The College complies with the Family and Medical Leave Act (FMLA), which allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a twelve-month period for specified family and medical reasons. The FMLA also includes special provisions for military family leave entitlements. Employee rights and responsibilities under the FMLA are established by the U.S. Department of Labor. This information is posted on the NACC website, in the mailroom lobby, on the employment bulletin board in the Wallace Administration Building, and in each building on campus.
Employees who plan to be absent due to a potentially qualifying reason under the FMLA must alert the Human Resources Director. The Human Resources Director will send information on FMLA rights and responsibilities to the employee. Generally, a 30-day notice is required for FMLA leave requests whenever the absence is anticipated and notice is possible. Otherwise, the employee should alert the Human Resources Director as soon as possible. Additionally, employees should identify that the reason for absence is or is not for a reason that could be FMLA qualifying on the Employee Leave Request form. Supervisors must immediately report to the Human Resources Director all leave requests or absences for reasons that could possibly be covered by the FMLA.
Employees requesting leave for reasons that could be covered under this law must comply with any requests for information regarding their reasons for absence in order for the President to make the final determination as to whether the reason is or is not covered by the FMLA. The information must be submitted by indicated deadlines. All leave approved as being for a covered reason under the FMLA will be designated as part of the employee's 12-week allotment for the 12-month period that begins on the first day of the employee’s annual appointment. Employees will be required to use paid leaves, if available, during their FMLA leave period, including sick, annual, and personal leaves. Employees who choose not to submit the required documentation requested by the College should note that their leave may still be designated as FMLA leave without the documentation at the sole discretion of the President.
To be eligible for FMLA benefits, an employee must have been employed by the institution for a total of 12 months from the date on which any FMLA leave is to begin and must have worked at least 1,250 hours over the previous 12-month period. These guidelines generally do not cover temporary employees. However, if a temporary employee is extended beyond one (1) year, the employee would be covered if the employee had worked at least 1,250 hours during the previous 12-month period.
Pertinent definitions to the FMLA are as follows:
- Parent. A biological or adoptive parent or an individual who stood in loco parentis (a person who is in the position or place of a parent) to an employee when the employee was a child.
- Child. A son or daughter under eighteen (18) years of age or eighteen (18) years of age or older and incapable of self-care because of mental or physical disability who is: a biological child; an adopted child; a foster child (one for whom the employee performs the duties of a parent as if it were the employee’s child); a stepchild (a child of the employee’s current spouse from a former marriage); a legal ward (a minor child placed by the court under the care of a guardian); a child of an employee standing in loco parentis.
- Spouse. A husband or wife.
- Serious Health Condition. An illness, injury, impairment, or physical or mental condition that involves either any period of incapacity or treatment connected with inpatient care (an overnight stay) in a hospital, hospice, or residential medical-care facility, and any period of incapacity or subsequent treatment in connection with such inpatient care; or continuing treatment by a health care provider which includes any period of incapacity (inability to work, attend school, or perform other regular daily activities) due to: (a) a health condition lasting more than three consecutive days, and any subsequent treatment or period of incapacity relating to the same condition that also includes treatment two or more times by or under the supervision of a health care provider; or one treatment by a health care provider with a continuing regimen or treatment; or (b) pregnancy or prenatal care; or (c) a chronic serious health condition which continues over an extended period of time, requires periodic visits to a health care provider, and may involve occasional episodes of incapacity; or (d) a permanent or long-term condition for which treatment may not be effective; or (e) any absences to receive multiple treatments for restorative surgery or for a condition which would likely result in a period of incapacity of more than three days if not treated.
- Health Care Provider. Doctors of medicine or osteopathy authorized to practice medicine or surgery by the state in which the doctors practice; or podiatrists, dentists, clinical psychologists, optometrists, and chiropractors authorized to practice, and performing within the scope of their practice under state law; or nurse practitioners, nurse-midwives, and clinical social workers authorized to practice, and performing within the scope of their practice as defined under state law; or Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; or any health care provider recognized by the institution or the institution’s group health plan benefits manager.
- Workweek. The number of hours an employee is generally scheduled to work each week.
Eligible employees can be granted up to a total of 12 workweeks of unpaid leave during a 12-month period for
- the birth and care of the newborn child of the employee, provided the leave is taken within twelve (12) months following birth;
- the placement with the employee of a son or daughter for adoption or foster care, provided the leave is taken within twelve (12) months following placement;
- to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
- to take medical leave when the employee is unable to work because of a serious health condition.
Group health insurance coverage for an employee on FMLA leave will be maintained whenever such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work. If applicable, the College will notify the employee taking FMLA leave that the employee is responsible for making all monthly health insurance premium payments in order to maintain health insurance coverage and benefits. The institution will also notify the employee of how and through which designated office the arrangements and payment must be made. Employees should direct all questions regarding their rights and responsibilities under the FMLA to the Human Resources Director.