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  Introduction to the Handbook
  Message from the President
  About Your College
  Ivy Tech Foundation
  Regional Administrative Centers
  Personnel Policies and Procedures
  Benefits
  Family and Medical Leave Act Policy
  Eligibility
  Requests for Leave of Absence
  Types of Leave
    - Family Leave
    - Medical Leave
    - Qualifying Exigency Leave
    - Service Member Caregiver Leave
  Certification Requirements
    - Medical Leave
    - Qualifying Exigency Leave
    - Service Member Caregiver Leave
  Intermittent or Reduced Schedule Leave
  Substitution of Paid Leave
  Benefits During Leave
  Restoration to Position
  Return to Work
  Failure to Return from Leave
  Miscellaneous
  Military Leave
  Employee Assistance Program
  Wellness Program
  Educational Support
  Credit Unions
  Worker's Compensation
  Social Security
  Medicare
  Tax Deferred Voluntary Plans
   
  Updates:

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Part-Time Employee Handbook
Benefits
   

The purpose of this Policy is to promote a healthier balance between work and family and to allow employees to have time to participate in child rearing, to attend to serious illnesses affecting their immediate family and themselves, and to attend to exigencies related to the military service of certain family members, in compliance with the Family and Medical Leave Act of 1993 ("FMLA").

Pursuant to the terms of this Policy, eligible employees are entitled to take up to a combined total of 12 weeks of unpaid, job-protected leave per 12-month period for certain family and medical reasons, as well as for certain qualifying exigencies related to the military service of certain family members.  In addition, up to 26 weeks of unpaid, job-protected leave in a single 12-month period may be available in certain circumstances related to the care of covered service members.  An employee taking leave to care for a covered service member is limited to a total of 26 weeks of leave for any combination of reasons in a single 12-month period.

Eligibility

Employees who have been employed by Ivy Tech Community College of Indiana ("College") for a total of at least 12 months (not necessarily consecutive), who have worked at least 1,248 hours during the previous 12 months, and who are employed at a worksite where 50 or more employees are employed by the College within 75 miles of that worksite are eligible for FMLA leave.  Eligibility will be determined as of the date the leave commences.  The total amount of FMLA leave an eligible employee is entitled to take for any of the purposes set forth in this Policy, or any combination of purposes, is 12 weeks during  any rolling 12-month period measured backward from the date the employee uses FMLA leave, unless the leave is to care for a servicemember, in which case, the total amount available is 26 weeks during the 12-month period measured forward from the date an employee's first FMLA leave to care for the covered servicemember begins.

In situations where both a husband and wife are employed by the College, the College has the right to limit their total combined amount of leave to 12 weeks when the leave is due to the birth or adoption of a child or care of a child after birth or adoption or to care for a parent who has a serious health condition, or to 26 weeks when the leave is to care for a covered servicemember.

Requests for Leaves of Absence

An employee desiring a FMLA leave shall make written application to the regional Human Resources office on the prescribed form available from Human Resources, unless this is impossible due to an emergency.  Employees generally are expected to give at least 30 days advance notice of intent to take a foreseeable FMLA leave, such as in the case of a planned medical treatment.  Where 30 days advance notice is not possible, the employee must give as much notice as is practicable.  Usually, it will be practicable to notify the College on the same day or the next business day after becoming aware of a need for leave.  An employee who fails to give 30 days advance notice of foreseeable FMLA leave may be denied leave until 30 days after the date the employee provides the required notice. 

If the need for a leave (including leave taken due to a qualifying exigency, as defined below) is not foreseeable, the employee generally is expected to give notice to the College as soon as practicable.  Employees must comply with the College's absence-reporting procedures, absent unusual circumstances.  An employee who fails to provide adequate notice of an unforeseeable leave may be denied such leave.  In addition, any employee who fails to comply with the College's absence-reporting procedures (see General College Operations/Payroll/ Absence or Lateness Policy in Employee Handbook) may be subject to appropriate discipline.

