5. Leaves and Accommodations

5.1 Bereavement Leave

CIA understands the importance of family and provides paid bereavement benefits to full-time and part-time employees. In the event of the death of an Employee’s family member, Employees are entitled to take paid bereavement to attend funeral services, to take care of personal matters, and to grieve. 

Immediate Family Members
All full-time and part-time Employees are entitled to up to five (5) consecutive working days of paid bereavement in situations involving the death of the Employee’s immediate family member. 

“Immediate Family” is defined as an Employee’s parents or legal guardians, mother-in-law, father-in-law, spouse, domestic partner, children, brothers, sisters, grandparents, grandchildren, step-parents, step-children, step-brothers, step-sisters, parents of the Employee’s domestic partner, and children of the Employee’s domestic partner. 

Extended Family Members
In the event of the death of an Employee’s extended family member, all full-time and part-time Employees are entitled to paid bereavement of one (1) working day. If the funeral or other memorial service takes place more than 500 miles from the worksite, Employees are entitled to up to three (3) consecutive working days of paid bereavement. 

“Extended Family” is defined as an Employee’s brother-in-law, sister-in-law, daughter-in-law, son-in-law, aunt, uncle, niece, nephew, cousin, and siblings of the Employee’s domestic partner. 

Communicating with Management is Important. Before taking paid bereavement, Employees must alert management of the need for time away and under what benefit they are requesting (Immediate or Extended Family).  

5.2 Jury Duty/Witness Duty

The College recognizes each employee’s legal and civic obligation to serve if called for jury duty, or subpoenaed as a witness. The following policy applies to regular full- and part-time benefit-eligible Employees: 

Employees will receive full pay for up to ten (10) work days for time spent on active jury duty. For instances in which active jury duty extends beyond ten (10) work days, the employee’s continued absence will be excused until the trial is completed. However, compensation will not be provided beyond that initial ten (10) working day period, unless the employee chooses to use vacation or personal days.

An employee called to jury duty is expected to report to work on any day when not engaged in jury duty. An employee excused from jury service and allowed to leave before the end of the day is expected to return to work on that day unless CIA has agreed or instructed otherwise. If an employee is actually serving on a jury and is assigned to a night court session, the employee is not required to report to work during that day. If an employee normally works on Saturday and/or Sunday, s/he will not be required to work those days while serving on jury duty Monday through Friday.

When called to jury duty, the employee is to notify his/her manager immediately to help plan for the pending absence. All benefits remain in effect while on an excused absence for jury duty.

The College reserves the right to request a copy of the summons and/or that jury duty be postponed to a later date.

If subpoenaed to appear as a witness by the College, the employee will receive full pay for the entire period of witness duty at the College’s sole discretion. If someone other than the College subpoenas the employee, the employee will be excused for the period of witness duty; however, the employee will not be paid for his or her absence unless he or she elects to use any available vacation or personal days that he or she may have available.

5.3 Voting

CIA recognizes that voting is a right and privilege of being a citizen of the United States and encourages employees to exercise their right to vote. In almost all cases, employees will have sufficient time outside working hours to vote. If for any reason an employee believes this will not be the case, the employee should contact their supervisor to discuss scheduling accommodations. 

5.4 Military Leave

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that establishes rights and responsibilities for uniformed service members and their civilian employers. It is the College’s policy and intent to fully comply with USERRA and any related state laws with respect to leaves of absence, health coverage, reemployment, disabilities incurred or aggravated during uniformed service, non-discrimination and non-retaliation, and other covered matters. Specifically, the College will not deny employment, reemployment, retention in employment, promotion, or any benefit of employment to an individual due to uniformed service, and will not tolerate discrimination or retaliation due to uniformed service. 

Employees must provide adequate advance notice to the College of their need for military leave, preferably at least thirty (30) days in advance and in writing, except where such advance notice is impossible or unreasonable. Barring any exception outlined in USERRA or related state laws, employees will be eligible for reemployment after uniformed service provided they satisfy USERRA’s reinstatement requirements.

For more specific information about service-related leave and other rights and obligations related to service in the uniformed services, contact the Human Resources Office.

Vacation and Sick time Accrual on Leave
Employees will not accrue vacation and sick time while on Leave. Except as otherwise provided by law, time spent on Unpaid Leave will not be counted as time employed determining an employee’s eligibility for benefits that accrue on the basis of length of employment. 

Communication
While on Extended or Unpaid Leave, employees are required to report periodically, at least every thirty (30) days, to Human Resources regarding the status of their leave, as applicable, and their intent to return to work. Employees may be required to provide satisfactory evidence substantiating their need for continued leave if applicable. 

5.5 Family and Medical Leave 

The Family and Medical Leave Act (FMLA) is a federal law which allows eligible employees to take up to twelve weeks of leave for certain qualifying conditions or life events. CIA follows federal law for all matters related to FMLA now or as amended. To be eligible, you must be a regular full-time or part-time employee with at least one full year of service at CIA and have worked at least 1,250 hours in the 12 months prior to the commencement of the leave.

Leave Entitlement
The maximum amount of leave an eligible employee may take is twelve weeks within a 12-month period. This 12-month period is measured backward from the date an employee requests leave. Any leave taken in the past 12 months will be subtracted from the 12-week entitlement. FMLA leave may be taken for eligible reasons under the FMLA, which presently include the following:

• Birth and care of the newborn child of the employee
• Placement with the employee of a child through adoption or foster care
• To care for an immediate family member (spouse, child or parent) with a “serious health condition.”
• When the employee is unable to work because of a “serious health condition.”
• Qualifying Exigency (emergency) Leave for military families. Eligible employees who have a covered military family member (National Guard and Reserves) who is called to active duty in support of a contingency operation may take time off to manage their affairs.

The following situations apply:

• Short notice deployment
• Military events and related activities
• Childcare and school activities
• Financial and legal arrangements
• Counseling
• Rest and recuperation
• Post-deployment activities
• Additional activities not covered by the other categories, but agreed to by the employer and employee

If a married couple or qualified domestic partners both work for the College and each wants to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent with a serious health condition, the employees may take only a combined total of 12 weeks of leave. Each time an employee takes leave, the College will compute the amount of leave the employee has taken under this policy and subtract it from the period of available leave, and the balance remaining will be the amount the employee is entitled to take. 

Military Caregiver Leave
An employee may take up to 26 work weeks of leave in a single 12-month period looking forward from the date you begin military caregiver leave, to care for a covered service member with a serious illness or injury incurred in the line of duty on active duty. In the case of both military Family Leave provisions, the employee’s relationship to the service member is defined as “next of kin,” which can include grandparents, uncles, aunts, first cousins and any relative so designated by the service member, not just spouses, parents and children. 

This military caregiver leave may be taken only once per injury by any one caregiver. It may be taken again if there are additional injuries. The leave is only available while the service member remains in the military. 

Compensation while on unpaid FMLA leave
FMLA leave is unpaid. However, there are some circumstances in which all or part of the leave may be paid using vacation, sick, personal and short-term disability, which will run concurrently with FMLA leave. 

• Employees who have accrued paid leave such as vacation and sick time will be required to use such leave with their FMLA leave for their own personal illness or illness of a family member. 
• In the case of FMLA in the event of birth or adoption employees are required to use vacation and/or sick time. 
• In the case of military exigency leave employees are required to use vacation and sick time.

Once all vacation, personal and sick time is used, all remaining approved time off will be unpaid unless otherwise covered by short-term disability.

FMLA leave also will run concurrently with any other available paid leave, such as workers’ compensation, short-term disability etc. 

Certification of Serious Health Conditions
“Serious health condition” means an injury, impairment or illness that involves either:

• Any period of incapacity or treatment connected with inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility and any subsequent treatment in connection with inpatient care;
• Continuing treatment by a health care provider which includes a period of incapacity (i.e. inability to work, attend school or perform other regular daily activities) for more than three consecutive calendar days that also involves: (a) treatment two or more times by a health care provider or under a health care provider’s orders; or (b) treatment on one occasion which results in a regimen of continuing treatment;
• Any period of incapacity due to pregnancy or prenatal care;
• Any period of incapacity or treatment for incapacity due to a chronic serious health condition (a condition which requires periodic visits for treatment, continues over an extended period of time, requires periodic visits to a health care provider and may involve episodic rather than continuing incapacity);
• Incapacity which is permanent or long-term due to a condition for which treatment may not be effective and the employee or family member is under the continuing supervision of a health care provider; or
• Absence to receive multiple treatments by a health care provider for restorative surgery or for a condition that would likely result in incapacity of more than three consecutive calendar days in the absence of medical intervention.

The College will ask for certification of an employee’s serious health condition or that of their family member. Employees shall respond to such a request within 15 days or provide a reasonable explanation for the delay. Failure to provide certification will result in a denial of leave and unprotected absences subject to corrective action. Medical certification must be provided by a qualified healthcare provider.

Certification of the serious health condition must include the following:

• Date when the condition began;
• Condition’s expected duration;
• Relevant facts regarding the condition; and
• Brief statement how work and/or work schedule would be affected.

For medical leave for an employee’s own serious health condition, the certification also must include a statement that the employee is unable to perform work of any kind or that the employee is unable to perform the essential functions of their job. For a seriously ill family member, the certification must include a statement that the patient requires assistance and that the employee is needed to care for the family member.

If an employee plans to take intermittent leave or work a reduced schedule, the certification also must include dates of treatment and a statement of medical necessity for taking intermittent leave or for working a reduced schedule.

If the certification is incomplete or insufficient, the employee will be given written notification specifying the reasons why the certification is incomplete or insufficient, and what information is needed to cure any such incompleteness or insufficiency. The employee will have seven (7) days after receiving such written notice to provide the necessary information to the College.

The College reserves the right to ask for a second opinion regarding a serious health condition. The College will pay for the employee to get an opinion from a second physician selected by CIA.

If necessary, to resolve a conflict between the original certification and the second opinion, the College will require the opinion of a third physician. The College and the employee will jointly select the third physician, and the College will pay for that opinion. The third opinion will be final.

The College may also require periodic recertification during the course of a leave of absence, including intermittent or reduced schedule leave.

Intermittent Leave
Under some circumstances, you may take FMLA leave intermittently in blocks of time or by reducing your normal weekly or daily work schedule. If the leave is for the birth and care or placement of a child for adoption or foster care, the use of intermittent leave will be considered on a case-by-case basis. If you have a serious health condition and are unable to work, or you must care for a seriously ill family member, intermittent FMLA leave is available when it is medically necessary. If the intermittent leave is needed for planned medical treatment, you must try to schedule the treatment to avoid undue disruption to business operations. Employees utilizing intermittent leave must follow the College’s absence notification procedures absent unusual circumstances, and, when calling in, must state that their absence is for FMLA leave.

Health Benefit
Your group health insurance coverage will be maintained on the same terms as if you had continued to work for the period you are on FMLA leave. You must continue to pay your share of the insurance premiums while you are on leave. If you are no longer receiving a paycheck, the premium payments must be received by Human Resources by the first of the month. If an employee does not return to work after an FMLA leave, CIA can recover the premiums it paid to maintain health coverage, in some instances.

Job Restoration
As a condition to restoring an employee whose FMLA leave was based on the employee’s own serious health condition, the employee must provide certification from his or her health care provider stating that the employee is able to return to work and to perform the essential functions of his/her last regular position. Upon return from FMLA leave, as long as it does not exceed 12 weeks (60 days) you will be returned to your original job, or an equivalent job. (Certain exemptions to this exist; contact the Human Resources Office for further information.) This provision, however, does not exempt any employee on FMLA leave from such job actions as reclassification, job modification, layoff, job elimination, etc., which would have occurred even in the absence of the FMLA leave. FMLA leave will not be counted in evaluating your attendance.

Should your need for leave extend beyond 12 weeks then the ability of the organization to return you to your job or any job is evaluated on a case by case basis. If an employee fails to return from an approved FMLA Leave, the employee will be considered to have voluntarily resigned his/her position. If an employee needs additional leave due to his/her own serious medical condition, he or she should contact Human Resources to determine whether he or she is a qualified individual with a disability and whether there are any reasonable accommodations which would enable the employee to return to work and perform the essential functions of his or her position.

Notice and certification requirements
If the leave is foreseeable (including birth or placement of a child, planned medical care, leave due to active duty of immediate family member, etc.), the employee must provide at least thirty (30) days advance notice to Human Resources. If circumstances prevent providing the thirty (30) days advance notice, the employee should provide notice to Human Resources as soon as practicable after learning of the need for leave. Human Resources will supply the forms necessary to apply for FMLA leave. 

For an extension of requested leave, the employee must inform his/her supervisor of the qualifying reason for the extension as soon as practicable after learning of the need for the extension. Employees must make every reasonable effort to schedule medical treatments so as not to disrupt the ongoing operations of the College. The Human Resources Office will supply the forms necessary to apply for FMLA leave.

The FMLA makes it unlawful for any employer to interfere with, restrain or deny the exercise of any right provided by the FMLA; or, to discharge or discriminate against any person for opposing any unlawful practices under the FMLA or being involved in any proceeding relating to the FMLA.

5.6 Unpaid Personal Leaves Not Covered by FMLA

If an employee finds that they require time away from their job for non-medical reasons, requests for unpaid leaves of absence are to be submitted in writing to the employee’s Vice President and will be approved on a case by case basis. An employee does not, however, accrue paid time off during an unpaid leave of absence. The employee is also not entitled to holiday pay for any holidays during the leave period.

Non-medical related unpaid leaves, in no case may exceed 12 weeks. Any employee on personal leave for more than 12 weeks will be administratively terminated.

For medical related leaves not covered by FMLA if additional time beyond 12 weeks is needed please see disability accommodation policy 8.14.