{"id":492,"date":"2024-12-17T17:45:17","date_gmt":"2024-12-17T17:45:17","guid":{"rendered":"https:\/\/policies.pstcc.edu\/?page_id=492"},"modified":"2025-01-06T00:33:20","modified_gmt":"2025-01-06T00:33:20","slug":"policy-060716","status":"publish","type":"page","link":"https:\/\/policies.pstcc.edu\/?page_id=492","title":{"rendered":"POLICY 06:07:16"},"content":{"rendered":"\n

FAMILY, MEDICAL, AND SERVICEMEMBER LEAVE<\/strong><\/h2>\n\n\n\n

Purpose<\/p>\n\n\n\n

In compliance with the Family and Medical Leave Act of 1993, as amended, (\u201cFMLA\u201d or \u201cthe Act\u201d) it is the policy of Pellissippi State Community College to provide eligible employees up to 12 workweeks of leave during a 12-month period for family or medical leave, or for a qualifying exigency; or, up to 26 workweeks of leave for military caregiver leave during a 12-month period for reasons specified in this Policy, to provide continued health insurance coverage during the
leave period and to insure employee reinstatement to the same or an equivalent position following the leave period.<\/p>\n\n\n\n

Policy\/Guideline<\/p>\n\n\n\n

    \n
  1. Employee Eligibility\n
      \n
    1. In order to be considered “eligible,” an employee must: (1) have worked
      for the State for at least 12 months; and, (2) have worked at least 1,250
      hours during the year preceding the start of the leave.<\/li>\n\n\n\n
    2. The determination of whether an employee meets the eligibility criteria
      for receiving FMLA leave is based on the amount of service (including
      prior service) the employee has as of the date the leave actually begins.<\/li>\n\n\n\n
    3. This policy applies to both regular and temporary employees.<\/li>\n\n\n\n
    4. The right to take FMLA leave applies equally to male and female
      employees.<\/li>\n\n\n\n
    5. This policy contains no exceptions for “key employees” (e.g., a salaried
      FMLA eligible employee who is among the highest paid 10 percent of
      all the employees of the college).<\/li>\n\n\n\n
    6. The 12 months of required work with the State do not have to be
      consecutive in order for an employee to be eligible. However,
      employment prior to a break in service lasting 7 or more years will not
      be counted unless the break was due to fulfillment of a National Guard
      or Reserve military service obligation. The time served performing the
      military service must also be counted in determining whether the
      employee has been employed for at least 12 months by the employer.<\/li>\n\n\n\n
    7. If an employee is maintained on the payroll for any part of a week, that
      week is considered a week of employment, with 52 weeks of such
      employment considered equal to 12 months.<\/li>\n\n\n\n
    8. In determining “hours worked” for the purposes of FMLA eligibility, all
      hours actually worked by an employee (including overtime hours)
      should be calculated.\n
        \n
      1. Annual and sick leave hours which have been used during
        the 12-month period preceding the start of the leave are not
        counted as hours worked.<\/li>\n\n\n\n
      2. In situations where a full-time employee is considered
        “exempt” from the overtime provisions of the Fair Labor
        Standards Act (FLSA) and no record of overtime hours
        worked has been maintained, the employee is presumed to
        have met the 1,250 hour requirement if they have worked
        for the State for at least 12 months.<\/li>\n\n\n\n
      3. For purposes of this policy, full-time faculty satisfy the
        1,250-hour test.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
      4. The determination of eligibility must be made as of the date the leave
        commences or within 5 business days (absent extenuating
        circumstances) of when notification of an FMLA qualifying event has
        been received.\n
          \n
        1. If an employee gives notice that leave is required before
          meeting the eligibility criteria, they must either be:\n
            \n
          1. Provided with confirmation of when eligibility
            will be attained, based upon a projection; or<\/li>\n\n\n\n
          2. Advised when the criteria have been met.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
          3. In the latter case, the notice of leave will remain current
            and outstanding until the employee is advised that
            eligibility has been attained.<\/li>\n\n\n\n
          4. Eligibility that is confirmed at the time the notice is
            received may not be subsequently challenged.<\/li>\n\n\n\n
          5. If notice of leave has been given and confirmation of
            eligibility is not given prior to commencement of the leave,
            the employee is deemed eligible; FMLA leave may not be
            denied.<\/li>\n\n\n\n
          6. In addition, if notice of the need for leave has not been
            given more than 5 business days prior to commencement of
            the leave, a determination of eligibility must be confirmed
            within 5 business days following notice.<\/li>\n\n\n\n
          7. If such a determination is not provided, the employee will
            be considered eligible.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
          8. Leave requests for regular employees who do not satisfy the FMLA
            eligibility requirements shall be processed in accordance with the
            appropriate TBR and PSCC leave policies.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
          9. Leave Entitlement – FMLA Qualifying Events\n
              \n
            1. Family Leave\n
                \n
              1. The birth of a son\/daughter and to care for the newborn
                child.\n
                  \n
                1. In addition to leave taken after the birth of a
                  child, FMLA leave may be taken by an
                  expectant mother for the purpose of prenatal
                  visits, pregnancy-related symptoms, and in
                  situations where a serious health condition
                  prevents her from performing her job duties
                  prior to the child’s birth.<\/li>\n\n\n\n
                2. Husbands may also use FMLA to accompany
                  an expectant spouse to prenatal visits, to care
                  for an expectant spouse with a serious health
                  condition, or if needed to care for the spouse
                  following the birth of the child if the spouse
                  has a serious health condition.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                3. The adoptive or foster care placement of a son or daughter
                  with the employee.\n
                    \n
                  1. FMLA leave may be taken prior to an adoptive
                    or foster care placement if the leave is
                    necessary for the placement to proceed. This
                    would include granting leave for required
                    counseling sessions, court appearances, and
                    legal or medical consultations.<\/li>\n\n\n\n
                  2. Adoption: There is no requirement in the Act
                    that the source of an adoption be from a
                    licensed adoption agency in order for an
                    employee to be eligible for FMLA leave. (See
                    Section II, A.3., for age limitations for
                    son\/daughter.)<\/li>\n\n\n\n
                  3. Paid Parental Leave: Eligible employees will
                    receive six (6) weeks of paid parental leave in
                    accordance with TBR Policy 5.01.01.08 and
                    PSCC Policy 06:07:02, Parental Leave. FMLA
                    leave shall run concurrently with parental
                    leave, whether paid or unpaid.<\/li>\n\n\n\n
                  4. Foster Care: This is defined as “24-hour care
                    for children in substitution for, and away from,
                    their parents or guardian.” The Act requires
                    that this placement be made by or in agreement
                    with the State and that State action be involved
                    in the removal of the child from parental
                    custody. Foster care may include children of
                    relatives placed within the employee’s home by
                    the State.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                  5. To care for the employee’s spouse, son, daughter, or parent
                    with a serious health condition, as defined below:\n
                      \n
                    1. Spouse: For purposes of this policy is defined
                      by the U.S. Department of Labor – Family
                      Medical Leave Act. (Code of Federal
                      Regulations; 29 CFR 825.102 Definitions)<\/li>\n\n\n\n
                    2. Parent: Biological parent or an individual who
                      currently stands or stood in place of an absent
                      parent to an employee when the employee was
                      a child as defined in son\/daughter below. The
                      definition does not include parents-in-law.<\/li>\n\n\n\n
                    3. Son\/Daughter: Biological, adopted, foster
                      child, stepchild, legal ward, or child of a
                      person standing in place of an absent parent,
                      who is either under age 18, or age 18 or older
                      and incapable of self-care because of a mental
                      or physical disability. An individual
                      “incapable of self-care” means that the
                      individual requires active assistance or
                      supervision in performing 3 or more activities
                      of daily living. An individual with a “physical
                      or mental disability” means that the individual
                      has an impairment that substantially limits one
                      or more of the major life activities of an
                      individual. Regulations at 29 CFR Part 1630,
                      issued by the Equal Employment Opportunity
                      Commission under the Americans with
                      Disabilities Act Amendments Act of 2008
                      (ADAAA), 42 U.S.C. 12101 et seq., define
                      these terms.\n
                        \n
                      1. For purposes of confirmation of
                        family relationship, the president
                        (hereafter referred to as
                        “Employer”) may require the
                        employee giving notice of a need
                        for leave to provide reasonable
                        documentation or statement of
                        family relationship.<\/li>\n\n\n\n
                      2. This documentation may take the
                        form of a simple statement from
                        the employee, a birth certificate, a
                        court document, etc.<\/li>\n\n\n\n
                      3. After examination, the employee
                        is entitled to the return of the
                        official document.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                      4. Medical Leave. The employee has a serious health condition resulting
                        in an inability to perform job functions.\n
                          \n
                        1. An employee is unable to perform the functions of their
                          position if the Health Care Provider (\u201cHCP\u201d) finds that the
                          employee is:\n
                            \n
                          1. Unable to work at all; or<\/li>\n\n\n\n
                          2. Unable to perform any one of the position’s
                            essential functions within the meaning of the
                            ADAAA, 42 USC 12101, et. seq. and the
                            regulations at 29 CFR Sec. 1630.2 (n). For
                            FMLA purposes, the essential functions must
                            be determined with reference to the employee’s
                            position when the notice is given or the leave
                            commenced, whichever is earlier.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                          3. An employee absent from work to receive medical
                            treatment for a serious health condition is considered to be
                            unable to perform the essential functions of the position
                            during the absence for treatment. The Designator may
                            provide a copy of the essential functions of the employee’s
                            position for the HCP to review when requiring certification.<\/li>\n\n\n\n
                          4. Service member [or Military Family] Leave\n
                              \n
                            1. \u201cQualifying Exigency.\u201d Employees with a spouse, son,
                              daughter, or parent (\u201cthe Servicemember\u201d) on covered
                              active duty or a Federal call to covered active duty in the
                              regular Armed Forces, the National Guard or Reserves, or a
                              retired member of the regular Armed Forces or Reserves
                              may use leave to address exigencies listed below arising
                              out of the covered active duty or impending covered active
                              duty deployment of the Service member to a foreign