Subject to the health care provider's approval, employees who request leave for planned medical treatments must make a reasonable effort to schedule treatment so as not to disrupt the operations of the College.

If the employee seeks leave due to a FMLA-qualifying reason for which the College has previously provided FMLA-protected leave (such as when the employee has an approved certification for intermittent leave), the employee must specifically reference the qualifying reason for leave or the need for FMLA leave when reporting the absence.

Types of Leave

     
  Family Leave

An eligible employee will be granted unpaid FMLA leave for the birth of a child of the employee, the placement of a child with the employee for adoption or foster care, or when the employee has no biological or legal relationship with a child, yet stand "in loco parentis" to the child and then to care for the child.  Family leave must be concluded no later than 12 months after the birth or placement of the child with the employee. Employees who request family leave for a child when standing "in loco parentis" will be required to provide a statement of the family relationship.

     
  Medical Leave - Serious Health Condition of Employee or Family Member

An eligible employee will be granted unpaid FMLA leave for: (1) the employee's own "serious health condition" (see definition below) that makes the employee unable to perform the functions of his or her job, or (2) the serious health condition of the employee's spouse, child, or parent (this does not include parents-in-law).  The term "spouse" means a husband or wife and does not include unmarried domestic partners, unless common law marriages are recognized by the state in which the employee resides. Medical leave would also apply to an employee who has no biological or legal relationship with a child, yet stand "in loco parentis" to the child. Employees who request medical leave for a child when standing "in loco parentis" will be required to provide a statement of the family relationship.

     
    "Serious Health Condition": The phrase "serious health condition" generally means an illness, injury, impairment, or physical or mental condition that involves an overnight stay in a medical care facility or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities.  Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with (i) at least 2 visits to a health care provider within the first 30 days of the incapacity (with the first treatment occurring within the first 7 days); (ii) one visit to a health care provider within the first 7 days of incapacity which results in a regimen of continuing treatment; (iii) incapacity due to pregnancy; or (iv) incapacity due to a chronic serious health condition.  There may be other conditions that may meet this definition as well.
     
  Qualifying Exigency Leave

An eligible employee who is the spouse, son, daughter, or parent of a "covered military member" (defined below) will be granted FMLA leave on account of the qualifying exigencies defined below.  Unless otherwise stated, leave for these reasons may only be taken when the covered military member has been called to active duty or is on active duty.

     
    Short notice deployment:  If a covered military member is given less than 7 days notice of deployment to active duty in support of a contingency operation, an eligible employee may take FMLA leave within the 7 days after the notice to address any issue that arises from such notice;
     
    Military events and related activities: An eligible employee may take FMLA leave to attend any official ceremony, program, or event sponsored by the covered military member's military entity, or to attend family support or assistance programs and informational briefings sponsored or promoted by the covered military member's military entity or the American Red Cross;
     
    Childcare and school activities: An eligible employee may take FMLA leave in order to arrange for alternative childcare for a covered military member's child's existing childcare arrangement; to provide childcare on an urgent, immediate need basis arising from a covered military member's active duty or call to active duty status; to enroll or transfer a covered military member's child into a new school; or to attend meetings at a covered military member's child's school or daycare facility that are required due to a covered military member's call to duty or active duty;
     
    Financial and legal arrangements: An eligible employee may take FMLA leave in order to make or update financial or legal arrangements associated with a covered military member's absence or call to active duty status, or to act as a covered military member's representative during active duty or within 90 days after active duty before a federal, state, or local agency for purposes of obtaining, arranging, or appealing military service benefits;
     
    Counseling: An eligible employee may take FMLA leave in order to attend counseling for the employee, the covered military member or the covered military member's child provided that the need for counseling arises from the covered military member's active duty or call to active duty status;
     
    Rest and recuperation: An eligible employee may take up to 5 days of leave for each instance that he or she desires to spend time with a covered military member who is on short-term, temporary, rest and recuperation leave during the period of deployment;
     
    Post-deployment activities: An eligible employee may take FMLA leave to attend any official ceremony or program sponsored by the military for a period of 90 days following the termination of a covered military member's active duty status, or to address issues arising from a covered military member's death while on active duty status; and
     
    Additional activities: An eligible employee may take FMLA leave in order to address any other issue arising out of a covered military member's active duty or call to active duty status, provided that the employer and employee mutually agree to both the timing and duration of such leave.
     
