Guidelines for Bereavement Practices

1. All employees are entitled to three working days of bereavement leave, with pay, for a death in the family to be used to attend to personal business including funeral services. This leave must be taken within a 10-day period after death. Bereavement leave is available for use following the death of the employee’s spouse or partner, the employee’s child, the employee’s spouse’s or the partner’s child, parent, stepparent, brother, sister, grandparent, or grandchild.
2. The College may recognize the death of an employee or a member of their immediate family with an official notice by email to the campus faculty and staff. The department chairperson or department/division manager head should email the President’s Office, the appropriate Dean/Vice President, and the Human Resources office with notification of the family member’s death and funeral arrangements if available. If requested by the employee, the campus should then be notified by email.
3. Spending levels from division or department budgets for gifts to the bereaved family for tangible items such as food, flowers, or memorial gifts to Rhodes should not exceed $75 per item or $150 in total. Memorial gifts to Rhodes may include a donation to the college′s library, scholarship fund or other programs at Rhodes in memory of the deceased. Memorials to other nonprofits are not allowed from Rhodes funds due to the College’s tax-exempt status.
4. Cash memorials from college funds cannot be made to other non-profit organizations. Gifts to these organizations should be by personal donation only.

Purposes of Leave. Unpaid leave under the Family and Medical Leave Act (“FMLA”) can be taken (1) for the birth of a child; (2) for the placement of a child with the employee for adoption or foster care; (3) where the employee is needed to care for a spouse, child, or parent with a serious health condition; and (4) for the employee’s own serious health condition that causes the employee to be unable to perform the essential functions of their job; (5) for a qualifying exigency arising out of the fact that an employee’s spouse, child or parent is on or has been called to active military duty in support of a contingency operation; or (6) if the employee is the son, spouse, daughter, parent, or next of kin caring for a military service member recovering from a serious injury or illness suffered while on active duty in the Armed Forces.

Amount of Leave. The Family and Medical Leave Act entitles eligible employees to an unpaid leave of absence of up to twelve (12) weeks during any twelve-month period (measuring backwards from the date the employee last used family and medical leave) where the leave is for placement of a child with the employee for foster care, for the employee’s own serious health condition, for the serious health condition of a family member, or for a qualifying exigency arising out of the fact that a spouse, son, daughter or parent of an employee is on or has been called to active military duty in support of a contingency operation.

Employees are entitled to up to a total of 26 weeks of leave during any single 12 month period (measuring forward from the date the employee’s first FMLA leave) to care for a covered service member if the employee is the son, spouse, daughter, parent, or next of kin caring for a military service member recovering from a serious injury or illness suffered while on active duty in the armed forces. An eligible employee is entitled to a combined total of 26 work weeks of leave for any FMLA-qualifying reason during this twelve-month period, no more than twelve weeks of which may be used for a qualifying reason other than service member caregiver leave.

Employees taking leave for the birth or adoption of a child are entitled to a four-month unpaid leave of absence during any twelve-month period (measuring backwards from the date the employee last used family and medical leave). 

Qualifications for Leave. In order to be entitled to FMLA leave, an employee must have been employed by the College for 12 months, working at least 1,250 hours during the 12-month period immediately preceding FMLA leave.

Serious Health Condition. A serious health condition is defined as an illness or injury involving inpatient care or continuing treatment by a health care provider. Continuing treatment includes one or more of the following:

• A period of incapacity of more than three (3) consecutive, full calendar days that also involves:
  • In-person treatment by a health care provider, nurse, physical therapist or similar provider two or more times within thirty (30) days of the first day of incapacity, with the first visit occurring within seven (7) days of the first day of incapacity; or
  • In-person treatment by a health care provider on at least one occasion within seven days of the first day of incapacity, which results in a regimen of continuing treatment.
• Any period of incapacity due to pregnancy or prenatal care;
• Any period of incapacity due to a chronic serious health condition that requires periodic visits at least two times per year by a health care provider;
• A period of incapacity which is permanent or long-term due to a condition for which treatment might not be effective; and 
• Any period of absence to receive multiple treatments such as surgery, chemotherapy, dialysis, physical therapy and the like.

