A. Family Medical Leave
Family and medical leave will be granted in accordance with the requirements of applicable state and federal law in effect at the time the leave is granted. In certain situations, the federal law requires that provisions of state law apply. In any case, employees will be eligible for the most generous benefits available under either law.
Employees should contact their supervisor and the Human Resources office as soon as they become aware of the need for a family or medical leave. Westmont’s practice is that employees who are out for three or more calendar days will be provided leave paperwork and considered on leave. The following is a summary of the relevant provisions with additional information available from Human Resources. At the time of the request, a copy of the leave policy will be provided.
Additional Military FMLA Leave
Additional FMLA leave time may be available for eligible employees who need to care for a covered servicemember (defined below). The employee may qualify for a total of 26 workweeks of an unpaid leave in a single 12-month period, for the following reason:
In some circumstances, employees may take family or medical leave intermittently or by reducing their normal weekly or daily work schedule.
(1) Notice and Certification
Employees seeking to use family or medical leave may be required to provide:
(2) Compensation during Leave
Family and medical leave is unpaid. In certain circumstances required by law, the employee must use accrued paid leave (e.g. vacation or sick leave) to cover some or all of the family or medical leave. Other state benefits may be available. See Sick Leave 6.5 for additional information on the use of paid time off.
(3) Benefits during Leave
Group health insurance coverage will be maintained for an employee on family or medical leave up to a maximum of 12 work weeks if such insurance was provided before the leave was taken and on the same terms as if the employee continued to work. In certain circumstances required by law, employees who do not return to work following family or medical leave may be required to reimburse the college for premiums it paid to maintain health coverage for the employee and their family. If this is the case, the employee must make arrangements with Human Resources to confirm how this payment should be handled.
(4) Job Reinstatement
Under most circumstances, upon return from family or medical leave, an employee will be reinstated to his or her original position or to a position with equivalent benefits, pay and terms and conditions of employment. However, an employee has no greater right to reinstatement than if the employee had been continuously employed rather than on leave. If an employee returning from a medical leave is unable to perform the essential functions of the job because of a physical or mental condition, the Americans with Disabilities Act may govern the college's obligations. In addition, an employee's use of family or medical leave will not result in the loss of any employment benefit that the employee earned or was entitled to before using family or medical leave.
(5) Unlawful Acts
It is unlawful for Westmont to interfere with, restrain or deny the exercise of any right provided by state or federal law. It is also unlawful for Westmont to refuse to hire or to discharge or discriminate against any individual for opposing any practice or because of involvement in any proceedings, related to family or medical leave.