EMPLOYEE RIGHTS TO FAMILY AND MEDICAL LEAVE 

Under the requirement of the Federal Family and Medical Leave Act of 1993 (FMLA), eligible employees of the Maine Technical College System (MCCS) are entitled to a maximum of 12 weeks of leave per year for qualifying family and medical reasons.

This entitlement to leave is incorporated in the Maine Technical College System Procedures Manual located in the YCCC Business Office.

Employee rights provided by the MCCS procedure meet or exceed all requirements of state and federal law.  A general notice of the MCCS FMLA procedure follows:

• Eligible employees are employees who have been employed in the MCCS for one year or more.

• Qualifying family and medical leave reasons are:

  - The birth and first-year care of a child;

  - The placement of a child for adoption or foster care; and 

  - The serious health condition of the employee or the employees’ immediate family.

• To determine and/or verify qualifying uses, the employing department may require eligible employees to provide medical statements, medical statements updates, employee certifications of leave reason and, for returns from serious health condition leaves, “fitness to return to duty” reports. (See FORMS for FMLA Certification Form)

• Employees must use available paid vacation, sick leave, compensatory time or personal leave for family and medical leave purposes.

• The share of the employee’s health and dental insurance that is paid by the MCCS must be continued for all FMLA leaves, paid and unpaid, under the MCCS procedure.  Employees on unpaid FMLA leave may continue life insurance coverage through the Maine State Retirement

• Employees who take family and medical leave under the MCCS FMLA procedure have return rights to their position (or an equivalent position, if available) and benefits must be restored to the level in effect immediately prior to this leave.

• Employees must give the employing college 30 days of advance notice for all foreseeable leaves under the MCCS FMLA procedure unless circumstances warrant or prevent lesser notification.

• The employing college must not interfere with, restrain or deny employee rights to family and medical leave under MCCS FMLA procedures or discriminate against any employee who files a complaint or grievance under this policy.

Employees who have a dispute or grievance under the MCCS FMLA procedure may contact the US Department of Labor, Wage and Hour Division, for grievances that result from alleged violation of the Federal Family and Medical Leave Act (consult telephone directory).  Grievances or disputes concerning any part of the MCCS FMLA procedure that is not protected by the act may be addressed to the Director of Human Resources.

Revision Date:  8/1/01