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Family & Medical Leave Act (FMLA) (Policy)

Office of Origin: Human Resources
Responsibility: Executive Director, Human Resources
Original Date Adopted: 8-24-93
Dates Reviewed: 4-6-18, 6-12-18, 12-1-21(C), 3-15-22(C)
Last Date Board Approved: 6-12-18 

Lake Michigan College (the College) is committed to compliance with the Family and Medical Leave Act of 1993 (FMLA.) This policy provides eligible employees with a basic understanding of their rights and obligations under the FMLA.

An eligible employee is one who:

  • has been employed by the College for at least 12 months (need not be consecutive), 
  • has worked at least 1,250 hours* during the 12-month period preceding a request for Family Medical Leave (FML), and 
  • has been employed at a worksite where 50 or more employees are located within 75 miles of the worksite.

* Other paid or unpaid time off taken prior to taking FML (such as Workers' Compensation, Short Term Disability, etc.) are not included in the 1,250 work hours.

Basic Leave Entitlement 

An eligible employee is entitled to take up to 12 weeks of job-protected FML during any rolling 12-month period for the following reasons:

  • To care for their child after birth or placement for adoption or foster care;
  • To care for their spouse, son, daughter, or parent (but not in-law) who has a serious health condition; or
  • For a serious health condition (including any period of incapacity due to pregnancy, prenatal medical care, or childbirth) that makes them unable to perform one or more of the essential functions of their job. 

Military Family Leave Entitlements

Eligible employees whose spouse, son, daughter, or parent is on covered active duty or called to covered active duty status may use their 12-week leave entitlement to address certain "qualifying exigencies." Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, caring for the parents of the military member on covered active duty, and attending post-deployment reintegration briefings. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member with a serious injury or illness during a single 12-month period.

An employee on paid FML will continue to pay medical insurance premiums through payroll deduction. An employee on unpaid FML will be billed for their medical insurance premiums.

References:  Family and Medical Leave Act of 1993

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