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.