5.14.2 Family and Medical Leave
Revised: October 1, 2012
The Family and Medical Leave Act of 1993 (FMLA)
The Family and Medical Leave Act of 1993 became effective August 5, 1993. This act has an ultimate goal of promoting the stability and economic security of families and also promoting national interests in preserving family integrity. In essence, the act guarantees an employee a right to leave with or without pay for up to 12 weeks per year (from the date of initiation) during any twelve-month period for family and medical purposes, for one or more of the reasons below:
- the birth of a child and to care for the child after birth, provided the leave is taken within a twelve-month period following birth;
- to care for a child placed with the employee for adoption, provided the leave is taken within a twelve-month period following adoption;
- to care for the employee’s child, spouse, or parent, where that child, spouse or parent has a serious health condition as certified by a physician; or
- because the employee has a serious health condition as certified by a physician that makes the employee unable to perform the functions of the employee’s position.
- Effective January 28, 2008, upon implementation of the National Defense Authorization Act (NDAA), Public Law 110-181, Section 585(a), Congress amended the Family and Medical Leave Act by adding Service member Family Leave. In 2010 the FMLA was again amended, expanding the military-related leave protections. The FMLA was also amended to include a special eligibility provision for airline flight crew employees.
Other provisions of this act include reinstatement to the same position held when the leave began or one of like pay, and other conditions of employment; reinstatement without loss of benefits accrued when the leave began; accrual of benefits during any period of leave with pay; and the maintenance of health insurance coverage for the employee for the duration of leave at the level and under the conditions coverage would have been provided if the employee had continued employment.
Sandhills Community College endorses the Family Medical Leave Act as part of the College’s attempt to assist employees as they balance the demands of work, family, and personal well-being.
By directive of the North Carolina Community College System, employees who have worked with the state at least twelve months and have been on the payroll for at least 1,250 hours during the past twelve months are eligible for up to twelve work-weeks of FMLA. This leave is concurrent with sick leave and/or vacation leave.
During the twelve-week period approved for FMLA, employees who are using sick or vacation leave will continue to receive regular benefits. For those not using sick or vacation leave, the state will continue to pay health insurance premiums, but the employees will be responsible for paying for dependent coverage each month. (These payments should go to the College payroll office.) At the end of the twelve-week approved leave from work, the employee will be assured of returning to his or her same position or another position earning the same pay and benefits.
In other words, the FMLA ensures that the employee may return to the same or equivalent job at the College at the same pay scale and with the same benefits.