Williams College Employee Handbook

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Family and Medical Leave Act

All full and part-time employees who have been employed by the College for at least twelve months, not necessarily consecutively, and have worked a minimum of 1,250 hours during the immediately preceding twelve months are eligible for a leave of absence under this policy.

POLICY STATEMENT

In accordance with the Family and Medical Leave Act of 1993 (FMLA) the College will grant eligible employees up to twelve weeks of unpaid leave during any twelve-month period for any of the following reasons:

to care for the employee's child within one year of birth, adoption, or the initiation of foster care;
to care for a child, spouse, or parent with a serious health condition;
because the employee's own serious health conditions makes the employee unable to perform his/her job; or
when a family member is called up to or on active military service.

The Family and Medical Leave Act (FMLA) also provides 26 weeks of unpaid leave in a single 12 month period for an employee caring for a family member recovering from an illness or injury suffered while on active military duty.

Upon completion of FMLA leave, an employee generally will be reinstated to the position that the employee held when the leave commenced, or to a position with equivalent pay, benefits and other terms and conditions of employment.

SCHEDULING OF FAMILY AND MEDICAL LEAVE

Eligible employees may take a maximum of twelve weeks of leave during any twelve-month period. In all cases, the twelve-month period shall be measured from a "rolling" twelve-month period measured backward from the date an employee begins to use FMLA leave.
Family leave, i.e., leave for childbirth, adoption, or foster care must be taken and completed within one year of the birth, adoption, or the initiation of foster care. Such leave ordinarily must be taken all at once unless the employee's supervisor agrees to an alternative leave arrangement that satisfies the operational needs of the College.
Medical leave, i.e., leave for the serious health condition of an employee or the employee's relative, may be taken whenever medically necessary. Depending on the circumstances, medical leave may be taken all at once or intermittently. However, if the employee's need for intermittent leave is foreseeable based on planned medical treatment, the employee must make a reasonable effort to schedule the treatment in a way that will minimize disruptions to the department's operations. The College may, with justifiable cause, ask an employee to modify his or her treatment schedule in order to better accommodate the department's needs.

EMPLOYEE NOTICE REQUIREMENTS

When the need for the requested leave is foreseeable or in the case where intermittent leave schedule is necessary for planned medical treatment, employees must provide as much prior notice as reasonably possible and make every effort to schedule the leave so as not to disrupt business operations.

MEDICAL CERTIFICATION REQUIREMENTS

Any employee requesting a medical leave must provide a doctor's statement supporting the employee's need for leave within fifteen days after requesting leave. Employees should contact Human Resources as soon as their need for a medical leave is determined to obtain the College's Medical Certification form.
A doctor's statement may be required periodically while an employee is on medical leave in order to certify the employee's continuing need for leave. A doctor's statement also may be required if an employee requests an extension of leave, or if there is a significant change in circumstances related to the employee's need for leave.
As a condition of returning to work, an employee who has been on medical leave must present a doctor's statement certifying that the employee is well enough to resume work. A medical certification also will be required in any case where an employee on FMLA leave represents that he or she is unable to return to work for medical reasons. (Note: If an employee fails to return from FMLA leave, the employer may seek reimbursement for any health insurance premiums that it paid during leave unless the employee cannot return for medical reasons or other circumstances beyond the employee's control.)

STATUS OF COMPENSATION AND BENEFITS WHILE ON FMLA LEAVE

FMLA leave will be without pay except when an eligible employee uses accrued sick, vacation, personal, or short-term disability leaves to qualify for compensation during time away. Where employees have earned leave available, they are required to use it first.
The College will maintain an employee's health and dental insurance coverage for the duration of the employee's FMLA leave. The College will continue to pay its portion of the employee's health insurance premiums provided that the employee pays his or her contributory portion on a timely basis. Employees requesting leave should contact the Benefits Office to arrange an acceptable payment schedule.
The College will maintain and pay its portion of the premiums for other benefits during FMLA leave, including supplemental life and disability insurance, provided that the employee pays his or her contributory portion on a timely basis. (Note: Employers are not required to continue any benefits other than medical insurance during FMLA leave unless a lapse in coverage would jeopardize the resumption of such benefits at the conclusion of FMLA leave.)
Employees will not accrue paid leave, i.e., vacation leave, during FMLA leave. However, such leave periods will be treated as continued service for the purpose of calculating retirement plan vesting and eligibility.

RETURN TO WORK

An employee on FMLA leave is expected to report periodically to the employee's supervisor on his or her status and intent to return to work.
The College will make every effort to restore all employees on leave to their original or positions with equivalent pay, benefits, and other employment terms.

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