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Personnel Office and Human Resources

Family and Medical Leave Act (FMLA)



Family and Medical Leave Guidelines

Consistent with the federal Family and Medical and Leave Act of 1993, the Board of Education recognizes the right of eligible employees to unpaid family and medical leave for up to twelve (12) weeks during any 12 month period.  The Board shall ensure that all eligible employees who use such leave shall have their health benefits continued and shall be returned to an equivalent position according to established Board practices, policies and collective bargaining agreements.

To be eligible for family or medical leave an employee must have been employed for at least twelve (12)months and have worked at least 1,250 hours during the prior twelve months.   Eligibility for leave will also be calculated by the rolling period backward method.

Family leave shall be provided when a son or daughter is born to the employee or one is placed with the employee for adoption or foster care.  Such family leave is in addition to any leave for sickness or temporary disability because of pregnancy or childbirth.  Medical leave shall be provided in order for the employee to take care of a spouse, child, or parent who has a serious health condition or when the employee has a serious health condition rendering him/her unable to perform the functions of the employee’s job.

An employee may elect, or the District may require, an employee to use accrued paid vacation and/or personal leave for the purposes of a family leave.  An employee may elect, or the District may require, an employee to use accrued vacation, personal or sick leave for the purposes of a medical leave.  Sick leave may only be used for the employee's own personal illness, not that of a family member.

The employee shall notify the District in writing of his/her request for leave, if foreseeable, at least thirty (30) days prior to the date when the leave is to begin.  If such leave is not foreseeable then the employee shall give notice as is practical.  The District may require a certification from a health care provider if medical leave is requested.  When an employee returns following a leave, he/she must be returned to the same or equivalent position of employment.  The Superintendent of Schools or designee may reassign a teacher consistent with the teacher’s agreement to a different grade level, building or other assignment consistent with the employee’s certification and tenure area.

The District will ensure that the family and medical leave is consistent with the Family Medical Leave Act and is provided to all eligible employees.  The restrictions on leave taking for instructional employees will be followed.

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.