Administrative Rules and Procedures to Implement Policy 410.03, 412.10
LEAVES (Family and Medical Leave Act)
A Entitlement to Unpaid Leave Under the FMLA.
1. Grounds for Leave. An eligible employee shall be entitled to a total of 12 work weeks of leave during a “rolling” twelve month-period, measured backward from the date of any FMLA usage for one or more of the following reasons:
a. The birth of a son or daughter of an employee;
b. The placement of a son or daughter with an employee for adoption or foster care;
c. To care for a spouse, son, daughter, or parent of an employee if such spouse, son, daughter, or parent has a serious health condition; and/or
d. A serious health condition that makes an employee unable to perform the functions of the position of such employee.
2. Expiration of Entitlement for Child Birth or Adoption. The entitlement to leave under subparagraph A.1.a (hereinafter “A.1.a.”) and A.1.b. (hereinafter “A.1.b.”) shall expire at the end
3. Intermittent or Reduced Leave.
a. Immediate Family or Employee Health Leave for Instructional Personnel. Subject to the following paragraph, in any case in which an eligible District employee, employed principally in an instructional capacity for the District, requests leave under subparagraph A.1.c. (hereinafter “A.1.c.”) or subparagraph A.1.d. (hereinafter “A.1.d.”) that is foreseeable based on planned medical treatment and the employee would be on leave for greater than 20% of the total number of working days in the period during which the leave would extend, the District may require that such employee elect either:
i. To take leave for periods of a particular duration, not to exceed the duration of the planned medical treatment; or
ii. To transfer temporarily to an available alternative position offered by the District for which employee is qualified and that: 1) Has equivalent pay and benefits; and 2) Better accommodates recurring periods of leave than the employee’s regular employment position.
b. Immediate Family (which shall mean spouse, son, daughter, or parent) or Employee Health for Non-instructional Personnel. Leave under A.1.c. or A.1.d. may be taken intermittently or on a reduced leave schedule when medically necessary. The taking of leave intermittently or on a reduced leave schedule pursuant to this paragraph shall not result in a reduction of the total leave to which the employee is entitled (12 weeks) beyond the amount of leave actually taken. If an employee requests intermittent leave, or leave on a reduced leave schedule, for immediate family or employee health under A.1.c. or A.1.d. that is foreseeable based on planned medical treatment, the District can require such employee to transfer temporarily to an available alternative position offered by the District for which the employee is qualified and that:
i. Has equivalent pay and benefits; and
ii. Better accommodates recurring periods of leave than the employee’s regular employment position. c. Birth or Adoption. Leave under A.1.a. or A.1.b. shall not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the District agree otherwise.
4. Effect of Paid Leave. If the District provides paid leave for fewer than 12 work weeks, the additional weeks of leave necessary to attain the 12 work weeks of leave required under this Rule will be provided without compensation.
The District shall require the employee to substitute any of the employee’s available business and emergency leave for leave provided under A.1.a., A.1.b., or A.1.c. for any part of the 12 week period for such leave.
The District shall require the employee to substitute any of the employee’s available business and emergency or sick leave for leave provided under A.1.a., A.1.c., or A.1.d. for any part of the 12 week period for such leave under such subsection, except nothing shall require the District to provide paid sick leave in any situation in which the District would not normally provide any such paid leave.
No extensions beyond the 12 weeks for any given “rolling 12 month period (as defined above) will be allowed without prior District approval. If an employee, however, uses paid leave under circumstances that are determined by the District not to qualify as FMLA leave, the leave will not count against the 12 weeks of FMLA leave to which the employee is entitled.
If any of the above provisions are subject to a collective bargaining agreement, the provisions of the collective bargaining agreement shall prevail.
Admin. Rules and Proced. – Polices #410.03, 412.10 Continured
B. Employee’s Notice Requirement for births or Adoptions
In any case in which the necessity for leave under A.1.a or A.1.b. is foreseeable based on an expected birth or placement, the employee shall provide the District Personnel Office with not less than 30 days notice before the date the leave is to begin of the employee’s intention to take leave, except that if the date of the birth or placement requires leave to begin in less than 30 days, the employee shall provide such notice as soon as is practicable.
