Family and Medical Leave

Administrative Procedure 5.306

Elgin Community College will comply with the Family and Medical Leave Act of 1993 (FMLA). Pursuant to the FMLA, the College will grant its employees up to 12 weeks or equivalent hours of unpaid leave if the eligible employee meets the appropriate requirements of the FMLA as set forth in this procedure.    

1. An approved family and/or medical leave of absence is defined as a period of unpaid leave of up to twelve weeks provided to eligible employees, provided there are exceptional circumstances that impact a family's wellbeing. Leave may be taken for conditions as listed in the FMLA.
2. The provisions of this procedure will apply to all family and medical leaves of absence except to the extent that such leaves are covered under other paid employment benefits plans or policies for any part of the twelve weeks of leave to which the employee may be entitled under this procedure.  If an employee is entitled to paid leave under another benefit plan or policy, the employee may take the paid leave.
3. To be eligible for this leave, an employee must have been employed for at least twelve months in total (they need not to be consecutive) and must have worked at least 1250 hours during the twelve-month period immediately preceding the commencement of the leave.  An employer may also deny restoration to a “key” employee under certain circumstances. A key employee is a salaried, FMLA eligible employee who is among the highest-paid 10 percent of all of the employer’s employees within 75 miles. To deny restoration to a key employee, an employer must have determined that substantial and grievous economic injury to its operations would result from the restoration, must have provided notice to the employee that he or she is a key employee and that restoration will be denied, and must provide the employee a reasonable opportunity to return to work.
4. The College will require medical certification to support a claim for leave for an employee’s own serious health condition or to care for a seriously ill child, spouse, or parent.  For the employee's own medical leave, the certification will include a statement that the employee is unable to perform the functions of his/her position.  For the employee's leave to care for a seriously ill child, spouse or parent, the certification will include an estimated amount of time the employee is needed to provide care.  In its discretion, the College may require a second medical opinion and periodic certification at its own expense.  If the first and second opinions differ, the College, at its own expense, may require the binding opinion of a third health care provider, approved jointly by the College and the employee.
5. If medically necessary for a serious health condition of the employee or his/her child, spouse or parent, an employee leave may be taken on an intermittent or reduced leave schedule.  If leave is requested on this basis, the College may require the employee to transfer temporarily to an alternative position that better accommodates recurring periods of absence or a part-time schedule, provided that the position has equivalent pay and benefits.
6. Spouses who are both employed by the College are entitled to twelve weeks of leave individually for the birth or adoption of a child or the care of a sick parent.
7. When the need for leave is foreseeable, such as the birth or adoption of a child, or planned medical treatment, the employee must provide reasonable prior notice (generally 30 days) and make efforts to schedule the leave without disruption to College operations. When the need for leave is foreseeable less than 30 days in advance or is unforeseeable, employees must provide notice as soon as possible and practicable under the circumstances. In the case of illness, the employee will be required to report periodically on his/her leave status and intention to return to work.  In an emergency, an employee must file medical certification with the College within 7 days of the onset of the illness.  The immediate supervisor will be notified of all such requests for leaves by the employee.
8. Any employee granted an approved leave of absence under this procedure will provide for the retention of his/her group insurance coverage by arranging to pay the premium contributions during the period of unpaid absence.
9. In the event that an employee chooses not to return to work upon completion of an approved unpaid leave of absence, the College may choose to recover from the employee the cost of any payments made to maintain the employee's coverage.  Benefits entitlement based upon length of service will be calculated as of the last paid workday prior to the start of the unpaid leave of absence.
10. A request for Family and Medical Leave of Absence form will be completed by the employee.  This form will be completed in detail, signed by the employee, submitted to the immediate supervisor for proper approvals, and forwarded to Human Resources.  If possible, the form should be submitted thirty days in advance of the effective date of the leave.
11. All requests for family and medical leaves of absence due to illness will include the following information, which will be attached to the completed Request for Family and Medical Leave of Absence form with sufficient medical certification stating:   

A. The date on which the serious health condition commenced  

B. The probable duration of the condition  

C. The appropriate medical facts within the knowledge of the health care provider regarding the condition.    

NOTE:  Medical information should be submitted to HR-Benefits, not the Supervisor.  

In addition, for purposes of leave to care for a child, spouse, or parent, the certificate should give an estimated amount of time the employee will be needed to provide such care.  For purposes of leave for an employee's illness, the certificate will state that the employee is incapacitated.  In the case of certification for intermittent leave or leave on a reduced leave schedule for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment must be stated.  

    12. All provisions of this procedure will prevail except as modified by any applicable labor agreement.  The FMLA also contains certain other requirements and obligations. For more information, consult the Department of Human Resources.

This policy was last reviewed on 08/31/2023.