Policy Manual

A.    Eligibility

1)      Family and Medical Leave Act (FMLA) and an Act to Protect Victims of Crimes in the Workplace allows eligible employees up to twelve (12) workweeks of unpaid leave in a 12-month period for certain family, personal or medical situations and up to 26 weeks of leave in any 12-month period in compliance with the expansion of FMLA under The Support for Injured Servicemembers Act of 2007. �Subject to the requirements of this policy and the applicable federal and state regulations, an eligible employee may request and will be granted up to twelve (12) workweeks of FMLA during any twelve (12) month period for one or more of the following events:

a.      Birth of the employee's son or daughter and to care for the newborn child;

b.     The placement of child for adoption or foster care in the employee's home and to care for the newly placed child;

c.      The care of the employee's spouse, child or parent with a serious health condition; or

d.     A serious health condition that makes the employee unable to perform the essential functions of the employee's position.

e.      To prepare for and attend court proceedings, receive medical treatment or obtain necessary services to remedy a crisis caused by domestic violence, sexual assault or stalking.

f.��� This leave may extend to up to 26 weeks in a 12-month period for an employee whose spouse, son, daughter, parent or next-of-kin is injured or recovering from an injury suffered while on active military duty and who is unable to perform the duties of the servicemember�s office, grade, rank or rating. Next-of-kin is defined as the closest blood relative of the injured or recovering servicemember. An employee is also eligible for this type of leave when the family servicemember is receiving medical treatment, recuperation or therapy, even if the servicemember is on temporary disability retired list.

2.     An employee taking FMLA will not lose any employment benefit accrued prior to the date leave commenced; but nothing in this policy entitles any employee who returns from leave to the accrual of any seniority or additional employment benefits during any unpaid period of the leave.

3.     Unless one of the exceptions in the law applies, an employee who takes an FMLA leave for the intended purpose of the leave will be entitled, on timely return from the leave and completion of all required documentation, to be restored to the position held when the leave commenced or to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment. 

B.� ����� Calculation of Leave

 1.     To determine the amount of FMLA an eligible employee may request, the following rules apply:

a.      Community Care applies a rolling twelve (12) month period measured from the date of the employee's most recent designated FMLA leave.

b.     Entitlement to FMLA leave for the birth/care of a newborn child or for the placement of a child for adoption or foster care expires twelve months from the date of the child's birth or placement.

c.      If both spouses are employed by Community Care, each employee may use up to twelve (12) workweeks of FMLA during any twelve (12) month period if the leave is for purposes described above. The total leave used by each employee for FMLA purposes may not exceed twelve (12) workweeks in any twelve (12) month period. 

C.� ����� Intermittent or Reduced Leave Schedules

 1.     Subject to the limitations and certifications set forth in the FMLA, leaves may be taken intermittently or on a reduced leave schedule:

a.      If medically necessary for medical treatment or for recovery from treatment or a serious health condition. Community Care will ask that a health care provider certify the medical necessity and expected duration and schedule of such leave.

b.     To care for an immediate family member with a serious health condition as specified by federal regulation.

c.      For the birth, care or placement of a child in the employee's home, only if the intermittent or reduced schedule leave will not interfere with the efficient operation of the employee's team as approved by the employee's immediate supervisor and/or the Executive Director or their designee.

 2.     At Community Care's request, the employee may be required to transfer temporarily to an available alternate position for which the employee is qualified and that has equivalent pay and benefits and better accommodates recurring periods of leave than the employee's regular position.

D.    Substitution of Accrued Paid Leave

1.     An employee must substitute any available paid leave for any unpaid FMLA leave. Upon exhaustion of any available CarePET, the remainder of any FMLA will be unpaid. The combination of paid and unpaid leave used for an FMLA purpose may not exceed twelve (12) workweeks in any twelve (12) month period.

2.     FMLA leave will run concurrently with CarePET leave or worker's compensation related leave if the injury is one that meets the criteria for a serious health condition.

3.     Employees must use CarePET Leave Time as outlined above to the extent that they may retain a maximum of 40 hours of CAREPET Leave Time for use after their return from leave.

4.     CarePET FMLA (listed as FUND LTS on the Time Sheet) Paid Leave Time cannot be utilized until all but a 40 hour balance remains in an employee's CarePET Vacation and Leave Time account.

