Family and Medical Leave Act
An employee is eligible for family and medical leave if he or she has worked for Hendrix College for at least 12 months and has worked at least 1,250 hours during the 12-month period before the leave is to begin.
Reasons for the Leave
An employee is entitled to take up to 12 workweeks of leave:
- to attend to the birth, adoption or foster care placement of the employee’s child
- to attend to the serious health condition of the employee’s child, spouse or parent, or
- to receive care for the employee’s own serious health condition.
A serious health condition means an illness, injury, impairment, or physical or mental condition during which the employee is incapable of working that involves:
- treatment requiring inpatient care in a hospital, hospice or residential care facility, or
- continuing treatment by a health care provider for a condition that lasts more than three consecutive days, or
- for pregnancy or prenatal care or for a chronic health condition which continues over an extended period of time, requires periodic visits to a health care provider and may involve occasional episodes of incapacity, such as serious asthma or diabetes.
It also includes a permanent or long-term condition such as Alzheimer's, a severe stroke and terminal cancer. In addition, leave may be used to cover absences due to multiple treatments for restorative surgery or for a condition which would likely make the employee incapable of working for more than three days if not treated, such as chemotherapy or radiation treatments for cancer.
Types of Leave
Leave due to the birth or placement of a child must be taken in one continuous 12- week segment and must be taken within 12 months of the birth or placement of the child. A parent may request intermittent leave or reduced schedule for the birth or placement of a child, however the Human Resources Department and the appropriate area Vice President must approve such arrangements. For further details on parental leave operating procedure for faculty see the related section [page H-3]. An employee may take leave due to the employee’s own or a family member’s serious health condition in:
- one continuous 12 week segment
- an intermittent schedule, such as one day off each week, or
- a reduced schedule, such as beginning two hours late, twice a week.
Notice of Leave
If an employee’s need for leave is foreseeable, he or she must give 30 days prior notice if possible.
If an employee’s need for leave is due to a planned medical treatment, he or she must make every attempt to schedule the treatment so as not to unduly disrupt the work of his/her department. If the employee’s need for leave is not foreseeable, he/she must request it as soon as possible.
If an employee requests a leave due to his or her own or a family member’s serious health condition, s/he must provide medical certification from an appropriate health care provider. The medical certification must include the date on which the condition began and its probable duration. The employee may be denied leave if he/she does not provide satisfactory certification. Hendrix College may also require a second opinion or third opinion as to a serious health condition, at the College’s expense, prior to approving the leave.
An employee may not work for outside employers while on family and medical leave with Hendrix College.
Returning to Work
If an employee’s leave is due to his or her own medical condition, the employee is required to provide medical certification that he or she is able to resume work before returning. The health care provider must provide a statement that the employee is able to return to work and to perform the essential functions of the employee’s job.
Upon returning to work, the employee will be restored to his or her former position or to an equivalent position with the same employment benefits and pay, if possible. If the employee does not return to work at the end of the leave and/or does not notify Hendrix College of his or her status, the employee may be terminated.
Faculty who are granted leave under this policy are advised that the College will continue to provide health care coverage and will continue life insurance payments. All benefit costs normally paid by the faculty member are the responsibility of the faculty member. The time a faculty member is on Family or Medical Leave should be counted as continued service (i.e. no break in service) for other benefit plans.
Personal Leaves of Absence [Operating Procedure]
Personal leaves of absence are separate from and in addition to leaves of absences which may be granted pursuant to the Family Medical Leave Act, the policy for which appears immediately before this section. For the purposes of this section, the term “faculty” refers to those members of the Hendrix faculty whose annual contracts are for periods of less than 12 months and who do not accrue sick or vacation leave salary benefits. For all other members of the faculty, the personal leave policies in the Staff Handbook apply. Contact the Director of Human Resources for more information.
Personal Leaves of Absence for faculty members are approved by the Provost only upon showing of adequate personal reason. Personal leaves of absence may be full-time or part- time. Normally such leaves will be unpaid and will not affect one’s eligibility for tenure or sabbatical leave.
In exceptional circumstances, the President can place a faculty member on leave when the College finds it necessary to cover a major portion of the faculty member’s assigned
Except in special circumstances and with prior agreement, no leave will extend beyond the equivalent of one academic year of consecutive service. Even when extending beyond one academic year, a leave is only granted one year at a time.
Faculty Parental Leave for Childbirth or Adoption
This policy is applicable to all full-time, voting faculty of the College, including those faculty who are in a domestic partner relationship in accordance with the College’s domestic partner policy.
This policy provides paid leave benefits to the following:
- Birth mother and/or
- Primary caretaker. An eligible faculty member is defined to be the primary caretaker of their newborn or newly adopted child (less than 6 years of age) who is under the custody, care and control of the parent for the first time. The primary caretaker has responsibility for the care of the child for at least 20 hours per week, from Monday through Friday, between the hours of 8 a.m. and 4 p.m.
The standard parental leave consists of one semester away from the College and ¾ salary for the year in which the semester off occurs. Details about a leave should be discussed with the Provost.
In cases where both parents are Hendrix College faculty members, only one parent may be designated as the primary caretaker for the purposes of this policy. However, paid leave for the other parent will be allowed in accordance under the College’s Family and Medical Leave (FMLA) policy.
The College provides an optional long-term disability insurance policy. Faculty members are strongly encouraged to participate in this program. Should a lasting disability occur, the College’s group disability insurance policy begins paying benefits after a continuous period of disability of six months. Therefore, in cases of disability leave, leave with pay will normally be limited to the equivalent of six months of service or until the disability insurance would begin paying benefits, whichever comes first. If a faculty member chooses not to participate in the optional long-term disability insurance program, leave with pay will generally not extend beyond six months.
Faculty members drafted by the military service of the United States, and those who are members of the Reserve or National Guard units called into active duty, are entitled to leave of absence from the College. Such leaves will be without pay and will not be construed as breaking the continuity of employment, provided the faculty member returns to the College, in accordance with the Selective Service and Training Act.
Jury and Witness Duty Leave
Hendrix College recognizes that serving on a jury is not just a privilege, but a civic duty of its employees. If called to jury duty, the Faculty member will continue to receive regular salary while serving as a juror. Any compensation received for jury service will be in addition to the Faculty member’s regular salary. In all cases, the faculty member must give the College advance notice of the leave.