Family and Medical Leave Act
E.6.01 - Eligibility
An employee who has been employed by the System for at least twelve months and for 1,250 hours during the previous twelve month period, shall be entitled to a total of twelve workweeks of Family Medical Leave Act (FMLA) leave, without loss of any employment benefit accrued prior to the beginning of the leave, during any twelve month period for one or more of the following reasons:
a. Because of the birth or adoption, including placement for foster care, of the employee's child and in order to care for the child, provided the leave is taken within 12 months of the birth, adoption, or placement of the child. By agreement between the employee and the System, this leave may be taken intermittently or on a reduced leave schedule;
b. To care for the employee's spouse, child, or parent if the spouse, child or parent has a serious health condition; or
c. A serious health condition of the employee.
E.6.02 - FMLA Year
The twelve-month leave year shall correspond to the System's fiscal year, beginning on September 1 and terminating on August 31.
E.6.03 - Intermittent Leave Option
An eligible employee may take FMLA leave intermittently or on a reduced leave schedule when medically necessary to care for a spouse, parent, or child or to receive planned medical treatment for him or herself.
The System may allow an employee to take intermittent FMLA leave for child care or adoption purposes, but only if an eligible employee complies with the 30 days' notice requirement for leave that is foreseeable.
If an employee requests FMLA leave to care for a spouse, parent, or child or because of his or her own serious health condition that is foreseeable, based on planned medical treatment, the System may require the employee to transfer temporarily to an available alternative position offered by the System for which the employee is qualified and that has equivalent pay and benefits and better accommodates recurring periods of leave than the employee's regular employment position.
E.6.04 - Instructional Employees
An eligible instructional employee who requests FMLA leave to care for a spouse, parent, or child, or because of his or her own serious health condition that is foreseeable, based on planned medical treatment, and who would be on leave greater than 20 percent of the total number of working days in the period during which the leave would extend, may be required to choose either to:
a. Take FMLA leave for periods of a particular duration not to exceed the duration of the planned medical treatment; or
b. Transfer temporarily to an available alternative position offered by the System for which the instructional employee is qualified, and that has equivalent pay and benefits and better accommodates recurring periods of leave than the teacher's regular employment position.
E.6.05 - Continuity of Health Plan Coverage
During any period that an eligible employee takes FMLA leave, the System shall maintain coverage under any "group health plan" for the duration of the leave at the level and under the conditions coverage would have been provided if the employee had continued in active duty with the System. However, the employee will be responsible for paying dependent coverage.
E.6.06 - Use of Vacation and Sick Leave
Any accrued sick and compensatory leave balances must be taken before taking unpaid FMLA leave. The use of accrued sick leave is restricted to those circumstances that would otherwise qualify the employee for sick leave usage under System policies. However, an employee taking FMLA leave and receiving workers' compensation benefits may not use sick leave until the FMLA leave has expired.
The System shall not require employees to use FMLA leave concurrently with all applicable paid leave or with workers compensation leave. Employees may use this leave after exhausting all applicable paid and temporary disability leave.
An employee may use FMLA leave intermittently or on a reduced leave schedule upon written agreement between the System and the employee, for the care of a newborn child or upon the adoption or placement of a child with the employee.
Upon request for FMLA leave for the employee's serious health condition or that of a spouse, parent, or child, the employee shall provide medical certification of the illness or disability. The employee must provide re-certification not more often than every 30 days thereafter unless:
a. The employee requests an extension;
b. There are significant changes in circumstances; or
c. The System receives information that casts doubt upon the continuing validity of the certification.
The employee's request for reinstatement shall be accompanied by medical certification of the employee's ability to perform essential job functions.
If, at the expiration of the FMLA leave, the employee is able to return to work but chooses not to do so, the System shall require reimbursement of the employee benefits contribution made by the System during the period in which such leave was taken as unpaid leave.
The System may uniformly require, as a prerequisite for reinstating an employee whose FMLA leave was due to their own serious health condition, medical certification of their ability to resume work.
E.6.07 - Workers' Compensation and FMLA
An employee who is on FMLA leave and simultaneously receiving workers' compensation wage benefits shall inform the appropriate administrator whether he or she chooses to use available paid leave. Any paid leave used shall be offset against workers' compensation wage benefits. Under offset provisions, the System shall pay the difference between the weekly income benefit received under workers' compensation and the employee's regular weekly compensation and shall charge leave proportionately.
E.6.08 - Restoration to Position
An employee who takes FMLA leave is entitled to be restored to the position held when the leave commenced or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
E.6.09 - Married Family Members
A husband and wife who are eligible for FMLA leave, and who are both employed in the System, may be permitted to take only a combined total of twelve weeks of leave during any twelve-month period if the leave is taken:
a. For the birth of a son or daughter or to care for the child after birth;
b. For the placement of a son or daughter for adoption or foster care, or the care for the child after placement; or
c. To care for a child, parent, or spouse with a serious health condition.
Where the husband and wife both use a portion of the total twelve-week entitlement for one of the purposes noted above, each spouse shall be entitled to the difference between the amount he or she has taken individually and twelve weeks of FMLA leave for a purpose other than those listed above.
An employee who takes FMLA leave under these provisions is entitled to be restored to the position held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
E.6.10 - No Restoration to Position
The System may deny restoration to a position held by an employee who is on FMLA leave if the employee fails to provide a fitness-for-duty certificate to return to work.
E.6.11 - Notice
The System shall post and keep posted in conspicuous places on each campus where notices are usually posted, a notice approved by the Secretary of Labor that sets out excerpts from summaries of the FMLA and information pertaining to the filing of a claim.