Qualifying Exigency. Eligible employees may take FMLA leave while the employee’s spouse, son, daughter or parent is on active duty or call to active duty status in the Armed Forces, National Guard or Reserves for one of the following qualifying exigencies:

• To address any issues arising out of the short-notice deployment (seven calendar days or less prior to deployment) of a covered military member;
• To attend military events and related activities such as official ceremonies, family support programs and informational briefings related to the active duty or call to active duty status of a covered military member;
• To address childcare arrangements and certain College activities as a result of the active duty or call to active duty status of a covered military member;
• To make certain financial and legal arrangements as a result of the active duty or call to active duty status of a covered military member;
• To attend counseling for the employee, the covered military member or child of the covered military member, the need for which arises out of the active duty or call to active duty of the covered military member;
• To spend time with a covered military member who is on short-term, temporary rest and recuperation leave during the period of deployment;
• To participate in certain post-deployment activities such as arrival ceremonies or reintegration briefings for a period of 90 days following termination of the covered military member’s active duty status; and
• To address issues related to the death of a covered military member while on active duty status, such as meeting and recovering the body and making funeral arrangements.

In its discretion, the College may permit an employee to take FMLA leave for other activities arising out of the active duty or call to active duty status of a covered service member. Further information about the types of activities that would constitute a qualifying exigency can be obtained from the Human Resources Office.

Caregiver Leave for Service Members. Eligible employees are entitled to FMLA leave to care for a member of the Armed Forces, including the National Guard and Reserves, who has a serious injury or illness incurred in the line of duty on active duty for which they are undergoing medical treatment, recuperation, therapy or is otherwise in outpatient status or on the temporary disability retired list. This leave does not apply to service members on the permanent disability retired list. Veterans who were members of the Armed Forces during the five year period preceding the time the veteran seeks medical treatment or is undergoing recuperation or therapy are also considered covered service members. For purposes of this leave, a serious illness or injury is one (i) incurred in the line of duty on active duty that may render the service member medically unfit to perform their duties, or (ii) an injury or illness that occurred before active duty but was aggravated by service in the line of active duty. To be entitled to such leave, the eligible employee must be the spouse, son, daughter, parent or next of kin (nearest blood relative other than spouse, parent, son or daughter) of a covered service member.        

Spouse Rule. Spouses who both work for the College and are eligible for FMLA leave are entitled to a combined total of 12 weeks of leave in any twelve-month period if the leave taken is (1) for the placement of a child for foster care; or (2) to care for a parent with a serious health condition. If the leave is taken to care for a child with a serious health condition, the spouses may each take twelve weeks of FMLA leave.

If the leave is taken for the birth of a child or the placement of a child for adoption, spouses who both work for the College and are eligible for FMLA leave are entitled to a combined total of four months of leave during any twelve-month period. 

In the event that spouses who both work for the College are taking leave during a single twelve-month period to care for a covered service member with a serious injury or illness, they are limited to a combined total of 26 weeks of leave during that single twelve-month period if leave is taken for the birth of the employee’s child or to care for the child after birth, for placement of a child with the employee for adoption or foster care or to care for the child after placement, to care for the employee’s parent with a serious health condition, or to care for a covered service member with a serious injury or illness.

Intermittent or Reduced Schedule Leave. If medically necessary for the care of a seriously ill family member or the employee’s own serious health condition, leave may be taken intermittently or on a reduced schedule. The health care provider’s statement supporting such leave must specifically state that intermittent or reduced schedule leave is medically necessary. The employee seeking intermittent or reduced schedule leave must make reasonable efforts to schedule any planned medical treatment so as not to disrupt unduly the College’s operations. Employees are ordinarily expected to consult with the Human Resources Office prior to the scheduling of such treatment in order to work out a treatment schedule which best suits the needs of both the employee and the College. The College reserves the right to transfer an employee taking such leave for planned medical treatment to an alternative position, with equivalent pay and benefits, which better accommodates intermittent or reduced-schedule leave. 

