Family and Medical Leave Policy (FMLA) Updated

Family and Medical Leave Policy (FMLA)
Updated May 2015
Babson College complies with the Family and Medical Leave Act of 1993 (FMLA), as amended by the
National Defense Authorization Act (NDAA) of 2008 and 2010. Babson posts the mandatory FMLA Notice,
and upon hire, provides 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.
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 or concerns with this policy, please contact the Benefits Manager in Human
Resources.
A. General Provisions
The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 work weeks of unpaid
leave a year, and requires group health benefits to be maintained during the leave as if employees
continued to work instead of taking leave. Employees are also entitled to return to their same or an
equivalent job at the end of their FMLA leave.
The FMLA also provides certain military family leave entitlements. Eligible employees may take FMLA
leave for specified reasons related to certain military deployments of their family members. Additionally,
they may take up to 26 weeks of FMLA leave in a single 12-month period to care for a covered service
member with a serious injury or illness.
The leave may be paid, unpaid, or a combination of paid and unpaid leave, depending upon the
circumstances of the leave and as specified in this policy.
B. Eligibility Requirements
In order to be eligible to take leave under FMLA, an employee must:
•
•
Have worked for Babson College for 12 months. The 12 months of employment are not required
to be consecutive in order for the employee to qualify for FMLA leave. In general, only
employment within seven years is counted unless the break in service is (1) due to an employee’s
fulfillment of military obligations, or (2) governed by a collective bargaining agreement or other
written agreement, and;
Have worked 1,250 hours during the 12 months prior to the start of leave. The 1,250 hours include
only those hours actually worked. Paid leave and unpaid leave, including FMLA leave, are not
included.
C. Qualified Conditions
A request for Leave will be granted for:
5/15/2015
1.
2.
3.
4.
The birth of a son or daughter, and to care for the newborn child;
The placement with the employee of a son or daughter for adoption or foster care;
The care for the employee's spouse, son, daughter, or parent with a serious health condition;
A serious health condition that makes the employee unable to perform the functions of the
employee's job;
5. Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or
parent is a military member on covered active duty (or has been notified of an impending call or
order to covered active duty status); and
6. The care for a covered service member with a serious injury or illness if the employee is the
spouse, son, daughter, parent, or next of kin of the covered service member.
D. Definition of a Serious Health Condition
A serious health condition means an illness, injury, or a physical or mental condition that involves one of
the following:
•
•
•
•
Conditions requiring an overnight stay in a hospital or other medical care facility;
Conditions that incapacitate you or your family member (for example, unable to work or attend
school) for more than three consecutive days and have ongoing medical treatment (either
multiple appointments with a health care provider, or a single appointment and follow-up care
such as prescription medication);
Chronic conditions that cause occasional periods when you or your family member are
incapacitated and require treatment by a health care provider at least twice a year; and
Pregnancy (including prenatal medical appointments, incapacity due to morning sickness, and
medically required bed rest).
Under the regulations, employees continue to be able to use FMLA leave for any period of incapacity or
treatment due to a chronic serious health condition. The regulations continue to define a chronic serious
health condition as one that (1) requires “periodic visits” for treatment by a health care provider or nurse
under the supervision of the health care provider, (2) continues over an extended period of time, and (3)
may cause episodic rather than continuing periods of incapacity. The regulations clarify this definition by
defining “periodic visits” as at least twice a year.
FMLA leave may be available to address certain health-related issues resulting from domestic violence.
An eligible employee may take FMLA leave because of his or her own serious health condition or to care
for a qualifying family member with a serious health condition that resulted from domestic violence. For
example, an eligible employee may be able to take FMLA leave if he or she is hospitalized overnight or is
receiving certain treatment for post-traumatic stress disorder that resulted from domestic violence.
E. Military Family Leave Provisions
FMLA leave is granted for families of current members of the Armed Forces, including a member of the
National Guard or Reserves, or a member of the Armed Forces, the National Guard or Reserves who is on
the temporary disability retired list, who has a serious injury or illness incurred in the line of duty on active
duty for which he or she is undergoing medical treatment, recuperation, or therapy; or otherwise in
outpatient status; or otherwise on the temporary disability retired list.
5/15/2015
Military Exigency Leave
An eligible employee whose spouse, son, daughter or parent either has been notified of an impending call
or order to covered active military duty or who is already on covered active duty may take up to 12 weeks
of leave for reasons related to, or affected by, the family member’s call-up or service.
The qualifying military exigency must be one of the following:
1. short-notice deployment;
2. military events and activities;
3. child care and school activities;
4. financial and legal arrangements;
5. counseling;
6. rest and recuperation;
7. post-deployment exigencies, including reintegration activities, for a period of 90 days following
the termination of the military member’s covered active duty status, and;
8. additional activities that arise out of active duty, provided that Babson College and the employee
agree, including agreement on timing and duration of the leave.
