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The Family and Medical Leave Act was enacted by Congress in February, 1993,
and became effective on August 5, 1993. This law entitles an eligible employee
to job-protected, unpaid leave upon the birth or adoption of a son or daughter
of the employee, or one's placement with the employee for foster care; or when
the employee's spouse, son, daughter, or parent has a serious health condition
and requires care from the employee. The law also gives employees job-protected,
unpaid leave for their own serious illnesses. The policy at Ivy Tech meets the
requirements of the law and in some cases the College is more generous. The
College's policy is defined below.
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Eligibility
Any employee who has been employed by the College for at least one (1)
year and who has worked at least 1,248 hours during the previous twelve
(12) months is eligible for a leave of absence pursuant to this policy.
The total amount of leave an eligible employee is entitled to take for
any of the purposes set forth below, or any combination thereof, is twelve
(12) weeks during any rolling twelve (12) month period.
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Requests for Leaves of Absence
Leaves of absence and extensions must be requested in writing, and on
the prescribed form available in the Human Resources office at each campus,
unless impossible due to an emergency. Employees are generally expected
to give at least thirty (30) calendar days' notice of intent to take a
foreseeable leave of absence, such as in the case of a planned medical
treatment. Where thirty (30) calendar days' notice is not possible, the
employee must give as much notice as is practicable. An employee who fails
to give thirty (30) calendar days' notice of foreseeable leave may be
denied leave for up to thirty (30) calendar days after the date the employee
provides the required notice. Employees who request leave for planned
medical treatment must make a reasonable effort, subject to the health
care provider's approval, to schedule treatment so as not to disrupt the
operations of the facility. When an employee gives notice of need for
leave before the employee is eligible, the College may grant the leave
based on a projection that all eligibility requirements will be met prior
to the desired leave. An employee granted a leave of absence will be expected
to sign a payroll authorization form to allow the College to recover any
unpaid insurance premiums due the College upon return from leave.
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Medical Leave-Serious Health Condition of Employee
An eligible employee will be granted unpaid leave for a serious health
condition that makes the employee unable to perform his or her job. Employees
will be required to substitute accrued sick leave (if any) for any part
of this medical leave. All substituted leave time will be counted against
an eligible employee's family and medical leave entitlement.
An employee's request for leave due to a serious health condition must
be supported by a certification issued by a health care provider. The
certification, a copy of which can be obtained from Human Resources, must
be provided to the College within fifteen (15) calendar days following
the employee's request for leave or, in circumstances where the leave
is unforeseeable, within fifteen (15) calendar days after the leave commences.
Recertifications may be required on a reasonable basis. If such certification
or recertification is not provided on a timely basis, leave may be denied
or discontinued until it is provided. The College may elect to obtain
a second opinion of the existence of a serious health condition.
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Medical Leave-Serious Health Condition of Family Member
An eligible employee will be granted unpaid leave to care for the spouse,
son, daughter, or parent of the employee (this does not include parents-in-law),
if the family member has a serious health condition. Employees may substitute
accrued vacation leave (if any) for any part of this leave, after exhausting
up to ten (10) of their sick days for family illness. All
substituted accrued leave will be counted against an eligible employee's
family and medical leave entitlement.
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Intermittent or Reduced Schedule Leave
As a part of an eligible employee's leave for a serious health condition
(either an employee's own or that of a family member), intermittent or
reduced schedule leave may be taken when such is certified as medically
necessary by a treating health care provider. Employees seeking intermittent
or reduced schedule leave must produce medical certification issued by
a health care provider. The College may elect to obtain a second opinion
of the medical necessity for this type of leave.
Employees who have requested foreseeable intermittent or reduced schedule
leave due to planned medical treatment may be transferred temporarily
to an available alternative position at the discretion of the College,
if the alternative position better accommodates recurring periods of leave
than the employee's regular position, provided the employee is qualified
for the alternative position and the position has equivalent pay and benefits.
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Family Leave
An eligible employee will be granted unpaid leave for the birth of a
son or daughter of the employee to care for the child, or for the placement
of a son or daughter with the employee for adoption or foster care. Employees
must substitute accrued sick leave (if any) for part of this leave. Employees
may substitute accrued leave (if any) for part of this leave. All substituted
accrued leave will be counted against an eligible employee's family and
medical leave entitlement. Such leave must be concluded twelve (12) months
after the birth or placement of the child with the employee. The College
may, at its discretion, permit an employee to take leave for the birth
or placement of a son or daughter on an intermittent or on a reduced leave
schedule.
If both a husband and wife are employed by the College, they are jointly
entitled to a combined total of twelve (12) weeks for leave for the birth
or placement of a child, or to care for parents with serious health conditions.