Employee Notice. In order to take FMLA leave, the employee is required to give the College at least thirty (30) days advance notice if the need for the leave is foreseeable based on an expected birth, placement for adoption or foster care, planned medical treatment for the serious health condition of the employee or family member, or the planned medical treatment for the serious injury or illness of a covered service member. If the thirty-day notice cannot be given because of an unexpected change in circumstances, a medical emergency, or the like, notice must be given as soon as practicable, normally within the same day or within one business day of when the employee became aware of the need for FMLA leave. 

If the need for leave is not foreseeable, the employee should ordinarily provide the notice required by the College’s sick leave policy. Such notice must provide sufficient information for the College to determine whether the FMLA may apply to the leave request. Calling in “sick” without providing more information will not be considered sufficient notice to entitle an employee to FMLA leave. An employee giving notice for the leave must explain the reasons for the needed leave so as to allow the College to determine whether the leave qualifies as family and medical leave. Employees also have an obligation to respond to the College’s questions to determine if a leave request is FMLA-qualifying. If an employee fails to explain the reasons for the leave, or fails to respond to reasonable inquiries regarding the leave request, leave may be denied.

If the required notice is not given, the leave may be delayed or denied.

Medical or Other Certification. If the employee wishes to take FMLA leave to care for their seriously ill spouse, child or parent, to care for a covered service member with a serious illness or injury, or because of the employee’s own serious health condition, the employee must provide to the College a medical certification from the treating health care provider. This certification must be provided within fifteen (15) calendar days of the College’s request for such certification. The employee can obtain a form for this medical certification from the Benefits Services Manager. The College also reserves the right to obtain clarification or authentication of the medical certification and/or a second or third medical certification at the College’s expense as allowed by the FMLA. Periodic recertification may also be requested by the College in accordance with FMLA regulations. 

If an employee wishes to take FMLA leave for a qualified exigency, the employee must provide the College with a copy of the covered service member’s active duty orders or other appropriate documentation and a certification by the employee in a form that will be provided by the College. This certification must be provided within fifteen calendar days of the College’s request for such certification. 

If the certification provided is determined by the College to be incomplete or insufficient, the employee will have up to a maximum of seven (7) calendar days to cure any deficiency. Failure to provide complete and sufficient certification may lead to delay or denial of the leave request.

Substitution of Paid Leave. FMLA leave is unpaid. However, an employee must first substitute any applicable accrued paid leave available to them, such as parental leave, sick leave or vacation, to render a portion of the leave paid. Any remaining FMLA leave will be unpaid. All worker’s compensation leave, short-term disability, sick leave, parental leave and vacation leave will run concurrently with FMLA leave.

Continuation of Benefits. During the period of FMLA leave, group health insurance coverage will remain in effect for the employee. If paid leave is substituted as discussed above, the employee’s portion of the premium will be paid by payroll deduction as it normally is. If all or part of the leave is unpaid, then the employee must pay their portion of the premium as other premiums are paid by employees on leave without pay. If the employee’s portion of the premium is not paid in a timely manner, the employee’s group health insurance coverage may lapse during their FMLA leave. If the employee does not return to work after their FMLA leave, the College reserves the right to recover all group health insurance premiums paid by the College for the employee’s health insurance coverage unless the failure to return to work was for reasons beyond the employee’s control.

Benefit accruals, such as vacation or sick leave, will be suspended during the leave and will resume upon return to active employment.

Status Report. While the employee is on FMLA leave, they must report to their supervisor every two weeks on their status, including whether the employee intends to return to work and the date on which they will return to work if known. Employees should give at least two (2) business days’ notice of the date they will return to work.

