Employee Rights and Responsibilities Under the Family Medical Leave Act, FMLA

FMLA Leave Entitlement:

You have a right under the FMLA to take unpaid, job-protected FMLA leave in a 12-month period for certain family and medical reasons, including up to 12 weeks of unpaid leave in a 12-month period for the birth of a child or placement of a child for adoption or foster care, for leave related to your own or a family member’s serious health condition, or for certain qualifying exigencies related to the deployment of a military member to covered active duty. You also have a right under the FMLA to take up to 26 weeks of unpaid, job-protected FMLA leave in a single 12-month period to care for a covered servicemember with a serious injury or illness

(Military Caregiver Leave).


Substitution of Paid Leave – When Paid Leave is Used at the Same Time as FMLA Leave:

You have a right under the FMLA to request that your accrued paid leave to be substituted for your FMLA leave. This means that you can request that your accrued paid leave run concurrently with some or all of your unpaid FMLA leave, provided you meet any applicable requirements of our leave policy. Concurrent leave use means the absence will count against both the designated paid leave and unpaid FMLA leave at the same time. If you do not meet the requirements for taking paid leave, you remain entitled to take available unpaid FMLA leave in the applicable 12-month period. Even if you do not request it, the FMLA allows us to require you to use your available sick, vacation, or other paid leave during your FMLA absence. Please refer to the employee handbook, pg. 33 Family and Medical Leave Act.


Timesheets:

All timesheets are required to be updated upon leave request. It is the employees’ responsibility to complete and submit timesheets to their Supervisor in a timely manner indicating the accrued time being used. FMLA should be noted within the employee’s timesheet. A copy is required to be submitted to Payroll and Human

Resources.


FMLA Benefits:

Under the FMLA, eligible employees may use up to 12 weeks of leave in a 12-month period for the birth or adoption of a child; to care for a seriously ill child, spouse, or parent; or for the employee’s own serious illness. Further, during the period of paid or unpaid leave, health benefits must be maintained under the same conditions as if paid employment was continued. Upon an employee’s return from an approved FMLA leave, they must be reinstated to the same or an equivalent job with the same pay, benefits, and terms of

employment.


Insurance Premium Payments during an unpaid FMLA Leave:

Employees participating in the State Health Benefits Program are entitled to continued health coverage under

the Act while they are on Family Leave. Please note that an employee with a required payroll deduction will

be responsible to make this payment to the College if the leave is without pay.


Return to Work Requirements:

The FMLA requires that you notify us as soon as possible, if the dates of scheduled leave change, are extended, or were initially unknown. To be restored to work after taking FMLA leave, you will be required to provide a certification from your health care provider (fitness-for-work certification) that you are able to resume work.


This request for a fitness-for-work certification is only with regard to the particular serious health condition that caused your need for FMLA leave. If such certification is not timely received, your return to work may be delayed until the certification is provided.



Resource: U.S. Department of Labor, https://www.dol.gov/agencies/whd/fmla

Employee Request Form

To request leave on the basis of the Family and Medical Leave Act (FMLA), please complete the following request form and submit it to the Office of Human Resources at least 30 days prior to your leave (unless leave is unforeseen, in which case submit the form as soon as practical).

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Additional information about employee FMLA rights and responsibilities will be provided to you in writing within five business days after receipt of this notice (unless already provided).


Determination of eligibility for leave under the FMLA, and/or additional documentation or clarification of documentation, may be required prior to making a final FMLA determination to approve or deny an FMLA leave request.


Please contact the Office of Human Resources with any questions.


Contact Information:

Josianne Payoute, Director of Benefits and Compensation at jpayoute@hccc.edu or 201-360-4072

hr@hccc.edu or 201-360-4070


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