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POL 5.080 Family and Medical Leave

Kirtland Community College will adhere to the requirements of the Federal Family and Medical Leave Act (FMLA), and may provide additional benefits under this provision to designated employee groups as approved by the Board of Trustees.

Eligible employees are entitled under the provisions of the Act to up to 12 weeks of leave in a 12 month period.  The Board authorizes that eligible employees may take up to 1 year of leave, except as may be modified by negotiated agreement.

An eligible employee is one who has been employed by Kirtland Community College for at least 12 months and has worked a minimum of 1250 hours in the preceding 12 month period.

In order to qualify as FMLA leave, an eligible employee must be taking a leave for one of the following reasons:

  1. For the birth of a child in order to care for that child;
  2. For the placement of a child for adoption or foster care;
  3. To care for a spouse, son, daughter, parent, or next-of-kin, who is a member of the armed forces (including National Guard or Reserves) and who is undergoing medical treatment, recuperation, or therapy or is in out-patient status or temporarily disabled for a serious injury or illness incurred in the line of duty that renders the individual medically unfit to perform the duties of his or her office, grade, rank, or rating;
  4. To manage the affairs of an employee’s spouse, son, daughter, or parent who is a member of the National Guard or Reserves and who is called into active duty resulting in one or more qualifying exigencies.  A qualifying exigency may stem from any of the following categories:
  5. Short notice deployment
  6. Military events
  7. Financial and legal arrangements
  8. Counseling
  9. Rest & Recuperation
  10. Post-deployment activities
  11. Additional related activities agreed to by the employer and employee
    1. To care for a spouse, child, or parent, or any individual for whom the employee has a day-to-day responsibility of care, with a serious health condition; or
    2. The serious health condition of the employee.

Serious Health Condition is defined as “an illness, injury, impairment, or physical or mental condition which also involves:

  1. Any overnight stay in a medical care facility and subsequent incapacity or treatment in connection with the stay;
  2. Incapacity due to pregnancy or prenatal care;
  3. An absence of more than three (3) consecutive calendar days in which the individual is incapacitated and receiving treatment under the supervision of a health care provider;
  4. Chronic serious health condition;
  5. Long-term or permanent incapacity;
  6. Course of treatment to avoid extended medical incapacity;
  7.  Multiple treatments for restorative surgery and rehabilitation after an accident or injury.

Intermittent leave may be taken should medical circumstances warrant.


Revised July 8, 1993
Revised August 15, 2013


  1. A maximum of one year of unpaid leave may be taken for the following:
    1. Birth or placement for adoption or foster care of a child within 12 months of birth or placement;
    2. Serious health condition of a spouse, child, or parent;
    3. Employee’s own serious health condition.
  2. A first and second extension of child care leave shall be granted annually upon request thirty (30) days prior to the termination of the existing leave. A further extension of child care leave may be granted at the discretion of the board of trustees upon the recommendation of the President of the college.
  3. Such leave will be unpaid by the college unless the employee has personal, vacation, or sick time which they choose to use. Benefits will continue through the first year of the employee’s leave and be paid by the college. If an employee elects not to return to work for reasons other than a continuation, recurrence, or onset of a serious health condition, the college will charge the employee the appropriate health coverage premiums. Continuation of benefits beyond one year may be provided at the discretion of the board of trustees upon the recommendation of the President of the college.
  4. At the employee’s request, the college may grant a leave on an intermittent or reduced basis for the birth or adoption of a child. The employee must provide the college with 30 days advance notice or such notice as is practicable before the date on which the leave will begin. In addition, if a planned medical treatment is to take place, the employee is required to notify the college 30 days in advance or as is practicable before the date the leave will begin.
  5. An employee may take a leave on an intermittent or reduced schedule if either the employee or the employee’s family member has a serious medical condition.
  6. The college requires that an employee provide certification of a serious health condition for his/her own serious health condition or that of a family member. All certification requests must be submitted to the director of human resources in a timely manner.
  7. An employee returning from a family or medical leave will be returned either to the same position he or she had before, or to a position equivalent in pay, benefits, and other terms and conditions of employment. Re-employment after leave in excess of one year will be conditioned by the availability of an opening for which the individual is qualified. The employee must notify the director of human resources the end of the leave to ensure proper placement.