Fitness for Duty Certification. If the employee has been on FMLA leave because of their own serious health condition, before the employee can return to work, they must provide a medical certification from their treating health care provider verifying that the employee is able to perform the essential functions of their job. If the employee does not provide this medical certification, they will not be permitted to return to work.

Return from Leave. When the employee returns from FMLA leave, they will be given the same job they had when they left or an equivalent job. However, if the employee is a key employee as defined in the FMLA (among the highest paid 10% of all employees within 75 miles of their worksite), the employee may be denied the right to return to the College under certain circumstances. If the employee does not return during or at the end of their FMLA leave, they may lose their right to be returned to their former job or an equivalent one.

Employees summoned for jury duty must notify and present the summons to their immediate supervisor as soon as it is received. Once the court excuses the employee from jury duty after three (3) or fewer hours of service, the employee will be required to report to work immediately (if during working hours) and notify their supervisor of their return.

A Rhodes employee who serves on jury duty will be compensated at their regular wage rate. Payments received from the courts for parking, etc. are retained by the employee.

Eligibility. Employees taking part in a variety of military duties are eligible for benefits under this policy. Such military duties include leaves of absence taken by members of the uniformed services, including Reservists, National Guard members for training, periods of active military service, and funeral honors duty, as well as time spent being examined to determine fitness to perform such service. Subject to certain exceptions under the applicable laws, these benefits are generally limited to five years of leave of absence.

Procedures for Taking Military Leave. Unless military necessity prevents it, or is otherwise impossible or unreasonable, employees should provide their supervisor with notice of the need for leave as far in advance as is reasonable under the circumstances. Written notice is preferred, but not required under the law or this policy. 
Additionally, it is preferred, but not required under the law or this policy, that the notice be accompanied by a copy of the order, directive, notice or other document requiring the work absence. Employees may choose to take leave without pay or to use accumulated vacation days during the leave.

Application for Re-Employment. An employee who has engaged in military service must, in order to be entitled to the re-employment, submit an application for re-employment according to the following schedule:

1. If service is less than 31 days (or for the purpose of taking an examination to determine fitness for service) – the employee must report for re-employment at the beginning of the first full regularly scheduled working period on the first calendar day following completion of service and the expiration of eight hours after a time for safe transportation back to the employee’s residence.
2. If service is for 31 days or more but less than 181 days – the employee must submit an application for re-employment with Human Resources no later than 14 days following the completion of service.
3. If service is over 180 days – the employee must submit an application for re-employment with Human Resources no later than 90 days following the completion of service.
4. If the employee is hospitalized or convalescing from a service-connected injury – the employee must submit an application for re-employment with Human Resources no later than two years following completion of service.

Documentation Necessary for Re-Employment. Employees who apply for re-employment following military service must provide their supervisor with military discharge documentation to establish the timeliness of the application for re-employment, the duration of the military service, and the honorable discharge from the military service.

Exceptions to Re-Employment. In addition to the employee’s failure to apply for re-employment in a timely manner, an employee is not entitled to reinstatement if any of the following conditions exist:

1. The College’s circumstances have so changed as to make re-employment impossible or unreasonable.
2. Re-employment would pose an undue hardship upon the College.
3. The employee’s employment prior to the military service was merely for a brief, non-recurrent period and there was no reasonable expectation that the employment would have continued indefinitely or for a significant period.
4. The employee did not receive an honorable discharge from military service.

