FAMILY AND MEDICAL LEAVE

 

REASONS - In compliance with the Family and Medical Leave Act of 1993 and under procedures developed by the Superintendent, leave shall be granted to eligible employees for the following reasons:

1.       To care for the employee’s child after birth, or placement of a child with the employee for adoption or foster care.

                  2.  To care for the employee’s spouse, child or parent who has a serious health condition, 

                       as defined by federal law; or

2.       For an employee’s own serious health condition, as defined by federal law, that makes  the employee unable to perform the employee’s job.

 

Employees requesting leave for any of the above reasons shall be notified that such leave qualifies for, and shall be counted towards, family and medical leave entitlement.  Requests for family and medical leave shall be made in writing.

 

The District shall designate an employee’s absence as paid or unpaid FML leave within two (2) business days of learning that an FMLA reason supports the leave and shall provide other written information required by law concerning the employee’s rights and obligations under the Family and Medical Leave Act.

 

ELIGIBILITY - Employees are eligible for up to twelve (12) work weeks of family and medical leave each school year, if they have been employed by the District for twelve months and have worked at least 1,250 hours during the twelve (12) months preceding the start of the leave.

 

In situations involving both the Americans with Disabilities Act (ADA) and FMLA, the District shall apply the law affording the employee greater benefit.

 

RESTRICTIONS - Paid leave used by the employee under this policy shall be subtracted from the twelve (12) workweeks to which the employee is entitled.  When the health condition of an employee or family member qualifies for use of sick leave, employees must use all sick leave before being eligible for unpaid family and medical leave, except that they may request to reserve ten (10) days of sick leave.  (This requirement shall not apply to employees taking workers’ compensation leave.)  However, when an employee’s work-related injury/medical state qualifies as a serious health condition, workers’ compensation leave shall be subtracted from the twelve (12) workweek entitlement.

 

Entitlement to family and medical leave for birth or placement of a child shall expire twelve (12) work weeks after the date of such birth or placement.

 

When both husband and wife are employed by the District, the combined amount of family and medical leave for reasons other than personal illness or illness of a child shall be limited to twelve (12) workweeks.   In cases of personal illness or illness of a child, each spouse is entitled to twelve (12) work weeks or family and medical leave.

 

Unused family and medical leave shall not accumulate from year to year.

 

INTERMITTENT LEAVE/REDUCED HOURS - Family and medical leave may be taken intermittently or on a reduced hours basis.

 

CONTINUATION OF BENEFITS - While on family and medical leave, employees shall be entitled to all employment benefits  accrued prior to the date on which the leave commenced.  The State shall continue to provide health insurance for employees on family and medical leave.  Other employment benefits and seniority shall not accrue during unpaid family and medical leave.

 

RETURN TO WORK - When family and medical leave is taken due to an employee’s own serious health condition, the employee shall provide fitness-for-duty certification before returning to work.

 

Upon return to work, the employee shall be entitled to his/her same position (or an equivalent position with equivalent pay) with corresponding benefits and other terms and conditions of employment.

 

NOTICE - The District shall notify employees of family and medical leave provisions by posting appropriate notices in a conspicuous place in the Central Office and each work site.

 

Reference:        Family and Medical Leave Act of 1993

                        Code of Federal Regulations, Title 29, Part 825

 

Related Policy:  03.123, 03.1232, 03.1233, 03.1234

 

Adopted/ Amended: 8/15/00

Order#:  23