Cowley County Community College will comply with
the Family and Medical Leave Act (FMLA), as amended. The company posts the mandatory FMLA
Notice and upon hire provides all new employees with notices required
by the U.S. Department of Labor (DOL) on Employee Rights and Responsibilities
under the Family and Medical Leave Act. Information is posted
in the office of Human Resources and in each Academic Center. In addition,
the policy will be available to all employees on the Intranet and College
The function of this policy is to provide employees with a general description
of their FMLA rights. In the event of any conflict between this
policy and the applicable law, employees will be afforded all rights
required by law.
If you have any questions, concerns, or disputes with this policy, you
must contact the Director of Human Resources, in writing.
A. General Provisions
Under this policy, Cowley County Community College (the college) will
grant up to 12 weeks (or up to 26 weeks of military caregiver leave to
care for a covered servicemember with a serious injury or illness) during
a 12-month period to eligible employees. The leave may be paid,
unpaid, or a combination (paid and unpaid leave), depending on the circumstances
of the leave and the availability of the employee’s paid-time-off
To qualify to take family or medical leave under this policy, the employee
must meet all of the following conditions:
- The employee must have worked for the company
for 12 months or 52 weeks. The 12 months or 52 weeks need not have been consecutive. Separate
periods of employment will be counted, provided that the break in service
does not exceed seven years (unless the break is due to National Guard
or Reserve military service obligations).
- The employee must have worked at least 1,250 hours during the 12-month
period immediately before the date when the leave is requested to commence.
Time spent on paid or unpaid leave will not be counted while determining
the 1,250 hours of eligibility.
C. Type of Leave Covered
To qualify as FMLA leave under this policy, the employee must be taking
leave for one of the reasons listed below:
- The birth of a child and the ability to care for the newborn.
- The placement of a child for adoption or foster care and to care
for the newly placed child.
- To care for a spouse, child or parent with a serious health condition
(as defined by the FMLA regulations).
- The serious health condition of the employee (as
defined by the FMLA regulations). An employee may take leave because
of a serious health condition that makes the employee unable to perform
the functions of the employee’s position. Employees with questions
about what illnesses are covered under this FMLA policy are encouraged
to consult with the Director of Human Resources.
- Qualifying exigency leave for families of members of the National
Guard, Reserves or of a regular component of the Armed Forces when
the covered military member is on covered active duty (as defined by
the FMLA regulations) or called to covered active duty.
- Military caregiver leave (also known as covered servicemember leave)
to care for an injured or ill servicemember or veteran.
D. Amount of Leave
An eligible employee can take up to 12 weeks for the FMLA circumstances
(1) through (5) above under this policy during any 12-month period. Cowley
College will measure the 12-month period as a rolling 12-month period
measured backward from the date an employee uses any leave under this
policy. Each time an employee takes leave, the college will compute
the amount of leave the employee has taken under this policy in the
last 12-months and subtract it from the 12 weeks of available leave,
and the balance remaining is the amount the employee is entitled to
take at that time.
An eligible employee can take up to 26 weeks for the FMLA circumstance
(6) above during a single 12-month period. FMLA leave already taken
for other FMLA circumstances will be deducted from the total of 26 weeks
If a husband and wife both work for the college and each wishes to take
leave for the birth of a child, adoption or placement of a child in foster
care, or to care for a parent with a serious health condition, the husband
and wife may only take a combined total of 12 weeks of leave. If
a husband and wife both work for the college and each wishes to take
leave to care for a covered injured or ill servicemember, the husband
and wife may only take a combined total of 26 weeks of leave. Leave for
birth and care, or placement for adoption or foster care, must conclude
within 12 months of the birth or placement.
E. Employee Status and Benefit During Leave
While an employee is on leave, the college will continue the employee’s
health benefits during the leave period at the same level and under the
same conditions as if the employee had continued to work.
F. Employee Status after Leave
An employee who takes leave under this policy may be asked to provide
a fitness for duty (FFD) clearance from the health care provider. Generally,
an employee who takes FMLA leave will be able to return to the same position
or a position with equivalent status, pay, benefits and other employment
terms. The position will be the same or one which is virtually
identical in terms of pay, benefits and working conditions. The
college may choose to exempt certain key employees from this requirement
and not return them to the same or similar position.
G. Use of Paid and Unpaid Leave
An employee who is taking FMLA leave must use all paid sick and vacation
leave prior to being eligible for unpaid leave. Once all sick and
vacation leave is exhausted, the remaining FMLA leave will be unpaid.
H. Intermittent Leave or a Reduced Work Schedule
The employee may take FMLA leave in 12 consecutive weeks, may use the
leave intermittently (take a day periodically when needed over the year)
or, under certain circumstances, may use the leave to reduce the workweek
or workday, resulting in a reduced-hour schedule. In all cases,
the leave may not exceed a total of 12 workweeks (or 26 workweeks to
care for an injured or ill servicemember over a 12-month period).
The college may temporarily transfer an employee to an available alternative
position with equivalent pay and benefits if the alternative position
would better accommodate the intermittent or reduced schedule.
I. Certification for the Employee or Family Member’s Serious Health
The college will require certification for the employee or the family
member’s serious health condition. The employee must respond to
such a request within 15 days of the request or provide a reasonable
explanation for the delay. Failure to provide certification may
result in a denial of continuation of leave. The college has the
right to ask for a second opinion. The college will pay for the
employee or employee’s family member to get a certification from
a second doctor, which the college will select. The college may
request recertification for the serious health condition, as allowed
by the FMLA regulations.
J. Certification of Qualifying Exigency and/or Serious Injury or Illness
of Covered Servicemember for Military Family Leave
The college will require certification of the qualifying exigency for
military family leave or for the serious injury or illness of the covered
servicemember. The employee must respond to such a request within
15 days of the request or provide a reasonable explanation for the delay. Failure
to provide certification may result in a denial of continuation of leave. The
college may request recertification for the serious health condition,
as allowed by the FMLA regulations.
K. Procedure for Requesting FMLA Leave
All employees requesting FMLA leave must provide verbal or written notice
of the need for the leave to the Director of Human Resources. Within
five business days after the employee has provided this notice, the Director
of Human Resources will complete and provide the employee with the DOL
Notice of Eligibility and Rights.
When the need for the leave is foreseeable, the employee must provide
the college with at least 30 days’ notice. When an employee
becomes aware of a need for FMLA leave less than 30 days in advance,
the employee must provide notice of the need for the leave either the
same day or the next business day. When the need for FMLA leave
is not foreseeable, the employee must comply with the company’s
usual and customary notice and procedural requirements for requesting
leave, absent unusual circumstances.
L. Designation of FMLA Leave
Within five business days after the employee has submitted the appropriate
certification form, the Director of Human Resources will complete and
provide the employee with a written response to the employee’s
request for FMLA leave using the DOL Designation Notice.
Adopted October 18, 1993
Revised June 19, 2000
Reviewed July 21, 2003
Revised August 14, 2006
Revised August 11, 2008
Revised February 16, 2009
Revised October 15, 2012