately preceding the date when leave is to commence; and (3) be employed at a location where 50 or more employees are employed by the employer within 75 miles of that location.

Leave Entitlement:

An eligible employee may take up to 12 weeks of FMLA leave in a 12-month period, which is measured using a "rolling" method as defined below, for any of the following reasons:

• the birth of a child and in order to care for that child (leave to be completed within one year of the child’s birth);
• the placement of a child for adoption or foster care and in order to care for the newly placed child (leave to be completed within one year of the child’s placement);
• to care for a spouse, child or parent with a serious health condition;
• to care for the employee’s own serious health condition, which renders the employee unable to perform the functions of the employee’s job; or
• a qualifying exigency of a spouse, son, daughter or parent who is a covered military member on covered active duty or called to covered active duty (referred to as qualifying exigency leave).

An eligible employee may take up to 26 weeks of FMLA leave in a single 12-month period to care for a family member who is a covered military member and who has experienced a serious injury or illness related to active-duty service (known as military caregiver leave).

*The College also permits the following reasons for absences under sick/FMLA which are not part of the required FMLA guidelines:

• To care for a family member, in the event of a serious health condition, as defined under FMLA for whom the staff member has power of attorney, and for the employee’s mother-in-law and father-in-law.
• In extraordinary cases where the spouse/domestic partner (as defined on page 53), or parent could not provide self-care as provided for under the FMLA, but does not meet the more than 3 day requirement of FMLA, the employee could utilize one to two days of sick leave. An example would be when the spouse/partner or parent was having outpatient surgery and may need transportation on the day of treatment, or another example would be when they needed chemo treatments and needed someone to drive them.

"Rolling" method:

An eligible employee may take up to 12 weeks of unpaid FMLA leave in a 12-month period. The College uses a "rolling" method, which measures the 12-month period backward from the date that an employee uses any FMLA leave for any reason.  In other words, each time that an employee takes FMLA leave, the remaining leave entitlement is the balance of the 12 weeks which has not been used during the immediately preceding 12 months.

Both Spouses Employed by Centre College:

Spouses who both work for the College who are both eligible to take leave for the birth of a child, adoption or placement of a child in foster care, should refer to the Parental Leave Policy. Spouses who both work for the College who are both eligible to take military caregiver leave or a combination of military caregiver leave and certain types of other FMLA leave may only take a combined total of 26 weeks of leave.

Procedure for Requesting Leave:

Any employee requesting FMLA leave must provide notice with an explanation of the reason(s) for the leave to their supervisor and Human Resources. If the employee’s need for FMLA leave is foreseeable, the employee must give the College at least 30 days’ prior notice. If this is not possible, or where the need for leave is not foreseeable, the employee is expected to notify the College as soon as practicable, generally within one to two business days, of learning of the need for leave, except in extraordinary circumstances.

The College may require that an employee’s leave to care for the employee’s covered family member with a serious health condition, or due to the employee’s own serious health condition, be supported by a certification issued by the health care provider of the employee or the employee’s family member.

The College may also require that an employee’s leave because of a qualifying exigency or to care for a covered service member with a serious injury or illness be supported by a certification.

If the College has reason to doubt the validity of a medical certification, it may require the employee to obtain a second medical opinion at the College’s expense. In the event of conflicting opinions, the College may require the employee to obtain certification from a third health care provider, again at the College’s expense, which opinion will be final and binding.

If the employee requests an extension of the leave period, the College may require recertification.

Reporting While on Leave:

If the employee takes leave because of the employee’s own serious health condition or to care for a covered relative, the College requests that the employee report periodically to his/her supervisor and Human Resources regarding the employee’s status and intention to return to work. In addition, the employee must give notice as soon as practicable if the dates of leave change or are extended or initially were unknown and become known.

Unpaid FMLA Leave; Substitution of Paid Leave; Concurrent Leave:

FMLA leave is unpaid. Employees are required to substitute any accrued, unused paid vacation leave and any accrued, unused paid sick leave (in accordance with existing sick leave policies) for unpaid FMLA leave.

The term “substitute” as used in this section means that the paid leave provided by the College, and accrued pursuant to the College’s policies, will run concurrently with unpaid FMLA leave.

The use of accumulated paid leave does not extend the 12 or 26 weeks (whichever is applicable) of the FMLA leave period. In no case can the use of paid leave result in an employee’s receipt of more than 100% of their salary. FMLA-qualifying absences that exceed an employee’s accumulated paid leave allotment will be unpaid. An employee’s FMLA leave runs concurrently with all other types of applicable leave to the extent permitted by the College’s policy and applicable law.

Health Benefits:

During approved FMLA leave, the College will maintain the employee’s health, dental and vision plan benefits (and life insurance coverage for those eligible) as if the employee continued to be actively employed. Employees are responsible for paying their portions of premiums. Arrangement for payment of premiums should be made through the payroll office.

Intermittent and Reduced Schedule Leave:

If certified as medically necessary, FMLA leave occasioned by a serious health condition may be taken intermittently or on a reduced leave schedule. If an employee needs intermittent leave or leave on a reduced leave schedule that is foreseeable based on planned medical treatment for the employee, a family member, or a covered service member, including during a period of recovery from the employee’s own serious health condition, a serious health condition of a spouse, parent, son, or daughter, or a serious injury or illness of a covered service member, the College may require the employee to transfer temporarily, during the period that the intermittent or reduced leave schedule is required, to an available alternative position for which the employee is qualified and which better accommodates recurring periods of leave than does the employee’s regular position.

Returning From Leave:

If the employee takes leave (except for intermittent leave or leave on a reduced leave schedule) because of the employee’s own serious health condition, the employee is required to provide medical certification that the employee is fit to resume work. The employee will not be permitted to resume work until such certification is provided.

Upon returning from approved FMLA leave, the College will restore the employee to their former job or an equivalent position, subject to the terms, limitations and exceptions provided by law.