EFFECTIVE: August 5, 1993
RETITLED: September 14, 2000
RETITLED: August 25, 2001
RETITLED: January 28, 2008
REVISED: July 1, 2019
REFERENCE: Board Policy on Employee Benefits, BP 3-60, Family and Medical Leave Act of 1993
/ Joseph A. Garcia /
Joseph A. Garcia, Chancellor
This procedure applies to all non-classified employees as defined in Board Policy 3-10, Administration of Personnel. The procedure for Classified employees is defined by the State of Colorado Department of Personnel Board Rules and Personnel Director’s Administrative Procedures.
In accordance with the Family and Medical Leave Act of 1993 (FMLA), the Colorado Community College System (CCCS) shall grant eligible employees up to 12 weeks of unpaid, job-protected leave during a 12-month period for the following reasons:
An eligible employee who is a covered service member’s partner, child, parent, or next of kin may take up to 26 weeks of FMLA leave in a 12-month period to care for the service member with a serious injury or illness.
Employees must have been employed within CCCS for at least 12 months and worked at least 1,250 hours in the 12 months prior to taking leave to be eligible for FMLA leave. Because CCCS is one employer, service across the Colleges and System office shall apply toward eligibility.
Spouses and eligible partners who are both employed by CCCS are limited to 12 total weeks of FMLA leave unless the leave is for a seriously ill partner or child, the employee’s own serious illness, or the birth or a child or placement of a child for adoption or foster care in the employee’s home.
Whenever possible, employees must provide 30 days’ notice to the College or System office of foreseeable FMLA leave. When an employee is not able to provide 30 days’ notice, she/he must notify the College or System office as soon as possible according to the applicable College or System office leave usage procedures. Employees must provide enough information to the College or System office to determine eligibility for FMLA leave. The College or System office may require certification or periodic re-certification to verify eligibility.
Employees shall use sick and annual leave, according to Board Policy 3-60, before being eligible for unpaid FMLA leave. All paid leave used by the employee will run concurrently with FMLA leave. If justified under the provided certification and requested, intermittent leave or a reduced work schedule may be approved. The College or System office may temporarily transfer an employee who is on approved FMLA leave to an available alternative position with equivalent pay and benefits if it better accommodates the reduced work schedule.
The College or System office shall continue group insurance coverage by continuing to pay the employer portion of premiums for plans in which the employee is enrolled. Employees shall be required to pay their portion of the premiums by established deadlines, subject to any SBCCOE Benefit Plan restrictions.
Upon return from FMLA leave, the employee shall be returned to the same or a comparable position.
CCCS reserves the right to change any provisions or requirements of this procedure at any time and the change shall become effective immediately.