Employees who have worked for the Copiah-Jefferson Regional Library (CJRL) system for at least one (1) year and for no fewer than one thousand two hundred and fifty (1,250) hours over the previous twelve (12) months are covered by the Family and Medical Leave Act (FMLA).
CJRL determined the qualifying 12-month period based on “a rolling 12-month period measured backward from the date an employee uses FMLA leave.” (http://www.dol.gov/whd/regs/compliance/1421.htm)
In compliance with the FMLA, eligible Copiah-Jefferson Regional Library employees are entitled to up to twelve (12) weeks of unpaid, job protected leave for the following reasons:
During all FMLA leave, the employee's group health coverage will be maintained by the Copiah-Jefferson Regional Library. Should the employee fail to return to work at the end of the FMLA leave for at least 30 days, he or she must reimburse the library for any health insurance premiums paid during his or her FMLA leave. Upon return from FMLA leave, the employee will return to the original or equivalent position with equivalent pay, benefits and other employment terms.
Employees must provide thirty (30) days advance notice of the need to take FMLA leave when the need is foreseeable. When thirty (30) days’ notice is not possible, the employee must provide notice as soon as practicable.
Employees are required to provide sufficient information for an FMLA eligibility determination to be made. This information will also be used to determine the anticipated timing and duration of the leave. The failure to provide sufficient information for an FMLA determination, or to timely supply such information, may result in the denial of FMLA leave. Employees must complete and return to the Business Manager, within fifteen (15) days of receipt, one of the following U.S. Department of Labor (USDL) certification forms:
If information provided by the employee or the healthcare provider on the certification form is incomplete or insufficient, the employee will be notified, in writing, as to what information is lacking and given seven (7) calendar days to cure the deficiency.
Employees may be required to provide a new medical certification each leave year for medical conditions that last longer than one year. Recertification may also be required every six (6) months for an ongoing condition resulting in recurring absences. Eligible employees requesting leave will be informed, within five days, as to whether their condition/exigency (urgent need) qualifies for FMLA leave. A FMLA-qualifying Copiah-Jefferson Regional Library employee:
The Copiah-Jefferson Regional Library applies FMLA leave shall run concurrent with accrued and or accumulated sick leave and/or annual leave if any. All accumulated sick leave and/or annual leave must be exhausted before unpaid FMLA leave begins. Sick leave is utilized first, followed by personal leave.
No Copiah-Jefferson Regional Library employee may interfere with, restrain, or deny the exercise of any right provided under the Family and Medical Leave Act. No Copiah-Jefferson Regional Library employee may discharge or discriminate against any person for opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or relating to the FMLA. 29 CFR 825.220(a)(1)and(2)
An eligible employee is entitled to up to 12 weeks of FMLA leave because of any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is a member of any Armed Forces and/or a reserve component of the Armed Forces on covered active duty.
An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty any time during the five years preceding the treatment is entitled to up to 26 weeks of leave in a single 12 month period to care for the service member.
The twenty-six (26) week entitlement applies to additional family members (i.e., next of kin) not previously covered for qualifying reasons. This entitlement is not in addition to the twelve (12) week FMLA entitlement for qualifying conditions/exigencies.
Any updates or revisions to the Family and Medical Leave Act made by the U.S. Government which are not (yet) reflected in a revised version of this policy will be followed by the Copiah-Jefferson Regional Library. (For updates and more detail see U.S. Dept. of Labor. Family and Medical Leave Act - Overview at: http://www.dol.gov/esa/whd/fmla/. All new and/or updated forms may be found at http://www.dol.gov/libraryforms/.)
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