However, the College may grant twelve (12) weeks to both the husband and
the wife provided the absence does not adversely affect the operation
of the College. This determination shall be made by the College.
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Restoration to Position and Benefits
Employees on leave of absence will maintain their length of service,
but will not accrue additional benefits while on unpaid leave status.
Employees will accrue length of service and benefits while on paid leave
status. In addition, employees on leave will be considered for promotions
in accordance with the College's regular practice.
Generally, eligible employees returning from family or medical leave
within twelve (12) weeks will be returned to the job position that they
held when they went on leave. Exceptions to such restoration will include,
but not be limited to, changes in the work force such as reductions-in-force
or elimination of positions or departments, or the College's decision
not to offer courses that may have been taught when the employee took
leave such that there is no position to which the employee would be entitled
if the employee had not taken the leave.
During the family or medical leave to which eligible employees are entitled
under this policy, eligible employees may maintain coverage under the
College's group health plan at the same level and under the same conditions
for which coverage would have been provided if the employee had continued
in employment continuously for the duration of such leave. Employees who
contribute to such group health plan must continue to make such contributions
during the period of their leave in order to maintain coverage. If the
employee is in pay status during the leave, premiums will be paid through
the College's payroll deduction program. If the employee is not in pay
status, the employee will be required to make a monthly payment at such
times and in such amounts as are specified in a written notice to be provided
to the employee by the College at the time the employee takes a leave.
If an eligible employee fails to make such contributions, and the College
elects to make such contributions to keep coverage in effect during such
a period of unpaid leave, the College may recover the amount of such contributions
from the employee upon the employee's return from the leave.
The College may recover the premium paid for maintaining an employee's
health plan coverage during any period of unpaid leave if the employee
fails to return from leave after entitlement has expired, provided the
employee fails to return to work for a reason other than the continuation,
recurrence, or onset of a serious health condition that would entitle
the employee to leave, or other circumstances beyond the employee's control.
Afte twelve (12) weeks of family or medical leave, or during other leaves
of absence, an employee may be eligible for continuation of insurance
coverage at the employee's own expense by applying for an extended disability
leave or through the federal law known as COBRA.
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Return to Work
Employees returning from any form of leave of absence must
be able to assume all of the essential functions of their jobs upon return.
As a condition to restoring an employee whose leave was based on the employee's
own serious health condition, such employee must provide certification from
the employee's health care provider stating that the employee is able to
resume work.
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Failure to Return from Leave
Unless required otherwise by law, 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." An
employee's failure to return to work because of the continuation, recurrence,
or onset of a serious health condition (either the employee's own or that
of a family member) must be supported by timely medical certification.
The College may recover the premium paid for maintaining an employee's
health plan coverage during any period of unpaid leave if the employee
fails to return to work because of the serious health care condition and
the employee fails to provide the required medical certification within
thirty (30) calendar days following the College's request for such certification.
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Definitions
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Health Care Provider: A licensed doctor of medicine
or osteopathy, or other health care provider as identified in federal regulations. |
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Hours Worked: Actual hours worked, including paid
accrued leave time. |
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Intermittent Leave: A leave taken in separate periods
of time due to a single illness or injury, rather than for one continuous
period of time, and may include leave periods from one hour or more to several
weeks. |
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Medical Certification: Certification issued by a health
care provider that includes the date the conditions began, probable duration,
appropriate medical facts and an assertion that the employee is unable to
perform the employee's job function, or that the employee is needed to care
for a sick family member for a specified time. |
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Parent: The biological parent of an employee or an
individual who stood in the place of a parent to an employee when the employee
was a child. |
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Reduced Leave: A leave schedule that reduces the usual
number of hours per work week, or hours per work day, of an employee. |
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Rolling 12 Month Period: A 12 month period that is
measured from the first day an employee takes a Family and Medical Leave
Act leave. |
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Serious Health Condition: An illness, injury, impairment,
or physical or mental condition that involves either: |
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inpatient care in a hospital, hospice or residential
medical care facility, or |
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continuing treatment by a health care provider for
a chronic or long term health condition that is incurable or so serious
that, if not treated, would likely result in a period of incapacity
of more than three calendar days; and for prenatal care. |
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Son or Daughter: Any person who is under 18 years
old or any person 18 years old or older who is incapable of self-care because
of a mental or physical disability is a son or daughter if the person's
relationship to the employee is that of: |
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a biological, adopted or foster child, |
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a stepchild, |
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a legal ward, or |
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a child of a person standing in the place of a parent. |
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Spouse: A husband or wife as defined or recognized
under Indiana state law for purposes of marriage. |
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