IS-2006 Family and Medical Leave (Policy)

Human Resources

Revision 3: 11/23/00
Revision 4: 11/4/04

Policy

CNM Board Policy

Employee Handbook 8.06, Medical Leave

Employee Handbook 8.07, Family Leave

Administrative Directive

Introduction

In compliance with the federal Family and Medical Leave Act of 1993 (FMLA, Public Law No.103-3, 07 Stat. 6 29 U.S.C. 2601 et seq.), Central New Mexico Community College CNM) provides eligible employees up to twelve (12) weeks of unpaid, job protected leave within a twelve (12) month period for certain family and medical reasons.

FMLA leave is job protected leave which means CNM will reinstate the employee returning from FMLA leave to the same or equivalent position with equivalent pay and benefits.

It is illegal for any employer/supervisor to interfere with, restrain, or deny any right provided by the FMLA or to discriminate against an employee for requesting FMLA leave.  This policy outlines the conditions under which an employee may request unpaid FMLA leave to care for certain members of the employee's family or request medical leave for the employee's own serious health conditions.

1. Eligible Employees

To be eligible for FMLA leave, an employee must:

  • have been employed for at least twelve (12) months in total, and
  • must have worked at least one thousand two hundred fifty (1,250) hours during the twelve (12) month period preceding the start of the leave.

2. Events Eligible for Unpaid FMLA Leave

Eligible employees may take unpaid FMLA leave for the following reasons:

2.1 Birth, Adoption, or Foster Care
Eligible employees may take unpaid FMLA leave to care for a child upon birth or to care for a child placed with the employee for adoption or foster care.  Unpaid FMLA leave must conclude within twelve (12) months of the birth or placement.

Upon supervisor approval, employees may use annual leave before going on unpaid FMLA leave, but they are not required to exhaust leave banks before requesting unpaid FMLA leave.

If both parents are employees of CNM, unpaid FMLA leave taken to care for a child upon birth or to care for a child placed with the employee for adoption or foster care is limited to a combined total of twelve (12) weeks.  (Unpaid FMLA leave taken for the serious health condition of the employee or child would not be subject to the combined limit).

2.2 Medical Reasons
Employees may use annual and sick leave before going on unpaid FMLA leave for medical reasons, but they are not required to exhaust leave banks before requesting unpaid FMLA leave.

2.2.1 FMLA Leave for Family Medical Conditions
Eligible employees may take unpaid FMLA leave to care for a member of an employee's immediate family who has a serious health condition as defined in Section 2.2.3. Immediate family as defined by the Family and Medical Leave Act of 1993 is spouse, parent, son, or daughter.

2.2.2 Unpaid FMLA Leave for Employee's Medical Condition
An eligible employee may take unpaid FMLA leave when the employee is unable to perform the functions of his or her position because of a serious health condition as defined in Section 2.2.3.

2.2.3 Serious Health Condition
A serious health condition means an illness, injury, impairment, or physical/mental condition that involves:

  • any  period of incapacity or treatment connected with inpatient care in a hospital, hospice, or residential medical care facility; or

  • any period of incapacity requiring continuing treatment by a health care provider.

Typical examples of a serious health condition include, but are not limited to:

  • severe respiratory condition

  • appendicitis

  • emphysema

  • severe nervous disorder

  • injury caused by a serious accident on or off the job

  • back condition requiring extensive therapy or surgical procedures

  • pregnancy

Serious health conditions do not include short-term conditions such as a minor illness that lasts a few days, and surgical procedures that typically do not involve hospitalization and require only a brief recovery period.

Work-related injuries will be charged against the twelve- (12) weeks of FMLA leave.

3. Notice to Employees

Within two (2) business days of an employees initial request for unpaid FMLA leave, the supervisor must provide the employee with information about the FMLA and the specific expectations and obligations of the employee under the FMLA and the consequences of failing to meet those obligations on the Employer Response to Employee form (WH-381).  A supervisor must confirm or deny, in writing to the employee within two (2) business days after receiving a request, whether the employee is eligible to take unpaid FMLA leave.  An employee is presumed eligible unless the supervisor notifies the employee of ineligibility.

4. Request for Unpaid FMLA Leave

When the need is foreseeable, such as birth or adoption of a child or planned medical treatment, an employee shall submit a request for unpaid FMLA leave to his or her supervisor thirty (30) days before the start of the leave period, or as soon as possible.  When possible, the employee should make efforts to schedule leave so as not to disrupt College operations.

When an employee requests family medical leave, the completed Certification of Health Care Provider form (WH-380) and Request for Unpaid FMLA Leave form must be processed and reviewed.  The supervisor then notifies the employee, in writing, of their eligibility to take FMLA and of their reemployment and benefit rights (WH-381) within two (2) business days of the request.

