Grinnell College understands the importance of family issues to its employees. The college also recognizes that more of its employees than ever before face conflicting demands of family obligations and work. Because employees may find it necessary to take leave from their jobs for a temporary period to address certain family medical responsibilities or their own serious health condition, and in order to comply with the Family and Medical Leave Act of 1993 (FMLA), the college has established the following family and medical leave policy and procedures.
I. General
A. Covered Leave
The college will grant an eligible employee unpaid leave for up to 12 work weeks during a 12-month period as provided under the FMLA, if the procedures in this policy are followed and the leave is requested for any of the following reasons:
1. Family Leave
a. The birth, adoption, or foster care placement of a child
(1) If the leave is for birth, adoption, or foster care placement, the leave must be completed within 12 months of the date of birth or placement
b. To care for a spouse, child or parent of the employee if that individual has a serious health condition
2. Medical Leave
a. A serious health condition of the employee that renders the employee unable to perform his or her job functions
B. Calculation of the Amount of Leave Available
The amount of FMLA leave available is calculated by determining the number of days of FMLA leave used by the employee in the 12 months prior to the first day of anticipated leave. That number of days is subtracted from the number of days in the employee's 12 work-weeks to determine the amount of leave still available to the employee. This is referred to as the rolling method calculation.
1. Exception to the rule
a. Family Leave
(1) The birth, adoption or foster care placement of a child
(a) If a husband and wife both work for the college and are eligible for leave, they are only entitled to a combined 12 weeks of leave taken for a Family Leave.
C. Intermittent and/or Reduced Schedule Leave
1. Family Leave
a. The birth, adoption, or foster care placement of a child
(1) Approval will be considered on a case-by-case basis
(2) As a general rule, leave will be granted:
(a) For a maximum of 12 months after the birth, adoption, or foster care placement
(b) For leaves in increments of 4 hours or one day (such as 5 four-hour days or 3 eight-hour days);
(c) Subject to the ability of the employee's supervisor to ensure that work is completed
(d) Subject to the employee's consent to alter schedules or work longer hours on an emergency basis, such as when other employees are out sick
b. To care for a spouse, child or parent of the employee if that individual has a serious health condition
(1) The employee's leave may be taken on an intermittent basis or by reducing the employee's scheduled work hours
(2) The employee must provide medical certification from the health care provider caring for the family member that such a leave is a medical necessity
(3) Intermittent leaves will be deducted from the employee's entitlement to leave (i.e., 12 workweeks during the past 12 months) in increments of one hour
2. Medical Leave
a. The employee's leave may be taken on an intermittent basis or by reducing the employee's scheduled work hours
b. The employee must provide medical certification from the health care provider that such a leave is a medical necessity
c. Intermittent leaves will be deducted from the employee's entitlement to leave (i.e., 12 workweeks during the past 12 months) in increments of one hour.
D. Leave for Non-Serious Health Conditions
Employees should recognize that this policy is only intended to cover serious health conditions -- generally those which involve four or more days incapacity or chronic, long-term, incurable conditions. (See definition of Serious Health Condition in Section VII at the end of this appendix.)
Employees who wish to take leave to care for family members with non-serious health conditions are not covered by this policy. Employees can use their vacation, sick leave, or personal leave for non-serious health conditions, subject to the restrictions in those policies, including scheduling and increments of leave as outlined in the employee handbook.
II. Eligibility
A. Minimum Eligibility Requirements
1. Family Leave
a. The birth, adoption, or foster care placement of a child
(1) An employee is eligible after completing 1 year of service in which he/she has worked at least 1000 hours in the preceding 52 weeks immediately prior to the time the leave is granted.
(2) Hours are calculated based upon actual hours that the employee worked, excluding overtime.
(a) Support Staff (non-exempt): The college will use its payroll record of hours worked
(b) Administrative Staff (exempt): Employees who have 12 months prior service, but work less than 40 hours per week should include documentation of hours worked with their request
b. To care for a spouse, child or parent of the employee if that individual has a serious health condition
(1) An employee is eligible if he/she is scheduled to work at least 1000 hours per year.
(2) An employee is eligible on his/her first day of employment.
2. Medical Leave
a. An employee is eligible if he/she is scheduled to work at least 1000 hours per year.
b. An employee is eligible on his/her first day of employment.
