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