Chapter Six: Statutory Compliance

Procedure Title: Family Medical Leave Act of 1993

Based On: Board Policy No. 3
Procedure Number: 6.05
Date Adopted/Revised: June 25, 2001; November 21, 2006; May 15, 2007; May 5, 2015
  1. In accordance with the federal Family Medical Leave Act of 1993, South Arkansas Community College will grant up to 12 weeks of unpaid leave in a 12-month period if requested by an employee for the following reasons:

    1. The birth of a child and to care for a newborn;

    2. The placement of a child for adoption or foster care with the employee;

    3. To care for the employee’s spouse, son, daughter, or parent with a serious health condition; or

    4. Due to a serious health condition that renders the employee unable to perform the functions of his or her job. The College will follow the definitions and procedures published by the Department of Labor in administering the Family and Medical Leave Act of 1993.

  2. Procedures and Conditions for Taking FMLA Leave

    1. All FMLA leave will be taken at one time, except leave for a serious health condition, in which case leave may be taken intermittently if such a schedule is needed for medical reasons.

    2. As required by Arkansas Code, the employee must exhaust all paid leave prior to taking unpaid leave. Vacation leave, paid personal leave, or (in the case of serious health condition) paid sick leave must be used first as part or all of the 12-week period, if such leave is available.

    3. Any paid leave counted against the 12 weeks must be designated in advance as an FMLA leave by the College.

    4. The 12-month period used by SouthArk for determining eligibility is the calendar year. In the case of birth or adoption, eligibility for FMLA leave shall expire at the end of the 12-month period beginning on the date of a child’s birth or placement. However, leave used for this purpose shall also be calculated on a calendar year basis.

    5. The employee is expected to give the College at least 30 days advance notice of leave to the extent that advance notice is practicable.

    6. If the leave is granted for planned medical treatment and will be taken on an intermittent basis or by a reduced work schedule, the employee is expected to schedule the treatment so as to create minimal disruption for the employer.

  3. Procedures and Conditions for Returning to Work

    1. The College will restore any employee, including highest paid employees, to his/her previous position upon return from FMLA leave.

    2. The College will pay for health benefits for the employee in the same manner and amounts as were paid when the employee was not on leave.

    3. Any employee contributions or non-health benefits will be paid by the employee while on leave at the time the contributions would have been paid if paid by a payroll deduction.

    4. If the employee does not return to work after the leave for reasons other than health conditions or some other reason beyond the employee’s control the employee will be responsible for repaying the institution for health benefits paid by the College during leave.