                              country:\n
                                \n
                              1. Short-notice deployment (up to 7 days of
                                leave);<\/li>\n\n\n\n
                              2. Attending certain military events;<\/li>\n\n\n\n
                              3. Child care or school activities;<\/li>\n\n\n\n
                              4. Addressing financial and legal arrangements;<\/li>\n\n\n\n
                              5. Periods of rest and recuperation with the
                                Service member (up to 5 days of leave)<\/li>\n\n\n\n
                              6. Attending counseling sessions related to active
                                duty;<\/li>\n\n\n\n
                              7. Attending post-deployment activities
                                (available for up to 90 days after the
                                termination of the covered Servicemember\u2019s
                                active duty status);<\/li>\n\n\n\n
                              8. Other activities arising out of the Service
                                member\u2019s active duty or call to active duty,
                                and agreed upon by the institution and
                                employee.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                              9. Military Caregiver Leave\n
                                  \n
                                1. An eligible employee who is the spouse, son,
                                  daughter, parent, or next of kin of a covered
                                  Service member shall be entitled to a total of
                                  26 work weeks of leave during a 12-month
                                  period to care for the covered Service
                                  member who has a serious injury or illness
                                  incurred in the line of duty while on covered
                                  active duty in the Regular Armed Forces,
                                  National Guard or Reserves provided that such
                                  injury or illness may render the Service
                                  member medically unfit to perform duties for
                                  which the Service member is undergoing
                                  medical treatment, recuperation, or therapy; or
                                  is in outpatient status; or is on the temporary
                                  disability retired list.\n
                                    \n
                                  1. A serious health condition also
                                    includes any injury or illness that
                                    existed before the beginning of the
                                    Servicemember\u2019s covered active
                                    duty that was aggravated by
                                    service in the line of duty on
                                    covered active duty.<\/li>\n\n\n\n
                                  2. A veteran of the regular Armed
                                    Forces, National Guard or
                                    Reserves will be considered a
                                    covered Service member for
                                    purposes of this leave entitlement
                                    if:\n
                                      \n
                                    1. They are undergoing
                                      medical treatment,
                                      recuperation or
                                      therapy for a serious
                                      injury or illness that
                                      was incurred by or
                                      aggravated while on
                                      covered active duty in
                                      the Armed Forces,
                                      whether or not the
                                      illness or injury
                                      manifested itself
                                      before or after the
                                      member became a
                                      veteran; and<\/li>\n\n\n\n
                                    2. They were a member
                                      of the Armed Forced,
                                      National Guard, or
                                      Reserves at any time
                                      during the five-year
                                      period before
                                      beginning the
                                      treatment,
                                      recuperation or
                                      therapy.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                    3. An employee may take up to 26 workweeks of
                                      leave on a per Service member, per
                                      injury\/illness basis during a 12-month period,
                                      beginning on the first day of leave. However,
                                      no more than 26 workweeks of leave may be
                                      taken within any single 12-month period.<\/li>\n\n\n\n
                                    4. \u201cNext of kin\u201d means the nearest blood relative
                                      other than the covered Servicemember\u2019s
                                      spouse, parent or child designated by the
                                      Service member in the following order of
                                      priority:\n
                                        \n
                                      1. A legal guardian or custodian; or<\/li>\n\n\n\n
                                      2. A sibling, grandparent, aunt\/uncle,
                                        or first cousin, unless the Service
                                        member has specifically
                                        designated in writing another
                                        blood relative as his\/her nearest
                                        blood relative.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                      3. FMLA definition of “a serious health condition” and \u201cperiod of incapacity\n
                                          \n
                                        1. “Serious health condition” means an illness, injury, impairment, or
                                          physical or mental condition involving any of the following:\n
                                            \n
                                          1. Inpatient care (i.e., an overnight stay) in a hospital, hospice,
                                            or residential medical-care facility, including any period of
                                            incapacity; or<\/li>\n\n\n\n
                                          2. Continuing treatment by a HCP which includes:\n
                                              \n
                                            1. A period of incapacity lasting more than 3
                                              consecutive, full calendar days, and any
                                              subsequent treatment or period of incapacity
                                              relating to the same condition that also
                                              includes:\n
                                                \n
                                              1. Treatment 2 or more times by or
                                                under the supervision of a HCP
                                                (i.e., in-person visits, the first
                                                within 7 days and both within 30
                                                days of the first day of incapacity);
                                                or<\/li>\n\n\n\n
                                              2. Treatment on at least one occasion
                                                by a HCP (i.e., an in-person visit
                                                within 7 days of the first day of
                                                incapacity) with a continuing
                                                regimen of treatment. (e.g.,
                                                prescription medication, physical
                                                therapy)<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                              3. Any period of incapacity related to pregnancy
                                                or for prenatal care. A visit to the HCP is not
                                                necessary for each absence; or<\/li>\n\n\n\n
                                              4. Any period of incapacity or treatment for a
                                                chronic serious health condition which
                                                continues over an extended period of time,
                                                requires periodic visits (at least twice a year) to
                                                a HCP, and may involve episodic rather than a
                                                continuing period of incapacity (e.g., asthma,
                                                diabetes, epilepsy, etc.). A visit to a HCP is not
                                                necessary for each absence; or<\/li>\n\n\n\n
                                              5. A period of incapacity that is permanent or
                                                long-term due to a condition for which
                                                treatment may not be effective (e.g.,
                                                Alzheimer\u2019s, severe stroke, or terminal stages
                                                of a disease). Only supervision by a HCP is
                                                required, rather than active treatment; or<\/li>\n\n\n\n
                                              6. Any absences to receive multiple treatments,
                                                including any period of recovery therefrom, for
                                                restorative surgery after an accident or other
                                                injury; or, for a condition that would likely
                                                result in a period of incapacity of more than 3
                                                days if not treated.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                              7. \u201cPeriod of incapacity\u201d means an inability to work, attend school or
                                                perform other regular daily activities due to the serious health condition,
                                                treatment or recovery.<\/li>\n\n\n\n
                                              8. Absences due to pregnancy or prenatal care, or chronic conditions as
                                                specified above, fall within FMLA even if no treatment from a HCP is
                                                received, and even if the absence does not last more than 3 consecutive,
                                                full calendar days.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                              9. Determination of the 12 Workweek\/26 Workweek Periods\n
                                                  \n
                                                1. Limitations on Length and Duration\n
                                                    \n
                                                  1. Eligible employees are entitled to up to a total of 12 workweeks of leave
                                                    for family or medical leave, and for a qualifying exigency under Service
                                                    member leave; and, up to 26 workweeks of leave to care for a Service
                                                    member with an injury or illness during a 12-month period.\n
                                                      \n
                                                    1. The initial 12-month period starts on the date the employee’s
                                                      FMLA leave first begins.<\/li>\n\n\n\n
                                                    2. A new 12- month period would begin the first time FMLA leave is
                                                      taken after completion of any previous 12-month period.\n
                                                        \n
                                                      1. For example, an employee who first uses FMLA leave on
                                                        October 7, 2008, would have their 12-month period begin
                                                        on that date and continue through October 6, 2009.<\/li>\n\n\n\n
                                                      2. If this employee subsequently needed to use FMLA leave
                                                        starting on December 2, 2009, a new 12-month period
                                                        would be established from that date forward through
                                                        December 1, 2010.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                      3. A holiday that occurs within the week taken as FMLA leave has no effect;