III. Procedures
A. Leave Requests
1. Steps for Requesting a Leave
a. All requests for family or medical leave should be initiated by securing a Family and Medical Leave Request Form from the Office of Human Resources
b. The Office of Human Resources will provide the employee with notices required by the FMLA, a Family and Medical Leave Request Form, and a Medical Certification Form
c. The employee will provide his/her supervisor and the Office of Human Resources with a copy of the completed Family and Medical Leave Request Form
d. The completed Medical Certification Form should be delivered to the Office of Human Resources within 10 working days of submission of the employee's Family and Medical Leave Request Form
e. The employee will be notified in writing by the Office of Human Resources of the terms and conditions of his/her leave
2. Foreseeable Leaves
If the need for family or medical leave is foreseeable, the employee must provide notice to the college of not less than 30 days. If leave is denied for lack of notice, the employee may request leave to start 30 days after notice is given.
3. Unforeseeable Leaves
If the need for family or medical leave is not foreseeable, notice must be given by the employee as soon as possible and practicable. Except in cases of extreme medical emergencies, the employee is expected to advise his/her supervisor as soon as he/she knows of the need for and expected duration of the leave. A family member should contact the employee's supervisor or the Human Resources office if the employee is medically unable to request a medical leave.
4. Scheduling
If the leave is for the planned medical treatment of the employee or a covered family member, or requires intermittent or reduced-schedule leave, the employee may be required by his/her supervisor to arrange a particular schedule or to reschedule appointments or treatments subject to the consent of the health care provider.
B. Proof
1. Medical Certification
The college requires proof of medical necessity for family or medical leave by a health care provider on forms provided by the college. The information required shall include:
a. The date on which the serious health condition commenced
b. The probable duration of the condition
c. Appropriate and sufficient medical facts within the knowledge of the health care provider that would entitle the employee to take family or medical leave
d. An estimate of the amount of time that the employee is needed to care for a family member
e. In cases of Medical Leave, a statement that the employee is unable to perform the essential functions of his/her position and an explanation of the extent to which the employee is unable to perform these essential functions.
Medical certifications should be submitted to the Office of Human Resources within 10 working days of submission of the employee's Family and Medical Leave Request Form.
2. Second/Third Opinions
The college has the option of requiring the employee to secure a second opinion from an independent medical provider selected by the college. The college will pay for the second opinion. If the two opinions conflict, the conflict may be resolved by a third opinion by a provider agreed to by the college and the employee which shall be considered final and binding. The college will pay for the third opinion.
C. Transfer to Alternative Position
The college reserves the right to require the employee to transfer to another position that better accommodates the employee's need for leave and/or the college's operations in all cases of intermittent and reduced-schedule leave.
D. Confidentiality
The college will keep confidential all information relating to requests for family or medical leave.
IV. Paid Leaves and Substitution of Sick Leave, Vacation Time and Personal Time for Unpaid Leaves
A. Paid Leave
1. Family Leave
a. The birth, adoption, or foster care placement of a child
(1) The employee will be paid his/her regular rate of pay for the first six weeks of approved leave
b. To care for a spouse, child or parent of the employee if that individual has a serious health condition
(1) Refer to Substitution Requirements and Options, Section IV, Part B for details.
2. Medical Leave
a. Administrative Staff (exempt): An employee who has completed his/her 1-year probationary period is eligible for paid medical leave for his/her own serious health condition while on an approved medical leave.
An employee who has not completed his/her 1-year probationary period may take unpaid time off or substitute vacation time. Refer to Substitution Requirements and Options, Section IV, Part B for details.
b. Support Staff (non-exempt): Refer to Substitution Requirements and Options, Section IV, Part B for details.
B. Substitution Requirements and Options
1. Sick Time
a. Family Leave
(1) The birth, adoption, or foster care placement of a child
(a) An employee who accumulates sick leave is required to substitute 50% of their sick leave when granted a family leave for the birth, adoption, or foster care placement of a child; the employee may elect to use 100% of his/her accrued sick leave.
