Davidson College intends to provide grant up to 12 weeks of family and medical leave during any 12-month period to eligible employees, in compliance with the requirements of the Family and Medical Leave Act of 1993 (the "FMLA") and up to 26 weeks of leave in any 12-month period in accordance with the expansion of FMLA under The Support for Injured Service Members Act of 2007. This policy incorporates general information on FMLA rights and responsibilities and sets forth certain policies of the college regarding how such benefits are to be applied. Additional information may be obtained from the Human Resources office. Information regarding the interpretation for family and medical leave policy for faculty is available in the faculty handbook.
In order to qualify under this policy, the employee must meet ALL of the following conditions:
The college will grant up to 12 weeks of unpaid family or medical leave during a 12-month period for one or more of the following reasons:
Eligible spouses who are both employed by the college are jointly entitled to a combined total of 12 weeks of "baby bonding" for the birth or adoption of a child, or to take leave to care for a parent who has a serious health condition. Eligible spouses are jointly entitled to a combined total of twenty-six weeks of leave to care for a covered injured or ill service member.
The twelve-month period used by the college to calculate available leave is measured using a "rolling" term. Specifically, although an eligible employee is entitled to 12 weeks of FMLA leave in any 12-month period, this 12-month period will be measured backward from the date an employee uses any FMLA leave. Thus, each time an employee takes FMLA leave, the remaining leave entitlement will be the balance of the 12 weeks that has not been used during the immediately preceding twelve-month period.
For example, if an eligible employee takes four weeks of FMLA leave beginning February 1, 2015, 4 weeks beginning June 1, 2015, and then requests additional leave on December 1, 2015, the employee would be entitled to take up to four additional weeks for the last request. The employee would then not be entitled to any additional family medical leave until February 1, 2016.
In some cases, intermittent leave or leave on a reduced working schedule is available. This is leave that is taken in blocks of time or by reducing a normal weekly or daily work schedule. Such leave is available whenever medically necessary to care for a family member who has a serious health condition, or because the employee has a serious health condition that makes the employee unable to work.
If an employee requests intermittent leave, the college may require the employee to transfer to an available alternative position for which the employee is qualified and that better accommodates recurring periods of leave than does the employee's regular position.
FMLA provides job protection for the period of time in which an employee needs to miss work, but it does not provide pay. Employees will use all accrued vacation and sick leave to cover some or all of any FMLA leave. Any paid leave shall count toward the total leave entitlement under the FMLA. All applicable leave types-sick, workers compensation, etc.- shall run concurrently with FMLA.
While on FMLA leave, the employee must continue to pay the employee portion of the health benefit premiums for coverage of the employee and, if applicable, for coverage of the employee's spouse and dependents. To the extent an employee is receiving pay during the leave period, the employee's premium contributions will continue to be deducted from the employee's pay. To the extent an employee is not receiving pay during the leave period or if such pay does not cover the employee's full contribution, the employee must pay that contribution on or before the date specified by the Business Services Office. Failure to pay such premiums by the employee within 30 days of the due date may result in termination of group health coverage. Except in limited situations, the college will be entitled to recover from an employee all premiums paid by the college to maintain health coverage for an employee who fails to return to work after the FMLA leave. The employee must return to work for 30 days in order to avoid being obligated to repay such amounts. An employee, however, will not be required to repay such amounts if the failure to return to work is due to circumstances beyond the control of the employee.
Subject to certain exceptions (such as when the employee would not otherwise have been employed at the time reinstatement is requested, or the employee is within the category of employees where restoration would cause substantial and grievous economic injury to the college), employees who take FMLA leave are entitled to be reinstated to their original job at the college or to an equivalent job with equivalent pay, benefits and other terms and conditions of employment.
Nothing in this policy, however, shall be construed to entitle any restored employee to accrue any seniority or employment benefits during any period of leave or any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken FMLA leave.
Employees wishing to utilize FMLA leave should give at least thirty (30) days notice, whenever possible, to the college of the need for leave.
To file a claim or request leave under FMLA, please call 877-367-7781 between 8 a.m.-11 p.m. Please have ready:
Or, go online to report your absence or disability. Log in to www.prudential.com/mybenefits. Click on "Report Time out of Work" and follow the instructions. There, you can input your information and download any forms you may need.
Employees seeking to use FMLA leave may be required, at the election of the college, to provide:
If an employee chooses not to provide in a timely manner the requested medical certifications, the college may deny FMLA leave until the employee submits the necessary certifications. Also, if an employee fails to provide the requested fitness-for-duty certification required for return to work, the college may deny job restoration until the employee submits such certification.
If an employee is unable to return to work, has exhausted his or her 12 weeks of FMLA leave in the designated 12 month period and is not eligible for short term disability, the employee no longer has FMLA protections of leave or job restoration and employment will be terminated.
Questions regarding this policy should be directed to Human Resources at 704-894-2213.
Last Update 9/14/2010