                                                        the week is counted as a week of FMLA leave.\n
                                                          \n
                                                        1. Exception: If the College is temporarily closed for work for 1 or
                                                          more weeks (e.g., closing for the Christmas\/New Year holiday,
                                                          summer breaks), those days do not count as FMLA leave.<\/li>\n\n\n\n
                                                        2. If the employee takes intermittent leave, the holiday is not counted
                                                          unless the employee would have been scheduled to work the
                                                          holiday.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                        3. Overtime hours. If the employee is normally scheduled to work overtime
                                                          but is unable to do so because of a serious health condition, the overtime
                                                          missed may be counted as FMLA leave.\n
                                                            \n
                                                          1. For example, if an employee would normally be required to work
                                                            48 hours in a particular week, but due to a serious health condition
                                                            the employee is unable to work more than 40 hours that week, the
                                                            employee would utilize 8 hours of FMLA protected leave.<\/li>\n\n\n\n
                                                          2. Voluntary overtime hours that an employee does not work due to a
                                                            serious health condition may not be counted against the
                                                            employee\u2019s FMLA leave entitlement.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                          3. Part-time employees receive FMLA leave on a pro rata or proportional
                                                            basis.<\/li>\n\n\n\n
                                                          4. If an employee\u2019s schedule varies from week to week, a weekly average of
                                                            the hours worked over the 12 workweeks prior to the beginning of the
                                                            leave period would be used for calculating the employee\u2019s normal
                                                            workweek.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                          5. Leave entitlement for the birth of a child or for adoption or foster care placement
                                                            of a child expires at the end of the 12-month period beginning on the date of the
                                                            birth or placement. FMLA leave for these reasons must be concluded within this
                                                            time period.<\/li>\n\n\n\n
                                                          6. Leave to care for an injured or ill Service member is to be applied on a per
                                                            covered Service member, per-injury basis such that an eligible employee may be
                                                            entitled to take more than one period of 26 workweeks of leave if the leave is to
                                                            care for different covered Servicemember\u2019s or to care for the same Service
                                                            member with a subsequent serious injury or illness. However, no more than 26
                                                            workweeks of leave may be taken within any single 12-month period.<\/li>\n\n\n\n
                                                          7. FMLA leave limitations when both spouses are State employees.\n
                                                              \n
                                                            1. Spouses who are both employees of the State are limited to a combined
                                                              total of 12 workweeks of FMLA leave during a 12-month period if the
                                                              leave is taken for the following reasons:\n
                                                                \n
                                                              1. Birth of a child or for care of the child after birth; or<\/li>\n\n\n\n
                                                              2. Adoptive or foster care placement of a son or a daughter or for care
                                                                of the child after placement; or<\/li>\n\n\n\n
                                                              3. To care for a parent with a serious health condition.<\/li>\n\n\n\n
                                                              4. However, each employee would be entitled to take 12 workweeks
                                                                of FMLA leave to care for a child, including a newborn, with a
                                                                serious health condition.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                              5. In situations where both spouses use a portion of FMLA leave for one of
                                                                the reasons listed in the previous paragraph, each spouse is entitled to the
                                                                difference between the amount each has taken individually and 12
                                                                workweeks of FMLA leave for reasons other than those listed.\n
                                                                  \n
                                                                1. For example, if both spouses use 6 workweeks of leave for the
                                                                  birth of a child, each could take an additional 6 workweeks of
                                                                  leave for personal illness, or to care for a family member with a
                                                                  serious health condition.<\/li>\n\n\n\n
                                                                2. In situations where FMLA leave is not taken due to birth, adoption,
                                                                  or foster care, or to care for a parent during a given year, each
                                                                  spouse is entitled to full 12 workweeks of leave.<\/li>\n\n\n\n
                                                                3. Additionally, each employee would be entitled to take 12
                                                                  workweeks of FMLA leave to care for a newborn child or child if
                                                                  that child has a serious health condition.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                4. If one spouse is ineligible for FMLA leave, the spouse who meets the
                                                                  eligibility requirement is entitled to 12 workweeks of FMLA leave.<\/li>\n\n\n\n
                                                                5. Service member Leave. The aggregate number of workweeks of leave to
                                                                  which both spouses may be entitled is limited to 26 workweeks during a
                                                                  12-month period.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                6. Use of an intermittent or reduced leave schedule.\n
                                                                    \n
                                                                  1. “Intermittent Leave” is leave taken in separate blocks of time due to a
                                                                    single qualifying reason and may include leave periods from an hour to
                                                                    several weeks. A “reduced leave schedule” reduces an employee’s usual
                                                                    number of working hours per work-day or work-week.<\/li>\n\n\n\n
                                                                  2. An employee may take intermittent FMLA leave or have a reduced leave
                                                                    schedule over a 12-month time period when medically necessary for:\n
                                                                      \n
                                                                    1. \n
                                                                        \n
                                                                      1. Planned and\/or unanticipated medical treatment of a serious health
                                                                        condition by or under the supervision of a HCP;<\/li>\n\n\n\n
                                                                      2. Recovery from the condition;<\/li>\n\n\n\n
                                                                      3. Recovery from treatment of the condition; or<\/li>\n\n\n\n
                                                                      4. To provide care to an immediate family member with a serious
                                                                        health condition.\n
                                                                          \n
                                                                        1. Employees may not use intermittent FMLA leave following
                                                                          the birth of a child, or adoptive or foster care placement for
                                                                          any reason other than medical necessity.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                        2. Intermittent leave or a reduced schedule may also be used for absences
                                                                          where the employee or family member is incapacitated or unable to
                                                                          perform the position’s essential functions due to a chronic serious health
                                                                          condition even if treatment is not rendered by a HCP.<\/li>\n\n\n\n
                                                                        3. If an employee requests intermittent leave or leave resulting in a reduced
                                                                          work schedule, the employer may require that the employee transfer
                                                                          temporarily to another position for which the employee is qualified and
                                                                          which better accommodates the employee’s need for recurring leave
                                                                          periods.\n
                                                                            \n
                                                                          1. Transfer to an alternative position may include altering an existing
                                                                            job to better accommodate the employee’s need for intermittent or
                                                                            reduced leave.<\/li>\n\n\n\n
                                                                          2. This temporary position must have equivalent pay and benefits, but
                                                                            need not have equivalent duties.<\/li>\n\n\n\n
                                                                          3. For information regarding benefits (e.g., insurance and longevity)
                                                                            not ordinarily provided to part-time employees that may not be
                                                                            eliminated, see Section XVIII.<\/li>\n\n\n\n
                                                                          4. An employee may not be transferred to an alternative position in
                                                                            an effort to discourage use of FMLA leave or otherwise work a
                                                                            hardship on the employee (e.g., a day-shift employee may not be
                                                                            reassigned to a later shift).<\/li>\n\n\n\n
                                                                          5. When an employee who transferred to an alternative position is
                                                                            able to return to full-time work, they shall be placed in the same or
