Employees who have been employed by the College for at least 12 months, and who have completed at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave may be eligible for an unpaid family or medical leave pursuant to this policy. Eligible employees are entitled to a total of up to 16 work weeks of unpaid leave during any 12-month period in the following situations:

Family Leave - A child is born, adopted or taken into the employee's immediate family for foster care and leave is needed for the employee to care for the child;

Personal Medical Leave - The employee becomes unable to perform his or her job functions due to a serious health condition; or

Medical Leave for Family Care - The employee is needed to care for a spouse, child or parent of the employee who has a serious health condition.

Health insurance will be maintained for any eligible employee on a family or medical leave under this policy on the same terms as would apply if the employee were on active duty (i.e., employees are responsible for paying their portion of health care premiums during leave). Any employee who fails to return to work upon completion of a family or medical leave shall be required to reimburse the College for all benefit premiums paid by it on the employee's behalf during such leave provided the employee's failure to return is not due to circumstances beyond the employee's control.

For purposes of this policy, "serious health condition" means an illness, injury, impairment or physical or mental condition that involves (1) inpatient care (i.e., an overnight stay) in a hospital, hospice or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with inpatient care; or (2) continuing treatment by a health care provider. A serious health
condition involving continuing treatment by a health care provider may include:

(a) a period of incapacity of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition which also involves: (1) treatment on at least two occasions by a health care provider; or (2) treatment on one occasion by a health care provider which
results in a continuing regimen of treatment;

(b) any period of incapacity due to pregnancy or for prenatal care;

(c) any period of incapacity or treatment for such incapacity due to a chronic serious health condition;

(d) a period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective;

(e) any period of absence to receive multiple treatments by a health care provider either for restorative surgery after an accident or other injury or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of treatment.

In cases where the College employs both spouses, family leave may be limited to a combined total of 16 weeks between them.

Eligible employees are limited to a total of 16 work weeks of leave during a 12- month period. The College will calculate this 12-month period by measuring backward from the date an employee uses FMLA leave (i.e. leave is limited to the balance of 16 weeks not used during the past 12 months). All employees may substitute any accrued vacation, sick leave, personal days or other accrued paid leave
as part of a family or medical leave of absence (example: an employee with one week of accrued vacation at the time leave is requested may use that week as part of the 16-week family or medical leave period). Employees eligible for Workers Compensation will exhaust FMLA leave concurrently.

Requests for a family or medical leave must be submitted to your supervisor. An employee who can anticipate the need for a family or medical leave of absence must provide the College with at least thirty days notice if practicable or as early as possible thereafter. Employees requesting leave for treatment of a serious health condition must make reasonable efforts to schedule the treatment so as not to disrupt the College's operations.

Intermittent leave may be taken for a serious health condition that requires periodic rather than continuous treatment and may include leave periods ranging from one hour to several weeks.

Employees who are on leave pursuant to this policy shall be restored to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment. Highly salaried "key" employees may have limited reinstatement rights. Any "key" employees shall be notified of their specific rights and obligations prior to beginning a family or medical leave.

An employee requesting a medical leave for personal or family care under this policy must submit a certification by his or her health care provider regarding the need for such leave. Certification forms may be obtained from the Human Resources Office. The College reserves the right to require second and third opinions at its own expense relating to an employee's medical certification. Any employee returning to work from a personal medical leave shall be required to submit a fitness-for-duty certification from his or her health care provider, stating that he or she is able to resume work. The College also reserves the right to require an employee on family or medical leave to report periodically on the employee's status and intent to return to work.

This policy shall be administered in a manner consistent with the terms of the Family and Medical Leave Act of 1993. The College reserves the right to impose any conditions or limitations upon any leave of absence as may be deemed consistent with the provisions of the Act. Any questions concerning this policy should be directed to the Human Resources Office.