Consistent with the federal Family and Medical Leave Act of 1993, the Board of Education shall provide a minimum of twelve (12) weeks of unpaid leave in a twelve (12) month period for its eligible employees. An eligible employee must have been employed for at least twelve months, have worked at least 1,250 hours during the prior twelve months, and be employed at a worksite where at least 50 employees are employed by that employer within a 75 mile radius of that worksite. In addition, FMLA provides eligible employees with 26 workweeks of unpaid leave in a single 12-month period to care for a covered service member with a serious illness or injury incurred in the line of duty.
Right to Benefits During Leave
An eligible employee is entitled to a combined total of twelve weeks of unpaid family and medical leave. Any employee who uses the unpaid leave shall have his/her health benefits continued during the leave, shall not have any previously accrued benefits altered and shall be returned to an equivalent position according to established Board policies and collective bargaining agreements. The employee is not entitled to accrue seniority during the leave.
An employee may elect, or the District may require, an employee to use available paid leave time for purposes of a family or medical leave. However, an employee may only use accrued medical/sick leave in accordance with the collective bargaining agreement.
Family and Medical Leave
Family leave is available when a child is born to the employee, adopted by an employee or one is placed with the employee for foster care. Medical leave is available in order for the employee to take care of a spouse, child, parent who has a serious health condition, when the employee has a serious health condition rendering him/her unable to perform the functions of the employee’s job. In addition, leave is available to care for an adult child who is incapable of selfcare due to a disability (regardless of date of the onset of disability) and has a serious health condition. The District will also grant military caregiver leave to an eligible employee who is a spouse, son, daughter, parent or next of kin of a covered service member with a serious injury or illness. Military caregiver leave is a special entitlement that allows the eligible employee to extend FMLA leave to 26 workweeks. The District may also grant leave for any “qualifying exigency” arising out of a service member’s active duty status, as defined by law.
A child shall include any individual whether biological, adopted, a foster child, a stepchild, a legal ward, or a child standing in loco parentis who is under eighteen years of age or, if over eighteen, is incapable of self-care due to a mental or physical disability. A parent shall include the biological parent of the employee or an individual who stood in loco parentis to the employee when he/she was a child. Furthermore, a serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.
Family leave must be taken within one year of the birth or placement of the employee’s child. If both spouses are employed by the District, the combined amount of leave for family leave or medical leave to care for a sick parent may be limited to twelve weeks. This limitation does not include medical leave to care for a child or spouse or for an employee’s personal medical/sick leave.
Notice to Take Leave
The employee shall notify the District of his/her request for family or medical leave at least 30 days prior to the date when the leave is to begin, when such leave is foreseeable. If such leave is not foreseeable then notice shall be given as early as is practical and must follow the District’s usual and customary call-in procedures for reporting an absence, unless extenuating circumstances arise. If the employee requests medical leave, reasonable attempts shall be made to schedule treatment so as not to disrupt the District’s operations. If an employee wishes to take leave to care for a covered service member or for a qualifying exigency, the employee shall give notice as soon as is reasonable and practicable.
Intermittent Leave
An employee who requests family leave, shall not be provided intermittent leave or a reduced leave schedule unless the employee and District mutually agree. Intermittent leave may be provided for medical leave, however, the District may transfer the employee to a comparable position if it will better accommodate such intermittent periods of leave. For instructional employees who request medical leave and it is foreseeable that the medical treatment shall cause the employee to be on leave for more than 20% of the total number of working days in the period of leave, the District may require the employee to take a block of time or to transfer to an equivalent position for which the employee is qualified, but which better accommodates intermittent periods of leave.
Military Caregiver Leave
The FMLA provides an employee who is the spouse, child, parent or next of kin of a covered service member up to twenty-six weeks of unpaid leave to care for the covered service member who is undergoing medical treatment, recuperation or therapy for a serious illness or injury. This includes caring for a covered veteran who is receiving medical treatment for a serious injury or illness that he/she either incurred, or that was aggravated, in the line of duty, whether it manifested before or after the veteran ceased his/her active duty. A covered veteran is defined as any veteran who was discharged for any reason other than dishonorably in the last five years.
Qualifying Exigency Leave
Up to twelve weeks of qualifying exigency leave will be provided to eligible employees whose spouse, child or parent serves in the Regular Armed Forces and is deployed to a foreign country, so that the employee can take care of various issues which may arise as a result of the deployment, such as making child care arrangements, or attending deployment ceremonies.
In addition, an eligible employee can take leave to care for the service member’s parent who is incapable of self-care where those activities arise from the service member’s deployment or impending deployment, such as transferring the parent to a care facility.
An eligible employee can also take up to fifteen days of unpaid leave while their family member is on Rest and Recuperation leave from the military.
Certification
The District may require the employee requesting medical leave to present a certification from the health care provider of the person for whom the employee is taking the leave. Upon request by the District, the employee must provide the certification within 15 days. The certificate shall include:
- the date on which the serious health condition commenced;
- the probable duration of the condition;
- the appropriate medical facts within the knowledge of the health care provider regarding the condition;
- a statement that the employee is needed to care for the family member and an estimate of the amount of time that such employee shall be needed or a statement that the employee is unable to perform the functions of the employee’s position; and
- the dates and duration of medical treatment if the request for intermittent leave is for a planned medical treatment.
If the District doubts the validity of the certification, then, at the District’s expense, a second opinion may be required from a health care provider selected by the District. The school physician cannot give this opinion. If the two opinions conflict, a third health care provider, at the District’s expense, may be chosen by the two parties to render a final opinion.
The School Board may require that a request for leave because of a qualified exigency arising from the fact that the employee’s spouse, son, daughter, or parent is on active duty or has been notified of an impending call to active duty be supported by a certification issued in accordance with regulations.
Fitness for Duty Certification
The District may require that certification from an employee’s healthcare provider specifically address the employee’s ability to perform the essential functions of the employee’s job and/or whether the employee may be able to return to work.
Restoration
An instructional employee who begins any type of leave at least five (5) weeks before the end of an academic term, may be required not to return until the new term begins if the leave is at least three (3) weeks long and the employee would return during the last three (3) weeks of the term.
An instructional employee who begins leave, for any purpose other than personal illness, less than three (3) weeks prior to the end of the term and the leave is longer than five (5) working days, may be required not to return until the new term begins.
Failure to Return
The District may recover the health care premiums paid during the leave if the employee fails to return from the leave. However, recovery cannot occur if the employee fails to return because of the continuation, recurrence, or onset of a serious health condition or due to circumstances beyond the control of the employee.
Effect on Existing Laws or Agreements
The Board shall ensure that family and medical leave, consistent with the Family and Medical Leave Act, is provided to all eligible employees, whether or not they are covered by a collective bargaining agreement. Any collective bargaining agreement which contains greater leave benefits than this policy shall remain in force.
Notice of Policy
The District shall post a notice prepared or approved by the Secretary of Labor stating the pertinent provisions of the Family and Medical Leave Act, including information concerning enforcement of the law.
Adoption date: September 11, 2000
Revised: January 12, 2009
Revised: June 8, 2009
Revised: February 10, 2014
Reviewed: November 27, 2017