Family and Medical Leave Act

The Family and Medical Leave Act requires employers to provide up to 12 weeks of job-protected leave to “eligible” employees for certain family and medical reasons. The Austin Stone complies with the Family and Medical Leave Act.

ELIGIBILITY

The FMLA defines eligible employees as employees who: (1) have worked for the church for at least 12 months; (2) have worked for the church for at least 1,250 hours in the previous 12 months; and (3) work at or report to a worksite which has 50 or more employees or is within 75 miles of The Austin Stone worksites that taken together have a total of 50 or more employees. Eligible employees may take FMLA leave per rolling 12-month period based on the 12 months prior to the commencement of the leave.  An employee who takes leave under the provisions of the FMLA must comply with the notice requirements under the Act as well as other policies described herein.

TYPES OF FMLA LEAVE

An eligible employee may take up to twelve (12) weeks of unpaid leave during a rolling 12-month period for the following reasons:

•        Birth, Adoption or Foster Care:  for incapacity due to pregnancy, prenatal medical care; to care for the employee’s child after birth; or placement for adoption or foster care.

•        Employee’s Own Serious Health Condition:  a serious health condition as defined by the FMLA.

•        Family Member’s Serious Health Condition:  to care for the employee’s son, daughter, parent, or spouse who has a serious health condition.

•        Active Duty Exigency:  qualified exigencies arising out of the fact that the employee’s spouse, child, or parent is on, or has been notified of an impending call to, active duty with the National Guard or Reserves.

An eligible employee may take up to twenty-six (26) weeks of unpaid leave during a single 12-month period for the following reason:

•        Military Caregiver Leave: to care for a spouse, child, parent or next of kin who is a current member of the Armed Forces, including the National Guard or Reserves, who has a serious injury or illness incurred in the line of active duty or who is on the temporary disability retired list.  

During the single 12-month period during which leave is granted for Military Caregiver Leave, an employee shall only be entitled to a combined total of twenty-six (26) weeks of leave for both that Military Caregiver leave and FMLA leave taken during that period for any other reason.

INTERMITTENT OR REDUCED SCHEDULE LEAVE

In certain circumstances, employees may take FMLA leave intermittently (e.g. in blocks of time) or by reducing their work schedule.  In certain circumstances, The Austin Stone may temporarily assign an employee to an alternative position with equivalent pay rate and benefits that better accommodate the employee’s approved intermittent or reduced leave schedule.  When the need for intermittent or reduced schedule leave is foreseeable based on a planned medical treatment, the employee must make a reasonable effort to schedule the treatment.  

FMLA AND PAID TIME OFF

The Austin Stone provides employees with several forms of paid time off to use in offsetting unpaid FMLA. Employees may use paid vacation, ministry leave, sick days, and parental leave (where applicable) during an unpaid FMLA leave taken because of the employee’s own serious health condition or the serious health condition of a family member or to care for a newborn or newly placed child or to care for a seriously ill or injured family member in the military.  In addition, the employee may use any paid vacation and ministry leave (but not sick days) during FMLA leave taken or for a qualifying exigency arising out of a family member’s active duty or call to active duty status in support of a contingency operation.  In order to use paid leave for FMLA leave, employees must comply with The Austin Stone’s normal paid leave procedures found in its Vacation and Sick Leave policies.

PROCEDURES FOR REQUESTING FAMILY AND MEDICAL LEAVE

To request leave, the employee should notify Human Resources and obtain a "Request for Leave" form.  This form should be completed and forwarded to Human Resources.  An employee utilizing FMLA leave must give written notification and must provide the anticipated timing, duration, and reason for the leave.  When the need for Active Duty Exigency is foreseeable, the employee must provide his or her supervisor with such advance notice as is reasonable and practicable.  When the need for all other types of FMLA leave is foreseeable, an employee must provide his or her supervisor with at least 30 days notice of the need for FMLA leave.  When this is not practicable due to medical reasons or other warranted conditions, notice should be verbally provided within two business days of when the employee is aware of the need.  When the need for leave is foreseeable based on a planned medical treatment, the employee must make a reasonable effort to schedule the treatment so as not to unreasonably disrupt the operations of the department.  If an employee fails to give proper notice for foreseeable FMLA leave, the leave may be delayed until at least thirty (30) days after notice is provided.

CERTIFICATION

The Austin Stone may require employees to provide certification and/or recertification of the need for FMLA leave.  Such certifications may be required prior to FMLA leave approval or while on FMLA leave as allowed by law.  Failure to furnish appropriate certification within 15 days of request, unless not practicable under the circumstances, may result in leave denial.

BENEFITS WHILE ON FAMILY AND MEDICAL LEAVE

Benefits paid by The Austin Stone will remain in effect while an employee is on leave.

RETURNING FROM LEAVE

As provided by the FMLA, eligible employees who return from FMLA leave will be reinstated to the same job they left, or one with substantially equivalent benefits, pay and other terms and conditions of employment to the extent required by the FMLA. If the employee’s medical condition indicates the employee may be unable to perform an essential job function or presents a significant safety concern, a fitness-for-duty certification may be required and may be subject to further medical review. The consequences of not returning from leave when FMLA leave time expires include the loss of the potential right to job restoration.  

For additional information, please contact Human Resources.