Position upon Re-Employment. Upon an employee’s prompt application for re-employment (as defined above), an employee will be reinstated to employment in the following manner depending upon the employee’s period of military service:

1. Less than 91 days of military service – (i) in a position that the employee would have attained if employment had not been interrupted by military service; or (ii) if found not qualified for such position after reasonable efforts by the College, in the position in which the employee had been employed prior to military service.
2. More than 90 days and less than 5 years of military service – (i) in a position that the employee would have attained if employment had not been interrupted by military service or a position of like seniority, status and pay, the duties of which the employee is qualified to perform; or (ii) if proved not qualified after reasonable efforts by the College, in the position the employee left, or a position of like seniority, status and pay, the duties of which the employee is qualified to perform.
3. Employee with a service-connected disability – if after reasonable accommodation efforts by the employer, an employee with a service-connected disability is not qualified for employment in the position they would have attained or in the position that they left, the employee will be employed in (i) any other position of similar seniority, status and pay for which the employee is qualified or could become qualified with reasonable efforts by the College; or (ii) if no such position exists, in the nearest approximation consistent with the circumstances of the employee’s situation.

Benefits. While on leave, employees are entitled to participate in any rights and benefits not based on seniority that are available to employees on comparable nonmilitary leaves of absence, whether paid or unpaid, including those rights and benefits that become effective during their service and that are provided to similarly situated employees on furlough or leave of absence. Employees may be required to pay the employee cost, if any, of any funded benefit to the extent that other employees on leave of absence are so required.

Employees re-employed following military leave will receive seniority and other benefits determined by seniority that the employee had at the beginning of the military leave, plus any additional seniority and benefits the employee would have attained, with reasonable certainty, had the individual remained continuously employed.

When an employee has either exhausted or is not eligible for all other forms of leave, whether paid or unpaid, a personal leave of absence without pay may be granted for the following reasons: medical, disability, childcare, educational, personal issues, pregnancy, adoption, and care for a parent or spouse. A doctor’s certification may be requested.

Eligibility. Employees normally must work 20 hours a week or more (regardless of months per year) and have one year of service to be eligible for this benefit.

Benefit. A leave of absence without pay may be granted in up to 6-month increments (but not to exceed one year) at the discretion of the College with the approval of the employee’s supervisor, Dean/Vice President, and the Chief Human Resources Officer. Requests for a Personal Leave of Absence must be made a minimum of one month prior to the beginning of the leave.

Utilizing Benefit. All paid benefit time must be used before an unpaid leave begins. Any outstanding debts owed to the College must be paid before leave is granted. Sick leave and vacation leave will not accrue while an employee is on a leave of absence without pay.

Failure to return to work at the end of a leave of absence will be considered a resignation. Any employee who has been on leave of absence for over 180 days is terminated automatically, unless the leave is for any work related or non-work related disability, the employee remains unable to work due to the disability, and a reasonable accommodation can be made. Any employee who believes they need additional leave in excess of 180 days as a reasonable accommodation should contact the HR office as soon as possible so the College may consider whether it can grant the extension without causing undue hardship, or if another reasonable accommodation is available. Any termination under this policy is “no fault.”

The College, under ordinary circumstances, will keep the employee’s position open for the employee to reassume upon the termination of the leave. However, when the orderly functioning of the College requires replacement, the College may fill the position. In such cases, the College will make every effort to find an equivalent position for the employee elsewhere in the College.

Fringe benefits during an unpaid personal leave of absence may be continued if paid for by the employee. The employee would pay the entire cost (100%) of fringe benefits, unless qualified under the Family and Medical Leave Act (FMLA) (refer to the Family and Medical Leave Act policy) in which case employee will pay their employee portion of health benefits.

Requesting Leave of Absence. Employees wishing to request a personal Leave of Absence without pay should submit such a request in writing to Human Resources. The leave request must be dated, signed by the employee, and state the reason(s), circumstances, duration, and location of the employee during leave. The supervisor will submit the request to the Chief Human Resources Officer. The Chief Human Resources Officer will submit their recommendation to the appropriate Dean/Vice President, who will approve or disapprove the leave, and notify the employee through the supervisor. Extensions of an initial leave of absence must be requested in the same manner.

Should employees have any questions concerning the Leave of Absence Without Pay policy, please contact the Chief Human Resources Officer.

Eligibility. All full time staff are eligible for this benefit. Paid leave for illness for faculty members is discussed in the Faculty Handbook.