                                                                            equivalent position as the job held when the leave commenced.<\/li>\n\n\n\n
                                                                          6. An employee cannot be required to take more FMLA leave than
                                                                            the circumstance for the leave requires.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                          7. The employer must account for intermittent or reduced leave using an
                                                                            increment no greater than the shortest period of time that the employer
                                                                            uses to account for use of other forms of leave provided that it is not
                                                                            greater than one hour and provided further that an employee\u2019s FMLA
                                                                            leave entitlement may not be reduced by more than the amount of leave
                                                                            actually taken.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                          8. Employee Notice Requirements\n
                                                                              \n
                                                                            1. General.
                                                                              1. An employee giving notice of the need for FMLA leave does not need to
                                                                                expressly assert rights under the Act or even mention the FMLA to meet
                                                                                the obligation to provide notice though the employee would need to state a
                                                                                qualifying reason for the needed leave and otherwise satisfy the notice
                                                                                requirements.<\/li>
                                                                              2. However, if the employee fails to explain the reasons for the leave, the
                                                                                request may be denied.<\/li>
                                                                              3. An employee who is absent from work or will be absent from work for
                                                                                more than three consecutive days due to a qualifying event must contact
                                                                                the manager of Benefits in Human Resources. The manager will provide
                                                                                the employee with appropriate forms, along with a copy of their essential
                                                                                job functions, if applicable. For further information, contact the manager
                                                                                of Benefits, Human Resources, Goins Building, Room 262.<\/li><\/ol>A. Foreseeable leave\n
                                                                                  \n
                                                                                1. Timing of notice\n
                                                                                    \n
                                                                                  1. The employee must provide at least 30 days advance notice before
                                                                                    the leave is to begin, or if 30 days is not practicable, as soon
                                                                                    thereafter as possible. The employer may require the employee to
                                                                                    explain the reasons why notice was not given at least 30 days prior
                                                                                    to the leave.<\/li>\n\n\n\n
                                                                                  2. Notice need be given only once but the employee shall advise the
                                                                                    employer as soon as practicable if dates of scheduled leave change
                                                                                    or are extended, or were initially unknown.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                  3. Content of notice\n
                                                                                      \n
                                                                                    1. An employee shall provide at least verbal notice sufficient to make
                                                                                      the employer aware that the employee needs FMLA qualifying
                                                                                      leave, and the anticipated timing and duration of the leave.<\/li>\n\n\n\n
                                                                                    2. The employer may request medical certification to support the
                                                                                      need for the leave to determine if the condition qualifies as a
                                                                                      serious health condition. The employer may request certification
                                                                                      to support the need for leave for a qualifying exigency or for
                                                                                      military caregiver leave.<\/li>\n\n\n\n
                                                                                    3. An employee has an obligation to respond to an employer\u2019s
                                                                                      questions designed to determine whether an absence is potentially
                                                                                      FMLA qualifying. Failure to respond to reasonable employer
                                                                                      inquiries may result in denial of FMLA protection if the employer
                                                                                      is unable to determine whether the leave is FMLA qualifying.<\/li>\n\n\n\n
                                                                                    4. An employer may require an employee to comply with the
                                                                                      employer\u2019s usual and customary notice and procedural
                                                                                      requirements for requesting leave, absent unusual circumstances.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                    5. Scheduling leave\n
                                                                                        \n
                                                                                      1. The employee must consult with the employer and make a
                                                                                        reasonable effort to schedule planned medical treatments so as not
                                                                                        to unduly disrupt the employer\u2019s operations subject to the approval
                                                                                        of the HCP.<\/li>\n\n\n\n
                                                                                      2. Intermittent leave or leave on a reduced schedule must be
                                                                                        medically necessary due to a serious health condition, injury or
                                                                                        illness. The employee and employer shall attempt to work out a
                                                                                        schedule for such leave that meets the employee\u2019s needs without
                                                                                        unduly disrupting the employer\u2019s operation, subject to the approval
                                                                                        of the health care provider.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                      3. Unforeseeable Leave\n
                                                                                          \n
                                                                                        1. Timing of notice\n
                                                                                            \n
                                                                                          1. An employee must provide notice as soon as practicable under the
                                                                                            facts and circumstances of the case.<\/li>\n\n\n\n
                                                                                          2. Notice may be given by the employee\u2019s spokesperson if the
                                                                                            employee is unable to do so personally.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                          3. Content of notice\n
                                                                                              \n
                                                                                            1. An employee shall provide sufficient information for an employer
                                                                                              to reasonably determine whether the FMLA may apply to the leave
                                                                                              request, and the anticipated duration of the absence.<\/li>\n\n\n\n
                                                                                            2. Calling in sick without providing more information will not be
                                                                                              considered sufficient notice to trigger an employer\u2019s obligations
                                                                                              under the FMLA. The employer may obtain any additional
                                                                                              required information by contacting the employee or the employee\u2019s
                                                                                              spokesperson through informal means.<\/li>\n\n\n\n
                                                                                            3. The employee has an obligation to respond to an employer\u2019s
                                                                                              questions designed to determine whether an absence is potentially
                                                                                              FMLA qualifying. Failure to respond to reasonable employer
                                                                                              inquires may result in denial of FMLA protection if the employer
                                                                                              is unable to determine whether the leave is FMLA qualifying.<\/li>\n\n\n\n
                                                                                            4. An employer may require an employee to comply with the
                                                                                              employer\u2019s usual and customary notice and procedural
                                                                                              requirements for requesting leave, absent unusual circumstances.<\/li>\n\n\n\n
                                                                                            5. If an employee requires emergency medical treatment, they would
                                                                                              not be required to follow the call-in procedure until their condition
                                                                                              is stabilized and they have access to, and is able to use, a phone.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                            6. Employer Notice Requirements\n
                                                                                                \n
                                                                                              1. Posting general notice.\n
                                                                                                  \n
                                                                                                1. All employers are required to post, in conspicuous places, notices
                                                                                                  explaining the provisions of the FMLA.<\/li>\n\n\n\n