(2) To care for a spouse, child or parent of the employee if that individual has a serious health condition
(a) An employee who accumulates sick leave is required to substitute up to 50% of his/her accrued sick leave when he/she is granted family leave to care for a child, spouse or parent who has a serious health condition.; the employee may elect to use 100% of his/her accrued sick leave
b. Medical Leave
(1) An employee who accumulates sick leave is required to substitute accrued sick leave when granted a medical leave because of his/her own health condition
2. Vacation Time
a. An employee who accumulates or is granted vacation is required to substitute up to 50% of his/her available vacation for any part of leave granted under this policy which would otherwise be unpaid
b. The employee may elect to use 100% of his/her accrued vacation
3. Personal Time
a. An employee who has earned personal time may substitute it for unpaid leave granted under this policy
V. Benefits
A. Group Health Insurance
1. During an approved leave, the college will maintain the employee's group health insurance
2. The employee is required to continue to pay his/her contribution to dependent medical insurance costs.
a. The contribution will be deducted from the employee's paycheck during leave if the employee is being paid.
b. If the employee is on unpaid leave he/she will pay the cost by remitting a check payable to Grinnell College at the Office of Human Resources by the 20th of each month.
3. If the employee fails to make the required payment for dependent health insurance coverage within 30 days of the date that such payment is due, health insurance coverage for covered dependents will be discontinued.
4. If the employee is financially unable to make payment for dependent health insurance coverage because of unpaid leave status, he/she may request continued coverage by filing a request with the Director of Human Resources. The employee will be notified whether or not coverage will be continued. If coverage is continued, the employee will be expected to arrange an appropriate repayment schedule for any premiums paid by the college for his/her dependent health insurance.
5. Upon receiving notice that the employee is not returning to employment with the college, or should the employee simply fail to return to employment with the college for less than 30 days after the leave has ended, the employee shall owe the college the cost of any benefits provided during the entire duration of the leave, including the employer contribution the to the employee's group health benefits. No such amount shall be owed if there is a reoccurrence or onset of a serious health condition, or in the opinion of the college, there is a change of circumstances beyond the employee's control.
B. Other Benefits
Other benefits normally provided to an employee shall be provided to the employee only if permitted by the plan document governing the provision of benefits.
C. Reinstatement of Benefits
The college has the right, upon the employee's return from leave, to refuse to reinstate any benefit or condition of employment that has been discontinued for the college's employees.
VI. Reinstatement to Duties
A. General
An employee taking leave under this policy will be returned to his/her same position or to an equivalent position, at the election of the college unless the employee would have been terminated in the absence of any leave. Taking of leave will not result in any loss of benefits or conditions of employment accrued prior to the beginning of the leave period.
B. Fitness-For-Duty Examinations
The college will require a fitness-for-duty certification prior to reinstatement where there is any question regarding the employee's ability to perform his/her job. The college reserves the right to make additional medical inquiries and/or require follow-up examinations, at the college's expense, to ensure that the employee can perform the essential functions of his/her job. These inquiries will be conducted on behalf of supervisors by the Office of Human Resources and the records will be maintained in the employee's benefit file.
C. Periodic Reporting
An employee on leave is required to report any change in his/her status, duration of leave, or intent to return. During leave, the college may require that an employee recertify the medical condition that caused the employee to take leave when the college obtains information that casts doubt on the continuing validity of the employee's original certification, when the employee requests an extension of leave, or when circumstances change.
D. COBRA
When an employee notifies the college that he/she is not returning from leave, the college shall terminate the employee's health benefits and he/she shall no longer have a right to restoration to the same or equivalent position. The employee shall be entitled to continuation of health insurance benefits in accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA) and the provisions of the Grinnell College group health insurance plan.
E. Failure to Return to Work
An employee who fails to return to work from a leave covered under this policy shall be treated as having voluntarily terminated his/her employment.
VII. Definitions
The following definitions, as provided in the Family and Medical Leave Act (FMLA) of 1993 and regulations issued by the Department of Labor, will be used by the college to administer its family and medical leave policy unless the college adopts another definition or exercises its option as provided by the Grinnell College Family and Medical Leave Policy and Procedures.
12-Month Period For the purpose of calculating an employee's eligibility for and use of leave, a one-year period is designated by the employer in accordance with methods prescribed by the Final Regulations. Employees are entitled to 12 weeks of unpaid leave within the designated 12-month period under the FMLA.