Military Caregiver Leave
An eligible employee is entitled to take up to 26 work weeks of leave during a “single 12-month period”
to care for a seriously injured or ill covered service member, or for the care of a veteran injured in the line
of duty during the preceding five years. In order to care for a covered service member, an eligible
employee must be the spouse, son, daughter, or parent, or next of kin of a covered service member.
The “single 12-month period” begins on the first day the eligible employee takes military caregiver leave
and ends 12 months after that date, regardless of the method used by the employer to determine the
employee’s 12 work weeks of leave entitlement for other FMLA-qualifying reasons.
If an employee does not use his or her entire 26 work week leave entitlement during the single 12-month
period of leave, the remaining work weeks of leave are forfeited. After the end of the single 12-month
period for military caregiver leave, however, an employee may be entitled to take FMLA leave to care for
the covered military member if the member is a qualifying family member under non-military FMLA and
he or she has a serious health condition.
F. Amount of Leave
An eligible employee can take up to 12 work weeks for the FMLA qualified conditions numbered 1 through
5, noted above, during a 12-month period. Babson College will measure the 12-month period as a rolling
12-month period measured forward from the date an employee uses any leave under this policy.
An eligible employee can take up to 26 work weeks for the qualified condition of military caregiver leave,
noted above, during a single 12-month period. Babson College will measure the 12-month period as a
rolling 12-month period measured forward. FMLA leave already taken for other FMLA circumstances will
be deducted from the total of 26 weeks available.
If legally married spouses both work for Babson College, and each wishes to take leave for the birth of a
child, adoption, or placement of a child in foster care, the two employees may only take a combined total
of 12 work weeks of leave.
5/15/2015
If spouses both work for Babson College, and each wishes to take leave to care for a covered injured or ill
service member, the two employees may only take a combined total of 26 weeks of leave.
G. Employee Status and Benefits During Leave
While an employee is on leave, Babson College must 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.
If the employee chooses not to return to work for reasons other than a continued serious health condition
of the employee or the employee's family member or a circumstance beyond the employee's control,
Babson College will require the employee to reimburse Babson College the amount it paid for the
employee's benefits during the leave period.
While on paid leave, Babson College will continue to make payroll deductions to collect the employee's
share of the premium.
While on unpaid leave, the employee must continue to make this payment and will be billed directly by
Crosby Benefits. Information from Crosby Benefits will be provided to the employee and will include
payment options and deadlines.
If the unpaid leave is one month or less in duration, the employee may elect to repay missed deductions
upon their return to work.
Babson College’s obligation to maintain health benefits under FMLA stops if and when the employee
informs Babson of the intent not to return to work at the end of the leave period, or if the employee fails
to return to work when the FMLA leave entitlement is exhausted. Babson's obligation also stops if the
employee's premium payment is more than 30 days late and Babson has given the employee written
notice at least 15 days in advance advising that coverage will cease if payment is not received.
H. 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. This requirement will be included in the employer’s response to the FMLA
request. 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. Babson College may
choose to exempt certain key employees from this requirement and not return them to the same or
similar position.
I. Use of Paid and Unpaid Leave
An employee who is taking FMLA leave because of their own serious health condition, parental leave, or
for an eligible family member’s serious health condition, must use all employer-provided paid time off.
Employees will use all applicable paid time off benefits, including but not limited to vacation time, floating
holiday, short-term salary continuation, workers compensation, family illness, and parental leave. Once
all paid time off has been exhausted, any remaining time away from work under FMLA will be considered
unpaid leave. All paid and unpaid leave runs concurrently with the amount of time available under FMLA
leave and does not extend the length of time you may be away from work.
5/15/2015
Leave taken under the Massachusetts Maternity Leave Act will run concurrently with FMLA.
J. 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 their 12-month period) 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 service member over a 12month period.
Babson 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, in instances of when leave for the employee or employee's family member is foreseeable and
for planned medical treatment, including recovery from a serious health condition or to care for a child
after birth, or placement for adoption or foster care.
For the birth, adoption or foster care of a child, Babson College and the employee must mutually agree to
the schedule before the employee may take the leave intermittently or work a reduced hour schedule. If
the employee is taking leave for a serious health condition or because of the serious health condition of
a family member, the employee should try to reach agreement with Babson College before taking
intermittent leave or working a reduced hour schedule. If this is not possible, then the employee must
prove that the use of the leave is medically necessary.
K. Certification for the Employee’s Serious Health Condition
Babson College will require certification of the employee’s serious health condition from their healthcare
provider. The employee must respond within 15 days of the request for certification or provide a
reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation
of leave. Medical certification will be provided by the using the DOL form WH-380-E, Certification of
Health Care Provider for Employee’s Serious Health Condition. Employees may obtain the form from the
Benefits Manager in Human Resources.