                                                                                                2. Electronic posting is sufficient. See the Department of Labor (DOL) Web
                                                                                                  site for a prototype notice.<\/li>\n\n\n\n
                                                                                                3. The DOL notice form may be used, or another format may be used so long
                                                                                                  as the information provided includes, at a minimum, all the information
                                                                                                  contained in the DOL notice.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                4. If the employer has an employee handbook or other document explaining
                                                                                                  employee benefits or leave rights, information concerning FMLA entitlement, and
                                                                                                  employer\/employee responsibilities and obligations must be included.<\/li>\n\n\n\n
                                                                                                5. Eligibility notice\n
                                                                                                    \n
                                                                                                  1. When an employee requests FMLA leave or when the employer acquires
                                                                                                    knowledge that an employee\u2019s leave may be for an FMLA qualifying
                                                                                                    reason, the employer must notify the employee of eligibility to take FMLA
                                                                                                    leave within 5 business days, absent extenuating circumstances.<\/li>\n\n\n\n
                                                                                                  2. If the employee is not eligible, the notice must state at least one reason
                                                                                                    why.<\/li>\n\n\n\n
                                                                                                  3. Notification of eligibility may be oral or in writing and employers may use
                                                                                                    DOL forms to provide notice.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                  4. Rights and responsibilities notice.\n
                                                                                                      \n
                                                                                                    1. Employers must provide written notice detailing the specific expectations
                                                                                                      and obligations of the employee and explain any consequences of a failure
                                                                                                      to meet these obligations.<\/li>\n\n\n\n
                                                                                                    2. This notice must be provided each time an eligibility notice is provided.<\/li>\n\n\n\n
                                                                                                    3. The notice must, at minimum, include, as appropriate:\n
                                                                                                        \n
                                                                                                      1. That the leave may be designated and counted against the
                                                                                                        employee\u2019s annual FMLA leave entitlement;<\/li>\n\n\n\n
                                                                                                      2. Any requirements for the employee to furnish certification of a
                                                                                                        serious health condition, serious injury or illness, or qualifying
                                                                                                        exigency arising out of active duty or call to active duty status, and
                                                                                                        the consequences of failing to do so;<\/li>\n\n\n\n
                                                                                                      3. That the employer will substitute paid leave and the employee\u2019s
                                                                                                        entitlement to take unpaid FMLA leave if they do not have
                                                                                                        sufficient accrued paid leave;<\/li>\n\n\n\n
                                                                                                      4. Any requirement for the employee to make any premium payments
                                                                                                        to maintain health benefits and the arrangements for making such
                                                                                                        payments, and the possible consequences of failure to make such
                                                                                                        payments on a timely basis;<\/li>\n\n\n\n
                                                                                                      5. The employee\u2019s rights to maintenance of benefits during the
                                                                                                        FMLA leave and restoration to the same or an equivalent job upon
                                                                                                        return from FMLA leave; and,<\/li>\n\n\n\n
                                                                                                      6. The employee\u2019s potential liability for payment of health insurance
                                                                                                        premiums paid by the employer during the employee\u2019s unpaid
                                                                                                        FMLA leave if the employee fails to return to work after taking
                                                                                                        FMLA leave.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                      7. The employer may use the appropriate DOL form as the notice of rights
                                                                                                        and responsibilities. This notice may be distributed electronically so long
                                                                                                        as it otherwise meets the requirements of this section.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                      8. Designation Notice\n
                                                                                                          \n
                                                                                                        1. When the employer has enough information to determine whether the
                                                                                                          leave is being taken for an FMLA qualifying reason, the employer must
                                                                                                          notify the employee whether the leave will be designated and counted as
                                                                                                          FMLA leave within 5 business days absent extenuating circumstances.\n
                                                                                                            \n
                                                                                                          1. At the time of designating the leave as FMLA leave; the employer
                                                                                                            must indicate that paid leave will be utilized when the employee
                                                                                                            has accumulated leave balances.<\/li>\n\n\n\n
                                                                                                          2. An employee with no accumulated sick or annual leave balances
                                                                                                            must take leave as unpaid, unless otherwise stipulated in other
                                                                                                            TBR or PSCC leave policies.<\/li>\n\n\n\n
                                                                                                          3. TBR and PSCC leave policies and the FMLA leave policies shall
                                                                                                            run concurrently and not consecutively.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                          4. Only one notice of designation is required for each FMLA qualifying
                                                                                                            reason per applicable 12-month period, regardless of whether the leave
                                                                                                            taken due to the qualifying reason will be a continuous block of leave, or
                                                                                                            intermittent or reduced schedule leave.<\/li>\n\n\n\n
                                                                                                          5. If the employer determines that the leave will not be designated as
                                                                                                            FMA qualifying, the employee must be so notified.<\/li>\n\n\n\n
                                                                                                          6. If the employer will require the employee to present a fitness-for-duty
                                                                                                            certification to be restored to employment, the employer must provide
                                                                                                            notice of such requirement with the designation notice.\n
                                                                                                              \n
                                                                                                            1. If the fitness-for-duty certification must address the employee\u2019s
                                                                                                              ability to perform the essential functions of their position, the
                                                                                                              employer must so indicate in the designation notice, and must
                                                                                                              include a list of the essential functions of the position.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                            2. The designation notice must be in writing and the appropriate DOL form
                                                                                                              may be used for this purpose. If the leave cannot be designated as FMLA
                                                                                                              leave, the notice may be in the form of a simple written statement.<\/li>\n\n\n\n
                                                                                                            3. The employer must notify the employee of the amount of leave counted
                                                                                                              against their FMLA leave entitlement.\n
                                                                                                                \n
                                                                                                              1. If the amount of leave needed is known at the time the leave is
                                                                                                                designated as FMLA leave, the employer must notify the employee
                                                                                                                of the number of hours, days or weeks that will be counted against
                                                                                                                the employee\u2019s FMLA leave entitlement in the designation notice.<\/li>\n\n\n\n
