Family and Medical Leave Act (FMLA)

Operational Standard/Purpose

Under the FMLA, eligible employees may take up to 12 weeks of unpaid, job-protected leave in the designated 12 month period for the following reasons:

• For a serious health condition that makes the employee unable to perform the essential functions of the job;
• To care for the employee’s spouse, son, daughter, or parent, who has a serious health condition
• For incapacity due to pregnancy, prenatal medical care, or childbirth;
• For leave after birth of a child, or the placement with the employee of a child for adoption or foster care. (Note: leave to care for a newborn child or for a newly placed child must conclude within twelve (12) months after the birth or placement); or
• Any “qualifying exigency” arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces.

Scope/Applicability

Refer to the Employee Handbook for additional information.

Procedures

1. Procedure for Requesting FMLA Leave (not related to The Support for Injured Service Members Act of 2007):
   1. Eligible employee requests FMLA leave by completing the Leave of Absence Request Form and returning it to Human Resources at least thirty (30) days prior to the anticipated leave date. In cases of emergency, contact the appropriate supervisor as soon as possible. All current call-in procedures must be followed.
   2. Upon notification or knowledge of an FMLA leave, Human Resources provides the employee with the following:
      • Notice of Eligibility and Rights & Responsibilities Form, and
      • Certification of Health Care Provider for Employee’s Serious Health Condition Form (if applicable) and a copy of the employee’s job description (if applicable), or Certification of Health Care Provider for Family Member’s Serious Health Condition (if applicable).
   3. The Certification of Health Care Provider for Employee’s Serious Health Condition Form or Certification of Health Care Provider for Family Member’s Serious Health Condition Form must be completed by a physician and returned to the Human Resources Department within 15 calendar days. If the certification is not returned in the 15 days, the leave may be denied.
   4. Upon review of all documentation, Human Resources provides the employee with a Designation Notice and informs the appropriate supervisor of status of the FMLA request within five (5) business days.
   5. Human Resources monitors the leave and provides necessary information to the employee’s supervisor.
   6. The employee may be required to provide periodic recertification supporting the need for leave and may be required to report periodically on the leave status and intent to return to work.
   7. Employee is responsible for following absence procedures related to the submission of time off.
   8. In the case of intermittent leave, employee is responsible to coordinate leave with the employee’s department supervisor and Human Resources to avoid interrupting the department’s operations or student’s academic environment, including the reporting of intermittent leave to the supervisor and Human Resources.
   9. Note(s):
      • If ICC has reason to doubt the employee’s initial certification in support of a leave due to a serious health condition, ICC may (a) contact the employee’s healthcare provider in an effort to clarify or authenticate the initial certification to the extent allowed by applicable law; and/or (b) require the employee to obtain a second opinion by an independent provider designated by ICC, at ICC’s expense. If the initial and second certification differ, a third and final, binding certification may be sought, at ICC’s Expense.
      • If the circumstances change such that the amount of leave needed changes, the employee must provide notice of the change to the supervisor within two (2) business days.
      • ICC reserves the right to place an employee on FMLA, if he/she meets the requirements of eligibility for FMLA.
      • An employee’s failure to submit the required FMLA forms (including, but not limited to, the certification forms) may result in delay and/or denial of FMLA leave rights. Additionally, an employee’s failure to cooperate with ICC in the submission of requested information may result in denial of benefits for which the employee may otherwise be eligible.
2. Procedure for Requesting Leave for 1) a covered family member’s active duty or call to active duty in the Armed Forces or 2) to care for an injured or ill service member:
   1. Employee requesting this type of FMLA leave must provide notice with an explanation of the reason(s) for the needed leave to Human Resources.
   2. Leave may commence as soon as the individual receives the active duty orders or other documentation issued by the military.
   3. If the leave is foreseeable, the employee must provide a written request for leave and reasons(s) to Human Resources.
   4. The College will provide individual notice of rights and obligations to each employee requesting leave as soon as practicable.
   Note: If the circumstances change such that the amount of leave needed changes, the employee must provide notice of the change to the supervisor within two business days.
3. Returning to work: The employee is required to contact Human Resources Department prior to his/her return to work. If the leave is for the employee’s own serious health condition and is used on other than an intermittent basis, the employee will be required to provide the Human Resources Department with a certification from his/her health care provider stating that he/she is able to resume working.