    "Covered military member": means an employee's spouse, son, daughter, or parent on active duty or call to active duty status.  "Active duty or call to active duty status" means under a call or order to active duty (or notification of an impending call or order to active duty) in support of an operation designated by the Secretary of Defense as an operation in which members of the Armed Forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force.
     
 

 

 

Qualifying exigency leave applies to covered military members who are members of the reserves (i.e., Army National Guard of the United States, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard of the United States, Air Force Reserve and Coast Guard Reserve), Regular Armed Forces or a retired member of the Regular Armed Forces or Reserves who has been deployed to a foreign country.  

     
  Service Member Caregiver Leave - Serious Injury or Illness of Family Member in the Military

An eligible employee who is the spouse, son, daughter, parent, or nearest blood relative ("next of kin") of a "covered servicemember" will be granted leave, not to exceed a total of 26 weeks during a single 12-month period, to care for the covered servicemember.  During the 12-month period, an eligible employee is entitled to 26 weeks of leave for any combination of leaves under this Policy. However, employees still may not take more than 12 weeks of leave for reasons other than servicemember caregiver leave during the 12-month period used for calculating those leaves.

     
    "Covered service member": means a current member of the Armed Forces, including a member of the National Guard or Reserves, who is: (i) undergoing medical treatment, recuperation, or therapy; (ii) is otherwise in "outpatient status" (see definition below); or (iii) is otherwise on the temporary disability retired list, for a "serious injury or illness" (see definition below) or Veteran who is undergoing medical treatment, recuperation or therapy for a serious injury or illness sustained in the line of duty on active duty that occurred any time during the five years preceding the date of treatment (even if it did not manifest until after active duty).
     
    "Outpatient status": means that a covered servicemember is assigned to a military medical treatment facility as an outpatient; or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.
     
    "Serious injury or illness": means an injury or illness incurred by the covered servicemember in the line of duty on active duty that may render the covered servicemember medically unfit to perform the duties of his or her office, grade, rank, or rating.
     
    "A single 12-month period": for purposes of this form of leave only, begins on the first day an eligible employee takes FMLA leave to care for a covered servicemember and ends exactly 12 months after that date. If an eligible employee does not exhaust his or her 26 weeks of leave entitlement during the single 12-month period, any remaining portion of the original leave entitlement will be lost. In the event an eligible employee needs additional leave to care for a different covered servicemember (or the same servicemember with a subsequent serious injury or illness), he or she will have another single 12-month period during which he or she can use 26 weeks of leave. Note, however, that all eligible employees are limited to 26 weeks of leave in each single 12-month period for any combination of caregiver leaves or other leaves under this Policy.
     

Certification Requirements

Original, completed certifications or recertifications (as applicable) must be provided to the College within 15 days following the College's request for the certification or recertification.  If the certification or recertification is not provided as set forth above, leave may be denied or discontinued until it is provided.
     
  Medical Leave

An employee's request for leave due to a serious health condition (either the employee's own or that of a family member) must be supported by a timely certification issued by a health care provider.  A form for this certification can be obtained from the regional Human Resources office.  Recertification generally may be required more than every 30 calendar days or from time to time, depending on the circumstances.  The College may elect to obtain a second, and in some circumstances, a third, opinion of the existence of a serious health condition.

     
  Qualifying Exigency Leave

An employee's request for qualifying exigency leave must be supported by a timely certification and supporting documentation.  A form for this certification can be obtained from the regional Human Resources office.