4.1 Medical Certification
The College will require medical certification to support a request for unpaid FMLA leave for medical reasons using the form approved by federal regulations and issued by the Department of Labor.  The Certification of Health Care Provider form (WH-380) may be obtained on-line or from the Human Resources Department.  The College may require a second medical opinion and periodic re-certification at the Colleges expense.  In cases of illness, the employee will be required to report periodically, as instructed by his or her supervisor, on his or her leave status and intentions to return to work.

4.2 Employees Health
For the employees own medical leave, the medical certification must include a statement that the employee is unable to perform the functions of his or her position.

4.3 Family Health
For leave to care for a seriously ill family member, the medical certification must include an estimate of the amount of time the employee is needed to provide care.

4.4 Intermittent Leave Schedule
If medically necessary for a serious health condition of the employee or the employees family member, leave may be taken on an intermittent or reduced leave schedule.  If leave is requested on this basis, the College may require the employee to transfer temporarily to an alternate position that better accommodates recurring periods of absence or a part-time schedule, provided that the position has the equivalent pay and benefits.

The medical certification for intermittent leave or leave on a reduced schedule for planned medical treatment must include the dates on which treatment is expected to be given and the duration of such treatment.  The supervisor and employee must agree on the employees normal schedule or average hours worked each week and document the agreement in writing.

5. Amount of Unpaid FMLA Leave

The College provides eligible employees up to twelve (12) weeks of unpaid, job-protected leave within a twelve (12) month period for certain family and medical reasons.

5.1 Twelve (12) Month Period
The College defines the twelve (12) month period as a rolling twelve (12) month period measured backward from the date an employee uses any unpaid FMLA leave.

5.2 Holidays
If a holiday(s) falls during a week when an employee is on unpaid FMLA leave, the week is still treated as a full week of unpaid FMLA leave and counts toward the total twelve (12) weeks allowed.

6.Workers' Compensation

If an employee experiences a job related injury or illness, the supervisor shall notify the employee that s/he is being placed on FMLA leave.  The amount of unpaid FMLA leave an employee would be eligible to take will be reduced by time off covered under Workers Compensation (Employee Handbook Section 6.07).

7. Return to Work

An employee returning to work following a leave of absence due to his or her own serious health condition must submit a physicians statement certifying that the employee can return to work and can perform the essential functions of the job, with or without reasonable accommodations.

7.1 Reinstatement of Employee
The employees department must reinstate the employee returning from unpaid FMLA leave, within the approved leave period, to the same or equivalent position with equivalent pay, benefits, and other employment terms and conditions.

However, an employee on unpaid FMLA leave does not have any greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the unpaid FMLA leave period.  An employee has no right to reinstatement if the employee would not have otherwise been employed at the time of the request for reinstatement.  Unpaid leave beyond twelve (12) weeks may be granted, however, the employees right to return to his or her position is not guaranteed.

7.2 Failure to Return
If an employee fails to return within three (3) work days after an approved leave, including any approved extensions, the employee will be considered to have resigned (Employee Handbook, Section 8.19 Absence Without Leave).

8. Benefits Coverage While on Unpaid FMLA Leave

While an employee is on unpaid FMLA leave, the status of various College-sponsored benefit programs will be as follows:

8.1 Health Insurance
The employee must pay their portion of any health insurance premiums at the beginning of each month.

8.2 Life Insurance
The College will continue the employees life insurance during the period the employee is on unpaid FMLA leave.

8.3 Retirement
The College does not pay the employer portion of the retirement plan during the period that the employee is on unpaid FMLA leave.  The period that the employee is on unpaid FMLA leave does not count as earned service time for retirement formula calculations.

8.4 Annual, Sick, and/or Personal Leave
The employee will not accrue annual, sick, and/or personal leave during the period that the employee is on unpaid FMLA leave.

8.5 Holidays
Employees on unpaid FMLA leave are not eligible for holiday pay.

9. Record Keeping Requirements

The Human Resources Department is required to keep all documentation pertaining to unpaid FMLA leave requests for three (3) years. The documentation must include the following:

  • Dates of unpaid FMLA leave taken by employees.  Leave must be designated as FMLA leave. If FMLA leave is taken in increments of less than one (1) full day, the hours of the leave must be recorded.

  • Copies of employee notices of leave furnished to the employer under FMLA, if in writing, and copies of all required general and specific written notices given to employees.

  • Records of any dispute between the employer and an eligible employee regarding designation of leave as FMLA leave.

10.  Confidentiality of Medical Records

The Human Resources Department will maintain records and documents relating to medical certifications, re-certifications, or medical histories of employees or employees family members in separate files and treat them as confidential medical records.  Supervisors and managers will have access to their employee medical records on a need-to-know only basis in order to consider work restrictions and reasonable accommodation requests.  First aid and safety personnel may be informed if a medical condition might require emergency treatment.  Government officials will be provided relevant information upon request.

 


Forms:

Support Materials:

FMLA Leave Request Memo (template)
IS-2093, Workers' Compensation

Reference Materials: