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Administrative Manual - 207 Leaves of Absence

207.04 Family and Medical Leave Act

    1. In accordance with FMLA, JSA provides job protected time away from work for up to 12 weeks in a 12-month period for certain approved reasons. The 12-week period is defined separately from other JSA-provided leave, and other JSA-provided leave may be used simultaneously and/or sequentially with FMLA leave, depending on the circumstances.
    2. In keeping with JSA's policy that requires employees to exhaust all applicable paid leave before going on leave without pay, except when receiving short-term disability benefits (see Policy 205.06 Disability Insurance Plans), staff members with FMLA-qualifying events must use accrued sick and/or vacation leave to cover necessary absences.

    To be eligible for FMLA leave, an employee must have been employed by JSA:

    1. For at least 12 months, and
    2. For at least 1250 hours of work during the 12-month period immediately preceding the leave.
    1. JSA shall grant FMLA leave to eligible employees in only four circumstances:
      1. The birth of a son or daughter and to care for the newborn child;
      2. The placement with the employee of a son or a daughter for adoption or foster care;
      3. To care for the employee's spouse, son, daughter, or parent with a serious health condition; or
      4. The employee is unable to perform essential functions of his/her position due to a serious health condition.
    2. Employees with questions about what circumstances are covered under this FMLA policy and/or under the Lab's sick leave policy are encouraged to consult with the Employee Relations Manager in Human Resources.
    3. JSA requires an employee to provide a doctor's certification of the serious health condition.
    1. Duration

      For an employee's first request for FMLA leave, the 12 work weeks of FMLA leave in a 12-month period are measured forward from the date the employee's FMLA leave begins. Subsequent eligibility is based on:

      • Whether the employee has worked at least 1,250 hours during the12 months immediately prior to the current leave request; and
      • How much of the 12 weeks of FMLA leave remains for use.

      In the case of employee health conditions, FMLA leave may or may not coincide with disability insurance payments or Workers' Compensation payments.

    2. Continuation of Benefits
      1. JSA continues medical, dental, long term disability, and life insurance premium contributions for an employee on FMLA leave. While on unpaid leave the employee must continue to pay the employee's portion of insurance premiums.
      2. Sick and Vacation leave accrue only as long as the employee remains in a JSA-paid status.
      3. Retirement contributions are made only on JSA-paid income.
    1. FMLA leave may be taken only for the reasons discussed under Type of Leave Covered, above.
    2. FMLA defines spouse, son, daughter, and parent as follows:
      1. Spouse: A husband or wife as defined or recognized under Virginia law for purposes of marriage.
      2. Son or daughter: Biological, adopted, or foster child, stepchild, legal ward, or child of a person standing "in loco parentis" who is either under the age of 18, or older but incapable of self care because of a mental or physical disability.
      3. Parent: A biological parent or a person who stands "in loco parentis" to an employee who qualifies as a son or daughter. The term does not include parents-in-law.

        Note that JSA's policy covering family emergency leaves (see section of Sick Leave policy entitled Family Emergency Leave (207.02, D7) allows employees to use up to 5 working days per occurence of sick leave to attend to non-FMLA-qualifying events.

    3. With appropriate medical documentation, FMLA medical leave may be taken intermittently; i.e., interspersed with work days or partial days.
    4. Non-medical FMLA leave during the year following the birth or adoption of a child may be taken intermittently, provided the requirements noted in 5. below are met. If these requirements are not met, the FMLA leave must be taken in a single block of time during the year following the birth or adoption.
    5. Requests for intermittent non-medical FMLA leave during the year following the birth or adoption of a child shall:
      1. Be submitted at least thirty (30) days in advance (shorter notice may be accepted due to unexpected changes in delivery or adoption dates)
      2. Include a six-month schedule encompassing any requested intermittent leave;
      3. Be pre-approved by the employee's supervisor, who may require changes in the requested schedule due to the operational needs of the Laboratory. The supervisor is responsible for advising Human Resources, prior to the start of the leave, that an intermittent FMLA leave schedule has been requested and approved.
    6. Intermittent non-medical FMLA leave during the year following the birth or adoption of a child shall be taken in blocks of no less than one (1) day.
    1. Employees
      1. An employee wishing to take an extended leave (three (3) days or more) to attend to a personal or family illness or the birth/placement of a child shall state the reasons for the requested leave, in writing, to his/her supervisor.
      2. Any employee who is on FMLA leave due to a personal serious health condition shall obtain a return to work authorization from the JSA Occupational Health & Safety staff immediately upon returning from the FMLA leave related to the personal illness. In such a situation, the returning employee may not perform any JSA job duties until obtaining the return to work authorization.
      3. While on leave for personal illness, employees are required to report to the Occupational Health & Safety staff at the beginning of the absence and after every related physician's appointment during the absence regarding the status of the medical condition and their intent to return to work.
    2. Supervisors
      1. A supervisor shall contact Human Resources immediately when an employee requests extended (three (3) days or more) leave for any reason involving a personal or family medical problem or the birth or placement of a child.
      2. A supervisor also shall contact Human Resources when an employee is out on sick leave for a period of three (3) or more consecutive work days, or requests intermittent leave or a reduced/altered work schedule because of a personal or family medical condition or non-medical FMLA leave during the year following the birth or adoption of a child.
    3. Human Resources
      1. Human Resources in conjunction with the Occupational Health & Safety staff shall determine if an employee is eligible for FMLA leave and if the employee's particular situation allows for the use of FMLA leave.
      2. Human Resources shall notify the employee and the supervisor any time an employee is determined to be on FMLA leave.
    1. The JSA/Jefferson Lab Employee Relations Manager shall serve as the FMLA officer for interpretations and determinations as to the use of leave under this policy.
    2. Appeals may be addressed to the Human Resources Director.

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