Family Medical Leave Act

The Family and Medical Leave Act of 1993 (FMLA) entitles eligible employees to 12 weeks or a one-time 26 weeks for injured service member care of job-protected leave in a 12 month period. 

Family and Medical Leave (FMLA) is not a stand alone or separate leave. It runs concurrently with paid sick leave, vacation, personal leave, unpaid leave of absences, and workers' compensation.

Delta College will measure the 12-month period as a rolling 12-month period measured forwards from the date an employee uses any leave under this policy.

IMPORTANT: Supervisors: When you become aware of employees in your area that may qualify for FMLA leave or have any questions regarding FMLA, please contact Human Resources as soon as possible to determine if the employee is eligible.

To be eligible for FMLA, employees must:

• • Be employed at least one year (need not be continuous or consecutive) prior to the leave AND
  • Have worked 1,250 hours during the twelve (12) months immediately preceding the first day of the FMLA leave

IMPORTANT: Determination is made by Human Resources of employee eligibility based on employment records

Eligible employees can take leave for the following reasons:

• • For incapacity due to pregnancy, prenatal medical care or child birth;
    To care for the employee's child after birth, or placement for adoption or foster care;
  • To care for the employee's spouse, son or daughter (under 18 years of age or over 18 if incapable of self-care due to disability), or parent, who has a serious health condition;
  • For a serious health condition that makes the employee unable to perform the employee's job;
  • Because of a qualifying exigency arising out of the fact that the employee's spouse, son or daughter or parent has been called to or is on covered active duty in the Armed Forces, National Guard or Reserves;
  • Because the employee is a spouse, son or daughter, parent or next of kin of a covered service member with a serious injury or illness

"Under the FMLA, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves either 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."

Based on the definition of serious health condition stated above, serious health conditions involve two broad categories:

Inpatient Care 

Any condition or treatment that involves an overnight stay in a hospital, hospice or residential care
facility

Continuing Treatment

When the serious health condition involves continuing treatment by a health care provider

 The types of serious health conditions include:

• • Conditions that incapacitate the employee or family member for more than three consecutive, full calendar days and any subsequent treatment or period of incapacity relating to the same condition that also includes
    • Treatment 2 or more times by or under the supervision of a health care provide (i.e. in- person visits, the first within 7 days and both within 30 days of the first day of incapacity) or
    • One treatment by a health care provider (i.e. an in-person visit within 7 days of the first day of incapacity) with a continuing regimen of treatment (e.g., prescription medication, physical therapy); or
  • Pregnancy and prenatal care; or
  • Chronic health conditions which requires visits at least twice a year for treatment by a health care provider over an extended period of time and may cause episodic rather than a continuing period of incapacity; or
  • Conditions that are permanent or long-term and for which treatment may not be effective  Active treatment is not required, but supervision by a health care provider is required; or
  • Restorative surgery after an accident or other injury; or
  • Conditions that would likely result in a period of incapacity of more than three consecutive calendar days if not treated

If the reason for FMLA is foreseeable (such as planned surgeries or normal births), you must give thirty (30) days notice.

If the need for leave is unexpected (such as a serious injury in a car accident or a premature birth), you must notify Delta College as soon as practicable. Notice to Delta College is accomplished by completing a FMLA request form, which is available in the Human Resources Department. If the reason for leave involves a serious health condition, you will be given a Certification of Health Care Provider form that must be completed by your physician and returned to Human Resources within fifteen (15) calendar days.

An employer may designate an employee with a serious health condition to take FMLA leave, even if he or she does not want to.

Per section § 825.302 of the FMLA, (e) Scheduling planned medical treatment. When planning medical treatment, the employee must consult with the employer and make a reasonable effort to schedule the treatment so as not to disrupt unduly the employer's operations, subject to the approval of the health care provider. Employees are ordinarily expected to consult with their employers prior to the scheduling of treatment in order to work out a treatment schedule which best suits the needs of both the employer and the employee. The key thing to remember here is "subject to the approval of the health care provider." The employee should make a reasonable effort to work with their supervisor to plan their time off, but supervisors should not dictate the time of the medical treatment. The employee's treatment schedule is provided through the doctor's professional medical evaluation.

Yes, FMLA may be used intermittently (treatment every Tuesday, rehab three times a week, allergy shots once a month, etc.) and taken in less than one day increments or used to work a reduced schedule.

No.  However, the employer does have a right through the FMLA regulations to request a complete and sufficient medical certification that confirms a serious health condition exists for you or your family member.  The medical certification is signed and dated by the employee's doctor and contains the following information:

• •  That you or your family member have a serious health condition
  • When the serious health condition started
  • Whether the absence will be continuous, intermittent or a reduced work schedule is required
  • The date the employee is expected to return to work
  • Whether further treatment is required after the employee returns to work

Yes.  Medical certification is required by Delta College for any leave associated with a serious health condition for the employee or a qualifying family member.

It is the employee's responsibility to obtain a completed certification form from the healthcare provider/professional.

Employees have fifteen (15) calendar days to submit the completed certification form once the initial request is submitted. Failure to do so may result in the leave not counting as FMLA and therefore not subject to the protections of the Act.

Employees are responsible for any costs associated with the completion of the form.

The employee provides the Human Resources Office certification to return to work after a medical leave for work duty specifications.

If the employee has accrued paid leave, the employee must use paid leave first and take the remainder of the twelve (12) weeks as unpaid leave.

Sick leave must be used first, then vacation, personal business time, and compensatory time (optional).

Human Resources, Shannon Mehl at ext. 9106 or email at shannonmehl@delta.edu  or Stephanie Kontranowski at ext. 9104 or email stephaniekontranowsk@delta.edu