Continuing Treatment A term that limits the types of medical conditions covered by FMLA. In most cases, individuals must be under "continuing treatment" by or under the supervision of a health care provider. The term generally requires treatment two or more times by a health care provider, continuing supervision of a long-term or chronic illness by a health care provider, or continuing supervision by a health care provider after a single visit.
Eligible Employee An employee of an employer covered under FMLA who has worked 1000 hours in the past year, has worked 12 months for the employer and is employed at a work site where there are 50 employees within 75 miles of the work site.
Equivalent Position Upon return to employment, an employee must be restored to the same or and "equivalent position". The term means a position with substantially similar duties, conditions, responsibilities, privileges, and status as the employee had before commencing leave.
Family Medical Leave Leave taken because of the birth, adoption, or foster care placement of a son or daughter or to care for a spouse, child or parent with a serious health condition.
Foreseeable Leave Leave this is foreseeable based upon planned birth, adoption, or foster care placement, or medical treatment. Employers can require 30 days notice of foreseeable leave if it is practicable.
Foster Care Twenty-four hour care of a child by an employee effectuated by some action by the state.
Health Care Provider
Doctors of medicine or osteopathy authorized to practice medicine or surgery by the state in which the doctor practices;
Podiatrists, dentists, clinical psychologists, optometrists and chiropractors (limited to manipulation of the spine to correct a subluxation as demonstrated by x-ray to exist) who are authorized to practice, and who perform within the scope of their practice, under state law;
Nurse practitioners and nurse-midwives who are authorized to practice, and who perform within the scope of their practice, as defined under state law;
Christian Science practitioners who are listed with the First Church of Christ, Scientist in Boston, Massachusetts.
Incapable of Self Care The individual requires active assistance or supervision to provide daily self-care in three or more of the "activities of daily living" (ADLs) or "instrumental activities of daily living" (IADLs). Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing and eating. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.
Incapacity For purposes of FMLA., is defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery therefrom.
Intermittent Leave Taking leave in separate periods of time for a single serious health condition rather than a single, continuous period of time. Intermittent leave must be granted when medically necessary to care for a spouse, child or parent with a serious health condition or because of the employee's serious health condition.
Medical Certification The written certification of a health care provider that can be required of employees taking medical or family leave.
Medical Leave Leave taken because of a serious health condition that renders the employee unable to perform essential functions of his or her job.
Medical Necessity A precondition to intermittent leave or a reduced leave schedule in which medical need for either of these leave schedules is demonstrated by the employee and certified by his/her health care provider.
Parent For purposes of FMLA, the biological parent of an employee or a person who assumes, or has assumed, 24 hour supervision and financial responsibility for a child.
Reduced Schedule Leave Any work schedule of an employee eligible under FMLA whereby the employee takes leave by working a reduced number of hours per day or hours per week.
Regimen of Continuing Treatment Includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of treatment does not include the taking of over-the counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider.
Serious Health Condition An illness, injury impairment, or physical or mental condition that involves one of the following:
1. Hospital Care
Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.
2. Absence Plus Treatment
(a) A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:
(1) Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under order of, or on referral by, a health care provider; or
(2) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
3. Pregnancy
Any period of incapacity due to pregnancy, or for prenatal care.
4. Chronic Conditions Requiring Treatments
A chronic condition which:
(a) Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;
(b) Continues over an extended period of time (including recurring episodes of a single underlying condition); and
(c) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.)
5. Permanent/Long-term Conditions Requiring Supervision
A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.
6. Multiple Treatments (Non-Chronic Conditions)
Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.) severe arthritis (physical therapy), and kidney disease (dialysis).
Spouse A term limiting the individuals for whom an employee can take leave. Includes common law spouses if recognized by state law, but not unmarried partners.
Substitution The rules governing when and under what circumstances an employee can elect, or an employer can require, the use of paid leave under an employer's existing policies during otherwise unpaid FMLA leave.
Treatment Treatment includes examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations.
Unforeseeable Leave Any leave that is not foreseeable,
based upon the unexpected nature or timing of the need for leave.
Disclaimer
The college is the sole administrator of this policy and, as such, is the exclusive interpreter of its terms. All provisions of the policy shall be interpreted consistent with the Family and Medical Leave Act of 1993. The college reserves the right to modify or terminate this policy at any time. The information provided in this document is based on the college's understanding of the Family and Medical Leave Act and the interim regulations promulgated by the Department of Labor.