     
  Service member Caregiver Leave

An employee's request for service member caregiver leave must be supported by a timely certification issued by an authorized health care provider.  A form for this certification can be obtained from the regional Human Resources office.  The employee requesting service member caregiver leave must timely complete the portions of the certification form asking for information about the leave to be taken.

In lieu of the certification form described above, the College will accept as sufficient certification "invitational travel orders" (“ITOs”) or "invitational travel authorizations" ("ITAs") issued to any family member to join an injured or ill servicemember at his or her bedside.  The College will accept an ITO or ITA as sufficient certification for an employee otherwise entitled to take FMLA leave to care for a covered service member even if the employee is not named in the ITO or ITA.  If the employee will require leave beyond the expiration date specified in the ITO or ITA, the employee will be required to submit a completed certification form, as described above.
     

Intermittent or Reduced Schedule Leave

Intermittent or reduced schedule leave may be taken either as part of an eligible employee's leave for a qualifying exigency, or for a serious health condition (either the employee's own or that of a family member) or to care for a covered servicemember, if such leave is certified as medically necessary by a treating health care provider. Leave taken following the birth or placement of a child or for the care of a child following birth or placement and not for a serious health condition cannot be taken intermittently or on a reduced leave schedule unless specifically requested by the employee and approved by the College. Such requests will be considered on a case-by-case basis, taking into consideration the employee's position and the current business needs of the College. Intermittent or reduced schedule leave may be taken if certified as medically necessary if the mother has a serious health condition in connection with the birth of her child or if the child has a serious health condition. Employees seeking intermittent or reduced schedule leave for a serious health condition or to care for a covered servicemember must submit a medical certification issued by a health care provider. The College may elect to obtain a second, and in some circumstances, a third, opinion of the medical necessity for intermittent or reduced schedule leave for a serious health condition (either the employee's own or that of a family member).

An employee requesting an intermittent or reduced schedule leave must attempt to schedule the leave so as not to disrupt the operations of the College, and, if the employee requires foreseeable intermittent leave, the College may require the employee to transfer temporarily to an available alternative position with equivalent pay and benefits for which the employee is qualified and which better accommodates the employee's leave.

   

Substitution of Paid Leave

Employees must substitute accrued paid time off for all or any part of an otherwise unpaid FMLA leave as described below:

   
  1. For family leave or medical leave for serious health condition of employee, employees are required to substitute accrued sick leave for any part of this medical leave. Substitution of accrued vacation or faculty release leave time may be used for any part of this leave.
   
  2. For medical leave for the serious health condition of a family member or servicemember caregiver leave, employees may substitute accrued vacation leave time or faculty release leave time for any part of this leave, after exhausting up to ten (10) of their sick days for family illness.
   
  3. For qualifying exigency leave employees must substitute accrued vacation or faculty release leave time for any part of this leave.
   
 

All substituted leave will be counted against an eligible employee's FMLA entitlement.  Furthermore, if the FMLA leave is being taken for the employee's own serious health condition and that serious health condition also entitles the employee to leave under a College-provided disability program or other medical leave policy, or to a worker's compensation absence, these leaves will run concurrently.

   

Benefits During Leave

Existing health, dental, basic life, and long-term disability insurance benefits (“Core Benefits"), if any, and certain other benefits, will remain in force during the employee's FMLA leave period as long as required contributions, if applicable, are made by the employee during this period according to the procedure set forth below.

While on an unpaid FMLA leave, an employee's required contribution for Core Benefits coverage must be submitted by the first of each month or as otherwise agreed to in writing between the College and the employee.  During any paid portion of a FMLA leave, an employee's contribution for Core Benefits and other benefit coverage will continue to be made by payroll deduction. 