                                                                                                              2. If it is not possible to provide this information, such as in the case
                                                                                                                of unforeseeable intermittent leave, the employer must provide
                                                                                                                notice of the amount of leave counted against the employee\u2019s
                                                                                                                FMLA leave entitlement at the request of the employee, but no
                                                                                                                more often than once in a 30-day period and only if FMLA leave
                                                                                                                was taken in that period.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                              3. Designation of FMLA Leave\n
                                                                                                                  \n
                                                                                                                1. Employer responsibilities.\n
                                                                                                                    \n
                                                                                                                  1. The decision to designate leave as FMLA qualifying must be based only
                                                                                                                    on information received from the employee or the employee\u2019s
                                                                                                                    spokesperson.<\/li>\n\n\n\n
                                                                                                                  2. If the employer does not have sufficient information about the reason for
                                                                                                                    the use of leave, the employer should inquire further of the employee or
                                                                                                                    spokesman.<\/li>\n\n\n\n
                                                                                                                  3. The employer must then provide the appropriate notice pursuant to the
                                                                                                                    prior section.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                                  4. Employee responsibilities\n
                                                                                                                      \n
                                                                                                                    1. An employee giving notice of the need for FMLA leave does not need to
                                                                                                                      expressly assert rights under the FMLA or even mention the FMLA to
                                                                                                                      meet the obligation to provide notice, though they would need to state a
                                                                                                                      qualifying reason for the needed leave and otherwise satisfy the notice
                                                                                                                      requirements of Section V.<\/li>\n\n\n\n
                                                                                                                    2. If an employee fails to adequately explain the need for FMLA leave, the
                                                                                                                      request may be denied.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                                    3. Retroactive designation.\n
                                                                                                                        \n
                                                                                                                      1. The employer may retroactively designate leave as FMLA leave with
                                                                                                                        appropriate notice to the employee provided the employer\u2019s failure to
                                                                                                                        timely designate leave does not cause harm or injury to the employee.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                                      2. Certification\n
                                                                                                                          \n
                                                                                                                        1. General\n
                                                                                                                            \n
                                                                                                                          1. A request for certification must be made in writing.<\/li>\n\n\n\n
                                                                                                                          2. The employer should make a request for certification at the time the
                                                                                                                            employee gives notice of the need for leave or within 5 business days
                                                                                                                            thereafter; or, in the case of unforeseen leave, within 5 business days after
                                                                                                                            the leave begins.<\/li>\n\n\n\n
                                                                                                                          3. The employee must provide the requested certification within 15 calendar
                                                                                                                            days after the request unless it is not practicable under the particular
                                                                                                                            circumstances to do so despite the employee\u2019s diligent, good faith efforts.
                                                                                                                            The employee is responsible for paying any costs associated with
                                                                                                                            obtaining a certification or recertification, and any necessary clarification
                                                                                                                            or authentication.<\/li>\n\n\n\n
                                                                                                                          4. If the employee does not provide a complete and sufficient certificate, the
                                                                                                                            employer must state in writing what additional information is necessary to
                                                                                                                            make the certification complete and sufficient. If items on the certification
                                                                                                                            are not filled in, or the information provided is vague, ambiguous or non
                                                                                                                            responsive, the certification may be considered incomplete. The employee
                                                                                                                            must be allowed 7 calendar days to cure any deficiencies.<\/li>\n\n\n\n
                                                                                                                          5. No information beyond that specified below in Section IX may be
                                                                                                                            required to be provided.<\/li>\n\n\n\n
                                                                                                                          6. The employee may provide the employer with an authorization, release or
                                                                                                                            waiver allowing the employer to communicate directly with the HCP, but
                                                                                                                            the employee must not be required to do so.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                                          7. Consequences\n
                                                                                                                              \n
                                                                                                                            1. At the time the employer requests certification, the employee must be
                                                                                                                              advised that the FMLA leave request may be denied if the certification is
                                                                                                                              incomplete or insufficient despite the opportunity to cure the deficiencies,
                                                                                                                              or if the employee fails to provide any certification.<\/li>\n\n\n\n
                                                                                                                            2. It is the employee\u2019s responsibility to furnish a complete and sufficient
                                                                                                                              certification, or to furnish the HCP the necessary authorization to
                                                                                                                              complete the certification.<\/li>\n\n\n\n
                                                                                                                            3. These principles apply whether the request is the initial certification, a
                                                                                                                              recertification, a second or third opinion, or a fitness for duty certificate,
                                                                                                                              including any clarifications necessary to determine if such certifications
                                                                                                                              are authentic and sufficient.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                                            4. Certification of Serious Health Condition of Employee or a Covered Family Member\n
                                                                                                                                \n
                                                                                                                              1. Permissible information\n
                                                                                                                                  \n
                                                                                                                                1. The name, address, telephone number and fax number of the HCP, and
                                                                                                                                  type of medical practice\/specialization;<\/li>\n\n\n\n
                                                                                                                                2. The approximate date on which the serious health condition began, and its
                                                                                                                                  probable duration;<\/li>\n\n\n\n
                                                                                                                                3. A statement or description of appropriate medical facts regarding the
                                                                                                                                  patient\u2019s health condition for which FMLA leave is requested.
