Palm Beach State College Board Policy

Title: Family Medical Leave

Policy Number: 6Hx-18-5.131

Legal Authority: 1001.64 FS,1001.65 FS

Date Adopted/Amended: Adopted 06/19/2001; Amended 05/12/2009, 02/16/2010, 6/2/2025*

1. In accordance with the Family Medical Leave Act of 1993 (FMLA) and amended by the National Defense Authorization Act, the College will grant up to 12 weeks of family medical leave to eligible employees within a 12-month period for the purposes outlined below:

To care for the employee’s child after the child’s birth or placement for adoption or foster care within a year of the child’s arrival,
To care for the employee’s spouse, parent, or child to age 26 (unless disabled and incapable of self-care) with a serious health condition, or
For the employee’s own serious health condition, or
Any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee who is a member of the National Guard, Reserve or an active-duty service member called to duty in support of a contingency operation.

The College will grant up to 26 weeks of leave to eligible employees within a 12-month period for the purpose of caring for a family member (spouse, son, daughter, parent or next of kin) for the following purposes:

An active-duty service member who is recovering from a serious illness or injury sustained in the line of duty.
A veteran who is undergoing medical treatment, recuperation or therapy for a serious injury or illness that occurred in the line of duty for five years preceding the date of treatment.

2. Employees are eligible if they have worked for the College for at least one year and have worked at least 1,250 hours during the past twelve months. Employees may use FMLA leave on a continuous or intermittent basis during the 12-month period. The College uses a “rolling” 12-month period that begins on the first date that the employee uses FMLA leave.

3. An employee ordinarily must provide 30 days advance notice of leave when the need for such leave is foreseeable. The College requires a medical certificate and may require additional opinions (at the College’s expense) to support an employee’s request for FMLA leave. When leave is requested for the employee’s own serious health condition, the employee must provide a fitness for duty report prior to returning to work.

4. When FMLA leave is requested to care for another person, the employee may be required to document the relationship to that person and the medical reason that necessitates the employee’s care.

5. For the duration of the leave, the College will continue to provide medical, dental, and life insurance coverage at the same level of contributions and benefits as before the leave. If the employee chooses not to return to work after expiration of FMLA leave, depending on the reasons, the College may require the employee to refund insurance premiums paid by the College during the period of leave.

6. Under the FMLA, a period of incapacity is defined as the inability to work, attend school, or perform other regular daily duties. Therefore, employees may not take classes under the Board Policy 6Hx-18-5.76 “Waiver of Tuition Fees for Employees and Their Eligible Dependents” or Board Policy 6Hx-18-5.88 “Four-Year College/University Tuition Reimbursement” while on an approved continuous leave for their own illness. These benefits will be available once the employee returns to work from the continuous FMLA leave.

7. FMLA leave usage will be concurrent with other paid leave. All paid leave must be used before unpaid leave is granted.

8. Failure to return from an approved leave of absence may result in termination in accordance with District Board of Trustees Policy 6Hx-18-5.44, “Grounds for Discipline and Termination of Employment.”

*Denotes a minor amendment made to this policy by the administration pursuant to 6Hx-18-1.041