Section 22-B8407. FAMILY AND MEDICAL LEAVE

 

8407.1Policy: The PBC shall comply with the Family and Medical Leave Act of 1993 (“FMLA”) and other applicable law.

 

8407.2Eligibility:

 

(a)An eligible employee is one who has been employed for at least twelve (12) months and for at least one thousand (1,000) base hours of service during the previous twelve (12) months;

 

(b)Eligible employees have the right to take unpaid leave, or paid leave if it has been earned, for a period of up to sixteen (16) work weeks in a twelve (12) month period to provide care for a new arrived child, care for a parent, spouse or child with a serious health condition or self care for the employee who has a serious health condition; and

 

(c)The twelve (12) month period is measured forward from the start date of an employee’s first FMLA leave day.

 

8407.3Paid time off in conjunction with family and medical leave: Employees who take family and medical leave may use unpaid leave. Any paid leave provided that the employee elects to use for medical leave shall count against the sixteen (16) workweeks of allowable medical leave.

 

8407.4Continuation of benefits: While on a family and medical leave, employees shall have health benefits maintained while on leave, provided they timely remit to Human Resources the required employee portion of the premium of the group health plan, if any.

 

8407.5Leave restrictions: An employee’s FMLA leave for the birth, adoption, or foster care of a child must commence within twelve (12) months of the birth, adoption, or foster care of child.

 

8407.6Intermittent or reduced leave schedules: Under certain conditions, PBC shall allow employees to take an intermittent leave or work on a reduced schedule.

 

8407.7The following procedures shall apply to the Family and Medical Leave Act:

 

(a)Initial request: An employee shall give thirty (30) days advance notice to their manager in writing, where practical, when applying for an FMLA leave using the applicable forms of leave of absence request form or employee application for FMLA;

 

(1)In emergency circumstances, the employee may provide oral notice initially, if written notice impracticable. The employee must then submit written notice;

 

(2)When applicable, a Department of Labor form for medical certification may be required;

 

(3)Upon initial approval by the manager, the leave request and a signed requisition form must be submitted immediately to Human Resources for final designation as FMLA leave, if qualified; and

 

(4)An employee may opt to reveal their condition to Occupational Health Services in lieu of their manager or Human Resources if confidentiality is an issue.

 

(b)Designation of FMLA leave: Human Resources and/or Occupational Health Service shall determine whether the leave qualifies under FMLA. If the leave is determined to be an FMLA leave, a response letter designating the leave as an FMLA leave and explaining the employee’s rights shall be forwarded to the employee by Human Resources;

 

(c)Request for continuation or reinstatement: A request for reinstatement must be submitted to the department manager ten (10) days before the expiration of leave or prior to the date the employee intends to return to work; and

 

(d)An employee shall return to the same or similar position provided they return within or immediately following the sixteen week period as permitted by law.

 

source

Final Rulemaking published at 45 DCR 7353, 7380 (October 9, 1998).