                                                                                                                                  a. These facts must be sufficient to support the need for leave and
                                                                                                                                  may include information on symptoms, diagnosis, hospitalization,
                                                                                                                                  doctor visits, whether medication has been prescribed, any referrals
                                                                                                                                  for evaluation or treatment, or any other regimen of continuing
                                                                                                                                  treatment.<\/li>\n\n\n\n
                                                                                                                                4. If the employee is the patient, information sufficient to establish that they
                                                                                                                                  cannot perform the essential functions of their job, the nature of any other
                                                                                                                                  work restrictions; and, the likely duration of such inability.<\/li>\n\n\n\n
                                                                                                                                5. If the patient is a covered family member, information sufficient to
                                                                                                                                  establish that the family member is in need of care, and an estimate of the
                                                                                                                                  frequency and duration of the leave required to care for the family
                                                                                                                                  member.<\/li>\n\n\n\n
                                                                                                                                6. If the employee requests leave on an intermittent or reduced schedule
                                                                                                                                  basis for planned medical treatment for themselves, or a family member,
                                                                                                                                  information sufficient to establish the medical necessity and an estimate of
                                                                                                                                  the dates and duration of such treatments and any periods of recovery.<\/li>\n\n\n\n
                                                                                                                                7. If the employee requests leave on an intermittent or reduced schedule
                                                                                                                                  basis for a serious health condition, including pregnancy, that may result
                                                                                                                                  in unforeseeable episodes of incapacity, information sufficient to establish
                                                                                                                                  the medical necessity for such leave and an estimate of the frequency and
                                                                                                                                  duration of the episodes of incapacity.<\/li>\n\n\n\n
                                                                                                                                8. If the employee requests leave on an intermittent or reduced schedule
                                                                                                                                  basis to care for a covered family member, a statement that such leave is
                                                                                                                                  medically necessary to care for the family member who can include
                                                                                                                                  assisting in recovery, and an estimate of the frequency and duration of the
                                                                                                                                  required leave.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                                                9. The appropriate DOL form may be used to obtain information concerning the
                                                                                                                                  employee\u2019s serious health condition or the serious health condition of a covered
                                                                                                                                  family member. These forms may also be used if seeking second and third
                                                                                                                                  opinions.<\/li>\n\n\n\n
                                                                                                                                10. Workers\u2019 compensation – If the employee is concurrently on FMLA leave and
                                                                                                                                  workers\u2019 compensation leave, the FMLA does not prevent the employer from
                                                                                                                                  following the workers\u2019 compensation provisions in seeking information even if
                                                                                                                                  such would allow inquires beyond that allowed under the FMLA. Information
                                                                                                                                  received may be considered in determining the employee\u2019s entitlement to
                                                                                                                                  FMLA protected leave.<\/li>\n\n\n\n
                                                                                                                                11. ADAAA – If the employee\u2019s serious health condition may also be a disability
                                                                                                                                  pursuant to the ADAAA, the FMLA does not prevent the employer from
                                                                                                                                  following the procedures for requesting medical information under the
                                                                                                                                  ADAAA. Any information received may be considered in determining the
                                                                                                                                  employee\u2019s entitlement to FMLA protected leave.<\/li>\n\n\n\n
                                                                                                                                12. Clarification and authentication of certification.\n
                                                                                                                                    \n
                                                                                                                                  1. If the employee submits an incomplete or insufficient certification signed
                                                                                                                                    by the HCP, the employer may contact the HCP for purposes of
                                                                                                                                    clarification and authentication.\n
                                                                                                                                      \n
                                                                                                                                    1. The employee must first have been given 7 calendar days to cure
                                                                                                                                      the deficiency.<\/li>\n\n\n\n
                                                                                                                                    2. Employers may not ask for additional information beyond that
                                                                                                                                      required by the certification form as set out in Section IX.A.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                                                    3. The employee must provide an authorization for the employer to contact
                                                                                                                                      the HCP.<\/li>\n\n\n\n
                                                                                                                                    4. A HCP, human resources professional, leave administrator or a
                                                                                                                                      management official may contact the HCP for clarification or
                                                                                                                                      authentication. Under no circumstances shall the employee\u2019s direct
                                                                                                                                      supervisor contact the HCP.<\/li>\n\n\n\n
                                                                                                                                    5. \u201cAuthentication\u201d means providing the HCP with a copy of the certification
                                                                                                                                      and requesting verification that the information contained on the
                                                                                                                                      certification form was completed and\/or authorized by the HCP who
                                                                                                                                      signed the document.<\/li>\n\n\n\n
                                                                                                                                    6. \u201cClarification\u201d means contacting the HCP to understand the handwriting
                                                                                                                                      on the medical certification or to understand the meaning of a response.<\/li>\n\n\n\n
                                                                                                                                    7. It is the employee\u2019s responsibility to provide a complete and sufficient
                                                                                                                                      certification and to clarify the certification if necessary. Failure to do so or
                                                                                                                                      failure to provide authorization to contact the HCP may result in the denial
                                                                                                                                      of FMLA leave.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                                                    8. Second and Third Opinions\n
                                                                                                                                        \n
                                                                                                                                      1. Second opinion\n
                                                                                                                                          \n
                                                                                                                                        1. If the employer doubts the validity of a certification, the employee
                                                                                                                                          may be required to obtain a second opinion which shall be at the
                                                                                                                                          employer\u2019s expense.<\/li>\n\n\n\n
                                                                                                                                        2. The employer is permitted to designate the HCP but the HCP must
                                                                                                                                          not be employed on a regular basis by the employer.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                                                        3. Third opinion\n
                                                                                                                                            \n
                                                                                                                                          1. If the first and second opinions differ, the employer may require
                                                                                                                                            the employee to obtain certification from a third HCP at the
                                                                                                                                            employer\u2019s expense.<\/li>\n\n\n\n
                                                                                                                                          2. The third HCP must be designated or approved jointly by the
                                                                                                                                            employer and the employee.<\/li>\n\n\n\n
                                                                                                                                          3. The third opinion shall be final and binding.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                                                          4. Pending receipt of a second or third opinion, the employee is provisionally
                                                                                                                                            entitled to the benefits of the FMLA, including maintenance of group
                                                                                                                                            health benefits.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                                                          5. FMLA leave may be denied and the leave designated as paid or unpaid under the
                                                                                                                                            employer\u2019s established leave policies if:\n
                                                                                                                                              \n
                                                                                                                                            1. The certifications do not ultimately establish entitlement to FMLA leave;
                                                                                                                                              or,<\/li>\n\n\n\n
                                                                                                                                            2. The employee fails to provide authorization for their HCP to release all
                                                                                                                                              relevant medical information pertaining to the serious health condition at
                                                                                                                                              issue if requested by the HCP designated to provide the second or third
                                                                                                                                              opinion.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                                                            3. Recertification\n
                                                                                                                                                \n
                                                                                                                                              1. 30-day rule – An employer may request recertification no more often than
                                                                                                                                                every 30 days and only in connection with an absence by the employee,
                                                                                                                                                unless sections 2 or 3 apply.<\/li>\n\n\n\n
                                                                                                                                              2. More than 30 days\n
                                                                                                                                                  \n
                                                                                                                                                1. If the medical certification indicates the minimum duration of the
