A. You will receive pay only if you have paid leave (sick, vacation)* available to use. In fact, it is College policy that you must use your leave accruals before you go on leave without pay during your FMLA leave. In order of priority this would include sick leave and vacation. You are not required to use compensatory leave before going on leave without pay.

The Family and Medical Leave Act, effective August 5, 1993, requires an employer to maintain coverage under any group health plan for an employee on FMLA leave under the same conditions coverage would have been provided if the employee had continued working. Coverage provided under the FMLA is not COBRA coverage, and FMLA leave is not a qualifying event under COBRA.

A. No. However, you must provide enough information about the reason for your absence so your supervisor realizes that your time off may qualify as FMLA leave. The Leave Request Form includes FMLA qualifying reasons and definitions.

A. If the need for your leave is foreseeable, you must provide advance written notice to your supervisor using the Leave Request Form available in the Office of Human Resources (HR) or at their website: http://hr.cocc.edu under forms. Also, please contact Human Resources immediately at 383-7216 for an appointment to discuss your rights and responsibilities.

A. No. It runs concurrently. FMLA leave does not start after paid leave is used up. The FMLA designation is based on the reason you are taking the leave, not whether you are on paid leave or unpaid leave. The law gives you protection regardless of pay status. FMLA actually protects your job, unlike sick leave, because you cannot be disciplined for missing time for an FMLA reason. If you have questions about sick leave, refer to your Collective Bargaining Agreement or handbook.

If an employee was eligible for a bonus before taking FMLA leave, the employee would be eligible for the bonus upon returning to work. The FMLA leave may not be counted against the employee. For example, if an employer offers a perfect attendance bonus, and the employee has not missed any time prior to taking FMLA leave, the employee would still be eligible for the bonus upon returning from FMLA leave.

Your employer does not have to pay you unless he/she had provided you with a written statement agreeing to pay for earned, but unused time. If you feel that you meet the terms and conditions provided in the employer's written statement of benefits, but did not receive payment, you may complete a wage claim form.

A. The College's contribution for your medical benefits (as stated contractually or by policy) continues during your leave even if you are on leave without pay. We will let you know in writing when your regular benefits end and when you become eligible for benefits under FMLA. When you are on unpaid leave, you will be required to pay the portion of the medical premium that is normally deducted from your paycheck.

A. The Family and Medical Leave Act states that, in all circumstances, it is the employer's responsibility. The Director of Human Resources is responsible for designating your leave as FMLA qualifying based on the reason for your leave and counting your leave toward your twelve-week entitlement. A. Yes. You have 10 days from the date HR is notified of the leave to provide the medical certification.

The Family Medical Leave Act (FMLA) provides that you may receive damages equal to any wages, salary, employment benefits or other compensation denied or lost by reason of the violation. If the violation is proven to be willful then a court may double the amount of wages, salary or benefit or other compensation lost. You may also be entitled to reasonable attorney’s fees and expenses associated with the litigation of the matter.

A - This is so routine that it's probably OK not to, but Royal Medical Consultants, Inc. recommends that to be consistent and to avoid any ambiguity you should request certification papers on anyone requesting a leave.

Absence of four days or more plus medical treatment two or more times (also includes one treatment and continuing medical supervision)

A. You accrue seniority while you are on paid FMLA leave. You do not accrue any seniority while on unpaid FMLA leave.

Eligible employees are entitled to up to 12 weeks of leave during a 12-month period for certain family and medical reasons.

A staff member who has met the eligibility requirements for FMLA can take up to 12 weeks of unpaid leave within a 12-month rolling calendar from the date the FMLA leave begins.

Worked at least 1,250 hours in the twelve (12) months immediately preceding the requested date for beginning leave

You must have twelve (12) months of service with the College and you must have worked at least 1,250 hours during the twelve (12) months preceding the date your leave begins. Under the Oregon Family Leave Act, you must be employed 180 calendar days and worked an average of 25 hours per week during the preceding 180 calendar days. (Exception: An employee working less than 25 hours per week may take leave to care for an infant or newly adopted child or foster child.)

Answer: If you are an "eligible" employee, you are entitled to 12 weeks of leave for certain family and medical reasons during a 12-month period. See C.F.R. 825.200 Answer: It can. FMLA leave and workers compensation leave can run together, provided the reason for the absence is due to a qualifying serious illness or injury and the employer properly notifies the employee in writing that the leave will be counted as FMLA leave. See C.F.R. 825.207(2) Answer: Yes.

Generally speaking, FMLA cannot be denied if the employee has a medically certified condition, or is caring for a covered individual who has a medically certified condition. Contact the Union Office if you have specific issues or questions.