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RSCC Policy PA-05-01; Family and Medical Leave

Roane State Community College
Policy Number: PA-05-01
Subject: Family and Medical Leave
  1. Purpose
    1. In compliance with the Family and Medical Leave Act of 1993, as amended (“FMLA” or “the Act”), it is the policy of Roane State Community College to provide eligible employees up to 12 workweeks of leave during a 12-month period for family or medical leave, or for a qualifying exigency, and up to 26 workweeks of leave for military caregiver leave during a 12-month period for reasons specified in TBR policy 5.01.01.14 Family, Medical, and Service Member Leave, to provide continued health insurance coverage during the leave period, and to ensure employee reinstatement to the same, or an equivalent position, following the leave period.
    2. A Roane State employee who is absent from work or will be absent from work for three consecutive days, or more, for a serious health condition must complete the RSCC Family and Medical Leave Request Form found on the Human Resources web page under ‘forms’, absent extenuating circumstances. You may contact the Director of Human Resources and the director will provide the employee with appropriate forms.
  2. Policy

    The following is the FMLA definition of "a serious health condition" and “period of incapacity”:
    1. Serious health condition means an illness, injury, impairment, or physical or mental condition involving any of the following:
      1. Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity; or,
      2. Continuing treatment by a Health Care Professional (HCP) which includes:
        1. A period of incapacity lasting more than three (3) consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also includes:
          1. treatment two (2) or more times by or under the supervision of a HCP (i.e., in-person visits, the first within seven (7) days and both within 30 days of the first day of incapacity); or,
          2. treatment on at least one occasion by a HCP (i.e., an in-person visit within seven (7) days of the first day of incapacity) with a continuing regimen of treatment (e.g. prescription medication, physical therapy).
        2. Any period of incapacity related to pregnancy or for prenatal care. A visit to the HCP is not necessary for each absence; or
        3. Any period of incapacity or treatment for a chronic serious health condition which continues over an extended period of time, requires periodic visits (at least twice a year) to a HCP, and may involve episodic rather than a continuing period of incapacity (e.g. asthma, diabetes, epilepsy, etc.). A visit to a HCP is not necessary for each absence; or
        4. A period of incapacity that is permanent or long term due to a condition for which treatment may not be effective (e.g. Alzheimer’s, severe stroke, or terminal stages of a disease). Only supervision by a HCP is required, rather than active treatment; or,
        5. Any absences to receive multiple treatments, including any period of recovery therefrom, for restorative surgery after an accident or other injury; or, for a condition that would likely result in a period of incapacity of more than three (3) days if not treated.
    2. Period of incapacity means an inability to work, attend school, or perform other regular daily activities due to the serious health condition, treatment, or recovery.
    3. Absences due to pregnancy, prenatal care, or chronic conditions as specified above, fall within FMLA even if no treatment from a HCP is received, and even if the absence does not last more than three (3) consecutive, full calendar days.

Furthermore, RSCC follows TBR Policy 5.01.01.14 which contains all of the rules and regulations regarding family, medical, and service member leave. Access the complete detailed TBR policy at https://policies.tbr.edu/.

Revision History: 06/04/2007, 03/12/2012
TBR Policy Reference: 5.01.01.14
Revision Date Effective: 11/07/2022
Revision Approval By: Christopher L. Whaley, President
Original Date Effective: 03/15/2001
Original Approval By: William S. Fuqua, III, Interim President
Office Responsible: Vice President for Business & Finance
Reviewed: 11/01/2022

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