                                                                                                                                                  condition is more than 30 days, an employer must wait until that
                                                                                                                                                  minimum duration period expires before requesting a
                                                                                                                                                  recertification.<\/li>\n\n\n\n
                                                                                                                                                2. Notwithstanding the limitation set forth above, an employer may
                                                                                                                                                  request a recertification every 6 months in connection with an
                                                                                                                                                  absence by the employee.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                                                                3. Less than 30 days – An employer may request certification in less than 30
                                                                                                                                                  days if:\n
                                                                                                                                                    \n
                                                                                                                                                  1. The employee requests an extension of leave;<\/li>\n\n\n\n
                                                                                                                                                  2. Circumstances described by the previous certification have
                                                                                                                                                    changed significantly (e.g., the duration or frequency of the
                                                                                                                                                    absence, the nature or severity of the illness, or complications); or,<\/li>\n\n\n\n
                                                                                                                                                  3. The employer receives information that casts doubt on the stated
                                                                                                                                                    reason for the absence or the continuing validity of the
                                                                                                                                                    certification.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                                                                  4. The employee must provide the recertification within the timeframe
                                                                                                                                                    requested by the employer which must allow no less than 15 calendar
                                                                                                                                                    days.<\/li>\n\n\n\n
                                                                                                                                                  5. The employer may ask for the same information as that permitted for the
                                                                                                                                                    original certification, and the employee has the same obligation to
                                                                                                                                                    participate and cooperate in providing a complete and sufficient
                                                                                                                                                    certification.<\/li>\n\n\n\n
                                                                                                                                                  6. The employer may provide the HCP with a record of the employee\u2019s
                                                                                                                                                    absence pattern and ask if the serious health condition and need for leave
                                                                                                                                                    is consistent with such a pattern.<\/li>\n\n\n\n
                                                                                                                                                  7. Any recertification requested by the employer may be at the employee\u2019s
                                                                                                                                                    expense.<\/li>\n\n\n\n
                                                                                                                                                  8. No second or third opinion on recertification may be required.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                                                                  9. Certification of Qualifying Exigency\n
                                                                                                                                                      \n
                                                                                                                                                    1. Active duty orders\n
                                                                                                                                                        \n
                                                                                                                                                      1. The first time an employee requests leave based on a qualifying exigency
                                                                                                                                                        arising out of the active duty or call to active duty status of a covered
                                                                                                                                                        military member, the employer may require the employee to provide a
                                                                                                                                                        copy of the covered military member’s active duty orders or other
                                                                                                                                                        documentation issued by the military that indicates that the covered
                                                                                                                                                        military member is on active duty or call to active duty status in support of
                                                                                                                                                        a contingency operation, and the dates of the active duty service. This
                                                                                                                                                        information need only be provided once.<\/li>\n\n\n\n
                                                                                                                                                      2. A copy of new active duty orders or other documentation issued by the
                                                                                                                                                        military shall be provided to the employer if the need for leave because of
                                                                                                                                                        a qualifying exigency arises out of a different active duty or call to active
                                                                                                                                                        duty status of the same or a different covered military member.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                                                                      3. Required information – The employer may require a certification from
                                                                                                                                                        the employee that sets forth the following information:\n
                                                                                                                                                          \n
                                                                                                                                                        1. A statement or description, signed by the employee, of appropriate facts
                                                                                                                                                          regarding the qualifying exigency, including the type of qualifying
                                                                                                                                                          exigency and any documentation which supports the request for leave.<\/li>\n\n\n\n
                                                                                                                                                        2. The approximate date(s) of the qualifying exigency.\n
                                                                                                                                                            \n
                                                                                                                                                          1. If the event is a single, continuous period of time, the beginning
                                                                                                                                                            and end dates.<\/li>\n\n\n\n
                                                                                                                                                          2. If the leave request is for an intermittent or reduced schedule, an
                                                                                                                                                            estimate of the frequency and duration of the qualifying exigency.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                                                                          3. If the event involves meeting with a third party, appropriate contact
                                                                                                                                                            information for the third party, and a brief description of the purpose of
                                                                                                                                                            the meeting.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                                                                                                                                                          4. The appropriate DOL form may be used. No information beyond that specified
                                                                                                                                                            may be required.<\/li>\n\n\n\n
                                                                                                                                                          5. Verification\n
                                                                                                                                                              \n
                                                                                                                                                            1. If the certification is complete and sufficient to support the request for
                                                                                                                                                              leave, no additional information may be requested.<\/li>\n\n\n\n
                                                                                                                                                            2. However, if the qualifying exigency concerns meeting with a third party,
                                                                                                                                                              the employer may contact the third party to verify the nature and time of
                                                                                                                                                              the meeting.<\/li>\n\n\n\n
                                                                                                                                                            3. The employer may contact the Department of Defense to request
                                                                                                                                                              verification that a covered military member is on active duty or call to
                                                                                                                                                              active duty status.<\/li>\n\n\n\n
                                                                                                                                                            4. If verification occurs pursuant to either item 2 or 3, no additional
                                                                                                                                                              information may be requested and the employee\u2019s permission is not
                                                                                                                                                              required.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n\n\n

                                                                                                                                                              Refer to Tennessee Board of Regents Policy No. 05:01:01:14 Family, Medical, and
                                                                                                                                                              Servicemember Leave<\/p>\n\n\n\n

                                                                                                                                                              \n\n\n\n

                                                                                                                                                              Approved: President Allen G. Edwards, July 14, 2003
                                                                                                                                                              Reviewed\/Recommended: President\u2019s Staff, May 19, 2008
                                                                                                                                                              Approved: President Allen G. Edwards, May 19, 2008
                                                                                                                                                              Editorial Changes, April 30, 2009
                                                                                                                                                              Reviewed\/Recommended: President\u2019s Council, September 30, 2013
                                                                                                                                                              Approved: President L. Anthony Wise, Jr. September 30, 2013
                                                                                                                                                              Reviewed\/Recommended, no changes, President\u2019s Council, March 4, 2019
                                                                                                                                                              Approved: President L. Anthony Wise Jr., March 4, 2019
                                                                                                                                                              Reviewed\/Recommended: President\u2019s Council, November 27, 2023
                                                                                                                                                              Approved: President L. Anthony Wise, Jr., November 27, 2023<\/p>\n","protected":false},"excerpt":{"rendered":"

                                                                                                                                                              FAMILY, MEDICAL, AND SERVICEMEMBER LEAVE Purpose In compliance with the Family and Medical Leave Act of 1993, as amended, (\u201cFMLA\u201d or \u201cthe Act\u201d) it is the policy of Pellissippi State Community College to provide eligible employees up to 12 workweeks of leave during a 12-month period for family or medical leave, or for a qualifying […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"policy-template-1","meta":{"footnotes":""},"class_list":["post-492","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/policies.pstcc.edu\/index.php?rest_route=\/wp\/v2\/pages\/492","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/policies.pstcc.edu\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/policies.pstcc.edu\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/policies.pstcc.edu\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/policies.pstcc.edu\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=492"}],"version-history":[{"count":1,"href":"https:\/\/policies.pstcc.edu\/index.php?rest_route=\/wp\/v2\/pages\/492\/revisions"}],"predecessor-version":[{"id":494,"href":"https:\/\/policies.pstcc.edu\/index.php?rest_route=\/wp\/v2\/pages\/492\/revisions\/494"}],"wp:attachment":[{"href":"https:\/\/policies.pstcc.edu\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=492"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}