Family Medical Leave Act

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.

Eligibility

In order to qualify under this policy, the employee must meet ALL of the following conditions:

• The employee must have worked for Davidson College for 12 months or 52 weeks. The 12 months or 52 weeks need not have been consecutive.
• The employee must have worked at least 1250 hours during the previous twelve months. Time spent on paid or unpaid leave does not count as hours worked.

Leave Entitlement

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:

• The birth of a child of the employee, or to care for a newborn child or a child placed with the employee for adoption or foster care (within twelve months of the birth or placement)
• To care for a spouse, child or parent who has a serious health condition
• The eligible employee's own serious health condition that renders the employee unable to perform the functions of his or her position. A serious health condition is defined as a condition that requires inpatient care at a hospital, hospice or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care or a condition that requires continuing care by a licensed health care provider. The policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences. Generally, chronic or long-term health condition, which, if left untreated, would result in a period of incapacity of more than three days, would be considered a serious health condition. The college will require certification from the health care provider concerning the serious health condition (including certification that the employee is needed to care for a family member and an estimate of the time needed) or certification that the employee is unable to perform the functions of his or her job.
• A covered family member's active duty or call to active duty in the Armed Forces. An employee whose spouse, son, daughter or parent either has been notified of an impending call or order to active military duty or who is already on active duty may take up to 12 weeks of leave for reasons related to or affected by the family member's call-up or service. Reasons related to the call-up or service include helping the family member prepare for the departure or caring for children of the service member. The leave may commence as soon as the individual receives the call-up notice. (Son or daughter for this type of FMLA leave is defined the same as for child for other types of FMLS leave, except that the person does not have to be a minor.) This type of leave would be counted toward the employee's 12-week maximum of FMLA leave in a 12-month period. Employees requesting this type of FMLA leave must provide proof of the qualifying family member's call-up or active military service before leave is granted.
• To care for an injured or ill service member. This leave may extend to up to 26 weeks in a 12-month period for an employee whose spouse, son, daughter, parent or next-of-kin is injured or recovering from injury suffered while on active military duty and who is unable to perform the duties of the service member's office, grade, rank or rating. Next-of-kin is defined as the closest blood relative of the injured or recovering service member. An employee is also eligible for this type of leave when the family service member is receiving medical treatment, recuperation or therapy, even if the service member is on temporary disability retired list. This is the only type of FMLA leave that may extend an employee's leave entitlement beyond 12 weeks to 26 weeks. Other types of FMLA leave are included with this type, totaling the 26 weeks.

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.

Calculating the 12-month Period

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.

Intermittent Leave

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.

Designation of Paid Leave

FMLA provides job protection for the period of time in which an employee needs to miss work, but it does not provide pay. Employees must use any accrued vacation and sick leave during FMLA leave. When sick and vacation accruals are exhausted, the employee will be on unpaid FMLA leave. If an employee is on continuous FMLA they are not eligible for other paid college leaves during this time including holiday, bereavement, jury duty or voting leave.   

Any paid leave shall count toward the total leave entitlement under the FMLA. All applicable leave types, such as sick leave, workers compensation leave, parental leave, etc. will run concurrently with FMLA.

Any staff employee who is absent from work for five days, whether consecutive or intermittent, due to the same illness or injury must apply for Family Medical Leave to continue using paid leave.

Health Benefits

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 Controller's 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.

Job Restoration

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.

To File a Claim

Employees wishing to utilize FMLA leave should give at least thirty (30) days notice, whenever possible, to the college of the need for leave.

• When leave is based on planned medical treatment, whether for an immediate family member or the employee, the employee should schedule the treatment so as not to unduly disrupt the operations of the college, whenever possible.
• When a situation is foreseeable (e.g. childbirth or placement of a child for adoption), employee should notify Human Resources staff of his or her intent to utilize family leave. Members of the faculty should first notify the Dean of the Faculty.
• The college also recognizes that emergency and other last minute situations may arise where providing appropriate notice may be problematic or logistically impossible. In such situations, the employee (or family member or physician if the employee is not able to do so) should contact the Human Resources office as soon as possible.

To file a claim or request leave under FMLA, please call 877-367-7781 between 8 a.m.-11 p.m. Please have ready:

• Company Name: Davidson College
• Davidson Control number #52073
• Your college ID number (your employee 800 number)
• Nature of the claim
• First day absent
• Work schedule
• Date you expect to return to work
• Treating doctor's name, address, phone and fax numbers
• If caring for a qualified family member, their relation to you

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.

Certifications

Employees seeking to use FMLA leave may be required, at the election of the college, to provide:

1. Medical certifications supporting the need for leave due to a serious health condition affecting the employee or an immediate family member. This certification must be provided by the employee no later than fifteen days after the request by the college. Failure to provide certification may result in a denial of continuation of leave.
2. Second or third medical opinions (at the college's expense)
3. Medical re-certification at the request of the college at reasonable intervals, but not more often than every thirty days unless certain conditions exist, as prescribed in the FMLA
4. Certification of fitness-for-duty prior to returning to work.
5. Proof of the qualifying family member's call-up or active military service (for employees requesting leave due to a service member's active duty or call to duty in the Armed Forces). This documentation may be a copy of the military orders or other official Armed Forces communication.
6. Documentation of the family member's injury, recovery or need for care (for employees requesting leave to care for an injured or ill service member). This documentation may be a copy of the military medical information, orders for treatment, or other official Armed Forces communication pertaining to the service member's injury or illness incurred on active military duty that renders him/her unfit to perform military duties.

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