If an employee's contribution is not made within 30 days of the due date, all Core Benefits and other benefit coverage for which the employee is required to contribute can be terminated, provided the College has given the employee fifteen (15) calendar days advance written notice of the termination of coverage.  Upon return from the FMLA leave, even if Core Benefits have lapsed, an employee will be reinstated to Core Benefits coverage on the same terms as prior to taking the leave, without any qualifying period, physical examination, or pre-existing condition limitation.  If other benefit coverage’s have lapsed due to non-payment of required premium by the employee, the employee may be subject to medical underwriting in order to have those benefits reinstated and the insurance carrier(s) may deny reinstatement or impose coverage limitations.  Any changes made by the College to employee contributions for Core Benefits or other benefit coverage will apply to employees on FMLA leave.

If an employee fails to make required contributions for Core Benefits or other benefit coverage, and the College elects to make such employee contributions on behalf of the employee to keep the coverage in effect during a FMLA leave period, the College may recover the amount of such contributions made by the College for the employee regardless of whether the employee returns from FMLA leave.  This may be accomplished through payroll deductions, and the employee will be expected to authorize such deductions until all amounts are reimbursed to the College. 

If an employee fails to return to work after FMLA leave has been exhausted, the College may recover its share of the contribution paid by the College for maintaining the employee's Core Benefits coverage during any period of unpaid FMLA leave, provided the employee fails to return to work for a reason other than the continuation, recurrence, or onset of a serious health condition of the employee or the employee's family member or a serious injury or illness of a covered servicemember, or other circumstances beyond the employee's control.  (Note that in the event of a serious health condition or serious injury or illness, the College may require medical certification of such condition, which must be provided by the employee within thirty (30) calendar days of the request).  An employee will not be considered to have returned to work unless the employee works for at least thirty (30) calendar days.

After 12 weeks of medical leave (or 26 weeks in certain circumstances), an employee may be eligible for continuation of health and dental coverage at the employee's own expense under the federal law known as COBRA. 

An employee will not receive pay for any holidays which occur during a full week of FMLA leave which is unpaid (either because no paid leave is substituted for the unpaid leave or because all paid leave has been exhausted).  If the leave is less than a week, employees will be paid for any holidays which occur during the leave in accordance with the College's policies related to holiday pay.

Restoration to Position

Except for certain limited circumstances, you must be reinstated to the same or an equivalent job with the same pay, Core Benefits, and terms and conditions of employment on your return from FMLA-protected leave.

Return to Work

Employees on FMLA leave must inform the regional Human Resources office periodically of their status and intent to return to work following the expiration of their approved FMLA leave.  Employees returning from FMLA leave must be able to assume all of the essential functions of their jobs upon return, subject to compliance with all state and federal laws.  As a condition to restoring an employee whose leave was based on the employee's own serious health condition, the employee must provide, at the employee's cost, a fitness-for-duty certification from the employee's health care provider stating that the employee is able to resume work.  The College may also require the employee's health care provider to address the employee's ability to perform the essential functions of his or her job.  If the College will require this, it will provide the employee with a list of essential functions or a document containing that information and inform the employee of the requirement.  A fitness-for-duty certification will not be required from employees returning from intermittent or reduced schedule leave, unless reasonable safety concerns exist regarding the employee's ability to perform his or her duties, in which case the College may request a fitness-for-duty certification once every thirty (30) calendar days in connection with a leave.

Failure to Return from Leave

Unless required otherwise by law or authorized by College policy, an employee granted a leave of absence under these provisions who fails to return to work upon expiration of the leave granted shall be classified as "voluntarily terminated."

Miscellaneous

 

Any employee who, while on a leave of absence, accepts employment elsewhere or otherwise behaves in any manner that conflicts with the employee's need for a leave from the College, will be terminated as of the last day worked.  In addition, if an employee uses a leave of absence for any reason other than what has been requested, the employee will be terminated as of the last day worked.

The College will not discriminate or retaliate against employees as a result of or interfere with the approved use of FMLA leave or a proper request for such leave.  Requests for FMLA leave will be considered without regard to any characteristic or classification protected by law.  Employees should report any conduct that they believe violates this policy to the regional Human Resources office.

 

 

 
This is the most current version of the handbook.
 
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