Babson may directly contact the employee’s health care provider for verification or clarification purposes
using a health care professional or HR professional. Before Babson contacts the health care provider, the
employee will be a given an opportunity to resolve any deficiencies in the medical certification. In
compliance with HIPAA Medical Privacy Rules, Babson must obtain the employee’s permission for
clarification of individually identifiable health information.
Babson has the right to ask for a second opinion if it has reason to doubt the certification. Babson will pay
for the employee to obtain a certification from a second doctor, which Babson will select. Please be
advised that Babson may deny FMLA leave to an employee who refuses to release relevant medical
records to the health care provider designated to provide a second or third opinion. If necessary to resolve
a conflict between the original certification and the second opinion, Babson will require the opinion of a
third doctor. Babson and the employee will mutually select the third doctor, and Babson will pay for the
opinion. This third opinion will be considered final. The employee will be provisionally entitled to leave
and benefits under the FMLA pending the second and/or third opinion.
L. Certification for the Family Member’s Serious Health Condition
5/15/2015
Babson College will require certification of the family member’s serious health condition from their
healthcare provider. The employee must respond within 15 days of the request for certification or provide
a reasonable explanation for the delay. Failure to provide certification may result in a denial of
continuation of leave. Medical certification will be provided by the using the DOL form WH-380-F,
Certification of Health Care Provider for Family Member’s Serious Health Condition. Employees may
obtain the form from the Benefits Manager in Human Resources.
Babson may directly contact the family member’s health care provider for verification or clarification
purposes using a health care professional or HR professional. Before Babson contacts the health care
provider, the employee will be a given an opportunity to resolve any deficiencies in the medical
certification. In compliance with HIPAA Medical Privacy Rules, Babson must obtain the family member’s
permission for clarification of individually identifiable health information.
Babson has the right to ask for a second opinion if it has reason to doubt the certification. Babson will pay
for the employee’s family member to obtain a certification from a second doctor, which Babson will select.
Please be advised that Babson may deny FMLA leave to an employee if the family member refuses to
release relevant medical records to the health care provider designated to provide a second or third
opinion. If necessary to resolve a conflict between the original certification and the second opinion,
Babson will require the opinion of a third doctor. Babson and the employee’s family member will mutually
select the third doctor, and Babson will pay for the opinion. This third opinion will be considered final. The
employee will be provisionally entitled to leave and benefits under the FMLA pending the second and/or
third opinion.
M. Certification of Qualifying Exigency for Military Family Leave
Babson College will require certification of the qualifying exigency for military family leave. The employee
must respond 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. Certification will be provided by the
using the DOL form WH-384, Certification of Qualifying Exigency for Military Family Leave. Employees
may obtain the form from the Benefits Manager in Human Resources.
N. Certification for Serious Injury or Illness of Covered Service Member for Military Family Leave
Babson College will require certification for the serious injury or illness of the covered service member.
The employee must respond 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. Certification will be
provided by the using the DOL form WH-385, Certification for Serious Injury or Illness of covered service
member. Employees may obtain the form from the Benefits Manager in Human Resources.
O. Recertification
Babson College may request recertification for the serious health condition of the employee or the
employee’s family member no more frequently than every 30 days and only when circumstances have
changed significantly, or if the employer receives information casting doubt on the reason given for the
absence, or if the employee seeks an extension of his or her leave. Otherwise, Babson may request
recertification for the serious health condition of the employee or the employee’s family member every
six months in connection with an FMLA absence.
5/15/2015
P. Procedure for Requesting FMLA Leave
All employees requesting FMLA leave must provide verbal or written notice of the need for the leave to
their manager and the Benefits Manager in Human Resources. At least 30 days’ notice must be provided
to Babson College when the need for the leave is foreseeable.
If the need for leave is immediate or less than 30 days away, the employee must provide notice on either
that day or by the next business day, if practicable.
When the need for leave is sudden and immediate, the employee must comply with Babson’s usual and
customary procedural requirements for calling off from work, absent unusual circumstances.
Q. Employer Response and Designation of FMLA Leave
Within five business days after the employee has provided initial notice for the need for leave, the Benefits
Manager must provide the employee with a copy of their Eligibility and Rights as provided in the Dept. of
Labor Notice.
Within five business days after the employee has submitted the appropriate medical certification form,
the Benefits Manager must provide the employee with a written employer response to the request for
FMLA leave using the DOL Designation Notice WH-382.
R. Intent to Return to Work from FMLA Leave
On a basis that does not discriminate against employees on FMLA leave, Babson College may require an
employee on FMLA leave to report periodically on the employee’s status and intent to return to work.
5/15/2015