E.     Insurance Coverage While on FMLA Leave 

1.     Insurance coverage (health, dental, life, accidental death and dismemberment, and life) will be continued while the employee is on approved Family and Medical Leave.

2.     The employee will be responsible for paying his/her share of and/or contribution to the premium (including dependent premiums if applicable).

a.      While on an unpaid FMLA leave, the employee will be responsible for paying their share of and/or contribution to the premium by submitting payment to Human Resources in advance of the approved FMLA leave, by each pay date of the FMLA leave or through payroll deduction within one month�s time of return of the approved FMLA leave.

3.     Community Care's may recover its share of the premiums for maintaining insurance coverage for the employee on an FMLA leave if the employee fails to return to work (or returns but fails to stay 30 calendar days after the individual's FMLA leave period has terminated) reasons other than the continuation or onset of a serious health condition entitling the employee to leave as defined above, or other circumstances beyond the employee's control. Until the premiums are recovered, Community Care will notify the insurance company of non-payment of premiums for the determination of canceling coverage back to the date of non-payment, until payment is made.� Certification of inability to return to work as specified and allowed by the FMLA will be required.

 F.     Application Procedure

1.     An employee may request FMLA by submission of an FMLA Leave Request Form.

2.     The employee is expected to provide notice of the need for FMLA as follows:

 a.    Birth, adoptive, or foster care of child. An eligible employee who desires leave for the birth/care of a child, or for adoption or foster care placement must notify their immediate supervisor in writing not less than thirty (30) calendar days in advance of the start date of the leave. If not foreseeable, the employee must provide as much written notice as is practical under the circumstances, generally within two (2) working days of learning of the need for leave.

b.     Planned medical treatment. An eligible employee who desires leave for planned medical treatment for herself/himself or for her/his spouse, child or parent, should notify their immediate supervisor in writing as early as possible so that the absence can be scheduled at a time least disruptive to the team's and agency's operations. Such notice should be submitted at least thirty (30) calendar days before the start of leave. If the medical condition makes such notice impractical, the employee must provide written notice as early as circumstances permit, generally within two (2) working days of learning of the need for leave.

c.      Care of immediate family member. If the employee desires leave to care for a spouse, child, or parent who has a serious health condition, the employee will notify their immediate supervisor in writing of the need for such leave and provide a medical certificate, certifying that the family member suffers from a serious health condition, the employee is needed to care for the family member and providing an estimate of the amount of time that the employee is needed for such care.

d.     Employee's serious health condition. If the requested leave is because of the employee's serious health condition, the employee will be required to submit a medical certificate.

e.      Events relative to being a victim of violence. The employee must notify the employee's immediate supervisor as soon as practically possible prior to the requested leave.

3.     Employees who have worked for Community Care for less than twelve (12) months or 1,250 hours or the reason for the leave does not fit the eligibility for FMLA may submit a Request for Family and Medical Leave to their immediate supervisor to determine if other leave is available (see Procedure:� Leave of Absence � Personal � Non-FMLA).

 G.    Notice of Status and Intent to Return to Work

1.     An employee on an approved FMLA leave under this policy must keep their supervisor apprised of their leave status and intent to return to work upon conclusion of the leave.

2.     An employee may also be required to submit a fitness-for-duty certification before returning to work. 

H.   Second and Third Medical Opinions - If there is reason to doubt the validity of the medical certification, Community Care may, at its own expense, require second and third opinions, as specified by the FMLA, to resolve the issue.

I.       Community Care Notice to Employee of Designation of FMLA Leave 

1.     Once Community Care acquires knowledge that any leave employ takes is for an FMLA-qualifying reason, Human Resources will notify the employee that the leave is designated and will be counted as FMLA leave.

2.     All maternity/parental leaves will be designated as FMLA leave.

3.    A copy of the completed and approved FMLA notice will be included in the employee's personnel file.  

DISCLAIMER

This policy is intended to comply with the requirements of the Family and Medical Leave Act of 1993, and any terms used from the FMLA will be as defined in the Act or the U.S. Department of Labor ("DOL") or state regulations. To the extent that this policy is ambiguous or contradicts the Act or DOL or state regulations, the language of the Act or regulations will prevail.