I. Policy:
An eligible employee make take up to 12 weeks of unpaid family/medical leave within a 12- month period for certain family and medical reasons as specified under the Family and Medical Leave Act (FMLA) of 1993. The 12-month period is measured forward from the first day FMLA leave is taken. An employee is eligible if he/she has worked for Quincy College for at least one year and for at least 1,250 hours over the previous 12 months. Upon return from FMLA leave, employees, other than key employees, must be restored to the same of an equivalent position with equivalent pay, benefits, and other employment terms.
Quincy College will grant FMLA leave (as defined below) to an eligible employee for: 1) The birth, adoption, or foster care placement of a child and to care for such child; 2) the care of the employee’s spouse, child, or parent who has a serious health condition; 3) the employee’s own serious health condition that makes the employee unable to perform the functions of his or her position in accordance with the Family and Medical Leave Act of 1993.
FMLA leave is not an additional form of paid leave. An employee is required to substitute any accrued paid personal, vacation, and sick leave for unpaid FMLA leave. An employee is not required to substitute compensatory time for unpaid FMLA leave, but he/she may request to have compensatory time substituted for FMLA leave. Paid long-term disability and workers’ compensation leave run concurrently with FMAL leave. The use of accrued paid leave during an FMLA leave is subject to all the usual collective bargaining agreement stipulations and to College policies that normally apply to requesting and using such leaves. The substitution of accrued paid leave time for unpaid leave time does not extend the 12-week leave period. Employees who do not have appropriate accrued leave available may be granted unpaid FMLA leave.
Employees are required to request such leaves at least thirty days in advance if the need for the leave can be anticipated. Otherwise, they should request the leave as soon as they become aware of the need to take it. Employees should contact Human Resources to obtain a FMLA leave request form as much in advance of the requested leave period as possible.
II. Procedures:
- Eligibility:
To be eligible, an employee must have been employed by Quincy College or at least 12 months and have worked at least 1,250 hours during the 12-month period immediately preceding the first day of leave. If a female employee does not satisfy these eligibility requirements, she may be eligible instead for an 8-week maternity leave for the purpose of giving birth or adopting a child. She may also be eligible for such an 8-week leave if she has exhausted her 12-week annual FMLA allotment for reasons other than the birth or adoption of a child. Similarly, a male employee who does not satisfy the eligibility requirements or has exhausted his allotment may be entitled to a 2-week paternity leave.
- Twelve Month Period:
An eligible employee may take up to 12 weeks for leave in any rolling 12 month period measured backward from the date an employee uses any FMLA leave. This means that at any point in time, the amount of leave available is 12 weeks less than the amount of leave used during the preceding 12 months.
- Special Limitations on Leaves:
If Quincy College employees both spouses and both spouses request leaves for the birth, adoption, or foster care placement of a child, for the care of that child, or to care for a parent with a serious health conditions, then the aggregate, combined leave for both employees shall be limited to 12 weeks during any rolling 12-month period.
Family leave for the birth, adoption, or foster care placement of a child, or for the care of that child must be completed within 12 months of the child’s birth, adoption, or foster care placement.
- Intermittent or Reduced Schedule Leaves:
Upon receipt of medical certification of the need for leave on an intermittent or reduced schedule basis, Quincy College will grant such leave for purposes of the employee’s own serious health condition or to care for a parent, child, or spouse with a serious health condition. The College may transfer the employee temporarily to an alternate position for which the employee is qualified and which better accommodates the intermittent or reduced schedule during the leave. The employee will receive his or her same salary while working at the alternate position.
- Notice and Scheduling of Leave:
If the need for leave is foreseeable, the employee must request a leave at least 30 days in advance of the date on which he or she intends to begin a leave of absence. If the employee is unable to foresee the need for leave 30 days in advance, then the employee must give Quincy college notice as soon as is reasonably possible. If the leave is requested for purposes of planned medical treatment for the employee or his or her spouse, parent or child, the leave should be scheduled at a time which is least disruptive to Quincy College’s operations to the extent feasible. Employees who require a leave must complete a Leave Request form, which can be obtained from the Human Resources Office.
- Certification of Serious Health Conditions:
The College may condition its approval of a leave for purposes of personal or family illness on the employee’s submission of a satisfactory Certification of Physician or Practitioner Form from the employee’s or family member’s health care provider. The College will provide the employee with a Certification of Physician or Practitioner Form for this purpose, and it is the employee’s responsibility to ensure that the health care provider submits a fully completed form to Quincy College in a timely manner. The college may, in its discretion and at its expense, require the employee to obtain second or third medical opinions from independent health care providers. The College may also require an employee on FLMA leave to submit periodic re-certifications throughout the leaves. Failure to provide an appropriate certification, upon request, may result in postponement, denial, or curtailment of leave.
- Period Status Reports:
The College may require an employee on leave to report periodically on the employee’s status and intent to return to work.
- Reinstatement from Leave and Fitness-for-Duty Certification:
An employee who has complied with his or her obligations under this policy will be reinstated to the position he or she held prior to leave or to an equivalent position, unless business conditions resulted in the elimination of the employee’s former position during the leave or the employee would not otherwise have continued to be employed had he or she continued in active employment. Quincy College, however, may refuse to restore those employees considered to be “key”, for purposes of the Family and Medical Leave Act, to their previous position under certain circumstances. Employees who have taken a leave in excess of five days due to personal illness must submit a medical certification from his or her health care provider verifying that the employee is able to return to work and perform his or her regular job duties. Reinstatement may be delayed until a satisfactory medical certification has been provided.
- Compensation During FMLA Leave:
An employee whose leave qualifies as FMLA leave must use up all earned and unused vacation and personal leave during his or her leave. In addition, if the leave is for the employee’s own health condition, the employee must use up his or her earned, unused sick days at the beginning of the leave. The remaining portion of the FMLA leave will be unpaid.
- Benefits During FMLA Leave:
During an FMLA leave, the employee will remain covered under Quincy College’s health insurance plan on the same conditions as coverage would have been provided had the employee not been on leave. Upon requesting a leave, an employee will be advised of the procedures for making his or her health care premium contributions during the leave period. If the employee fails to return to active employment for at least 30 calendar days after an unpaid FMLA leave, Quincy College may exercise its right to recover its share of health insurance premiums from the employee, unless the employee cannot return to work because of a serious health condition or other circumstances beyond the employee’s control.
- Benefits Upon Reinstatement from Leave:
An employee who returns from leave will retain the same benefit status he or she held prior to going on leave. The employee, however, will not accrue any additional benefits or seniority during unpaid FMLA leave. The period of leave will be treated as continued service for purposes of eligibility and vesting requirements for Quincy College’s retirement plan(s).
- Other Terms and Conditions:
The policies and guidelines stated in this Family and Medical Leave section shall be subject to such other terms and conditions as are provided in the Massachusetts Maternity Leave Statute and the Family Medical Leave Act of 1993.
Original: June 2006