Benefit. Eligible employees earn short-term disability leave in proportion to their employment status (i.e. hours/week and months/year). An employee accumulates one month of short-term total disability leave for each full year’s service to the College up to the maximum allowable accumulation. No disability leave accumulates for a fraction of a year’s service. Sick leave and vacation leave will not accrue while employees are on short-term disability leave. Short-term disability leave will run concurrently with FMLA leave.

Maximum. The maximum allowable accumulation of short-term total disability leave will not exceed five months. For any individual employee the actual short-term total disability leave accumulation, when added to the employee’s available paid benefit time, will not exceed six months. Short-term total disability leave may not commence until all paid benefit time has been used, and eligibility has been approved.

Utilizing Benefit. For employees to become eligible for short-term total disability leave, a written statement from the physician certifying disability must be submitted to the Benefits Services Manager and approved by the Chief Human Resources Officer.

The College reserves the privilege of requiring a second medical opinion from a College-designated physician before approving disability benefits. Should the medical opinions of the employee’s physician and the College-designated physician concerning total disability differ, a third physician, chosen mutually by the employee and the College, will be asked to render an opinion. The majority opinion of the three physicians will be binding.

Short-term total disability leave may not commence until all paid benefit time has been used, and eligibility has been approved. Once a date of leave is established, the employee will be notified if they owe any outstanding debts to the College, and a plan to pay debts will be developed. If sick and vacation leave have been exhausted and eligibility is still pending, the employee will be on an unpaid leave status. If the disability is approved, the College will retroactively pay the employee for this unpaid leave. While an employee is on an unpaid leave, the employee will be responsible for the entire premium (100%) for benefits.

The College may require that the eligible employee provide status reports at least every thirty (30) days regarding the employee’s condition.

The College, when circumstances allow, will keep the employee’s position open for the employee to reassume upon the termination of the leave. However, when it becomes an undue hardship on the College to keep the position open and the orderly functioning of the College requires replacement, the College may fill the position once the employee has exhausted any applicable leaves of absence. In such cases, the College will make every effort to find an equivalent position for the employee elsewhere in the College.

Each time an employee utilizes short-term total disability leave; the total amount of the employee’s accrued short-term total disability leave time is reduced by the amount of short-term total disability leave utilized. Once short-term disability leave is exhausted, no further accumulation will occur. In addition, each time an employee utilizes short-term disability leave, the employee’s Family and Medical Leave Act (FMLA) benefits will begin and the total amount of the employee’s Family and Medical Leave Act (FMLA) benefits will be reduced by the amount of short-term disability leave utilized (refer to the Family and Medical Leave Act).

Leave after exhaustion of benefit. Should an employee anticipate the disability to extend longer than the eligible period of short-term total disability, a request for a leave of absence must be made to Human Resources (See Leave of Absence Without Pay Section). A covered employee who is totally disabled for more than six months may be eligible for certain benefits. Included in this coverage is the continuation of the employee’s medical benefit plan subject to COBRA limitations. Failure to request additional leave or to return to work at the end of a leave of absence will be considered a resignation. Any employee who believes that they need additional leave in excess of 180 days as a reasonable accommodation should contact the HR office as soon as possible so the College may consider whether it can grant the extension without causing undue hardship, or if another reasonable accommodation is available. 

Benefit upon Termination. As of the date of retirement, resignation, or termination of employment, the employee forfeits all accrued short-term total disability leave. Should the employee, again be employed by the College, they will receive no short-term total disability benefits due to prior service.

In cases in which an employee has been employed by the College for a definite period of time, ending at a specific date, short-term total disability leave will under no circumstances continue to pay the employee’s salary subsequent to the scheduled date of termination of employment.

Short-term total disability due to pregnancy is treated the same as any other type of short-term total disability for the purposes of this Short-Term Total Disability Leave Policy.

Please contact the Benefits Services Manager regarding any questions about this leave.