POL 5.080 Family and Medical Leave

Kirtland Community College will adhere to the requirements of the Federal Family and Medical Leave Act (FMLA), and may provide additional benefits under this provision to designated employee groups as approved by the Board of Trustees.

Eligible employees are entitled under the provisions of the Act to up to 12 weeks of leave in a 12 month period.  The Board authorizes that eligible employees may take up to 6 months of leave, except as may be modified by negotiated agreement.

An eligible employee is one who has been employed by Kirtland Community College for at least 12 months and has worked a minimum of 1250 hours in the preceding 12 month period.

In order to qualify as FMLA leave, an eligible employee must be taking a leave for one of the following reasons:

1. For the birth of a child in order to care for that child;
2. For the placement of a child for adoption or foster care;
3. To care for a spouse, son, daughter, parent, or next-of-kin, who is a member of the armed forces (including National Guard or Reserves) and who is undergoing medical treatment, recuperation, or therapy or is in out-patient status or temporarily disabled for a serious injury or illness incurred in the line of duty that renders the individual medically unfit to perform the duties of his or her office, grade, rank, or rating;
4. To manage the affairs of an employee’s spouse, son, daughter, or parent who is a member of the National Guard or Reserves and who is called into active duty resulting in one or more qualifying exigencies.  A qualifying exigency may stem from any of the following categories:
   1. Short notice deployment
   2. Military events
   3. Financial and legal arrangements
   4. Counseling
   5. Rest & Recuperation
   6. Post-deployment activities
   7. Additional related activities agreed to by the employer and employee
5. To care for a spouse, child, or parent, or any individual for whom the employee has a day-to-day responsibility of care, with a serious health condition; or
6. The serious health condition of the employee.

Serious Health Condition is defined as “an illness, injury, impairment, or physical or mental condition which also involves:

1. Any overnight stay in a medical care facility and subsequent incapacity or treatment in connection with the stay;
2. Incapacity due to pregnancy or prenatal care;
3. An absence of more than three (3) consecutive calendar days in which the individual is incapacitated and receiving treatment under the supervision of a health care provider;
4. Chronic serious health condition;
5. Long-term or permanent incapacity;
6. Course of treatment to avoid extended medical incapacity;
7.  Multiple treatments for restorative surgery and rehabilitation after an accident or injury.

Intermittent leave may be taken should medical circumstances warrant.

Revised July 8, 1993
Revised August 15, 2013
Revised October 21, 2021