C. Duties of District Personnel Involving Immediate Family or Employee’s Health
In any case in which the necessity for leave under subparagraphs A.1.c. or A.1.d. is foreseeable based on planned medical treatment, the employee:
1. Shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the District, subject to the approval of the health care provider of the employee or the health care provider of the son, daughter, spouse, or parent of the employee, as appropriate;
2. Shall provide the District Personnel Office with not less than 30 days’ notice, before the date the leave is to begin, of the employee’s intention to take leave under such subparagraph, except that if the date of such treatment requires leave to begin in less than 30 days, the employee shall provide such notice as soon as is practicable.
The District shall require that a request for leave under A.1.c. or A.1.d. be supported by a certification issued by the health care provider of the eligible employee or of the son, daughter, spouse, or parent of the employee, as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employer through the District Personnel Office on forms provided by the District.
1. Second Opinion. In any case in which the District has reason to doubt the validity of the certification provided for leave under A.1.c. or A.1.d., the District may require, at the expense of the District, that the eligible employee obtain the opinion of a second health care provider designated or approved by the District concerning any information certified above for such leave. A health care provider so designated by the District shall not be employed on a regular basis by the District.
2. Resolution of Conflicting Opinions. In any case in which the second opinion described above differs from the opinion of the original certification provided under this Rule, the District may require, at the expense of the District, that the employee obtain the opinion of a third health care provider designated or approved jointly by the District and the employee concerning the information so certified under this Rule. The opinion of the third health care provider concerning the information certified under this Rule shall be considered to be final and shall be binding on the District and the employee.
3. Subsequent Recertification. The District may require that the eligible employee obtain subsequent recertifications on a reasonable basis.
E. Spouses Employed by the District
In any case in which a husband and wife entitled to leave under this Rule are both employed by the District, the aggregate number of work weeks to which both may be entitled will be limited to 12 work weeks each during any 12 month period in which such leave is taken under subparagraphs A.1.a., A.1.b. or A.1.c.
F. Employment and benefits Protection
1. Restoration to Position. Except as otherwise provided, any eligible employee who takes leave under this Rule for the intended purpose of the leave shall be entitled, on return from such leave:
a. To be restored by the District to the position of employment held by the employee when the leave commenced; or
b. To be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. For purposes of determinations relating to restoration to an equivalent position, such determination shall be made on the basis of established District school board policies and practices and collective bargaining agreements.
2. Employment Benefits. The taking of leave shall not result in the loss of any employment benefits accrued prior to the date on which the leave commenced.
3. Limitations. Nothing in this section shall be construed to entitle any restored employee to:
a. The accrual of any seniority or employment benefits during any period of leave; or
b. Any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.
4. Periodic Reporting. The District may require an employee on leave under A.1.a. through A.1.d. to report periodically on the status and intention of the employee to return to work.
G. Maintenance of Health Benefits
1. Coverage. Except as provided in the next succeeding paragraph, during any period that an eligible employee takes leave under this Rule, the District shall maintain coverage under its group health plan for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave.
2. Failure to Return from Leave. The District may recover the premium that the District paid for maintaining coverage for the employee under such group health plan during any period of unpaid leave if:
a. The employee fails to return from leave and fulfill his/her contract under this Rule after the period of leave to which the employee is entitled has expired; and
b. The employee fails to return to work for a reason other than:
i. The continuation, recurrence, or onset of a serious health condition that entitles the employee to leave under A.1.c. or A.1.d.; or
ii. Other circumstances beyond the control of the employee.
3. Certification. For a claim made under preceding paragraph B.2.b.i., the District may require a timely certification by the treating health care provider on a form provided by the District to be submitted to the Personnel Office.
H. Rules Applicable to Periods near the Conclusion of an Academic Term The following rules shall apply with respect to periods of leave near the conclusion of the District’s academic term in the case of any eligible employee employed principally in an instructional capacity by the District:
1. Leave More than Five Weeks Prior to the End of Term. If the eligible employee begins leave under this rule more than 5 weeks prior to the endof the academic term, the District may require the employee to continue taking leave until the end of the term, if:
a. The leave is of at least 3 weeks duration; and
b. The return to employment would occur during the 3 week period before the end of such term.
2. Leave Less than Five Weeks prior to the end of Term. If the eligible employee begins leave under A.1.a., A.1.b., or A.1.c. of this rule during the period that commences 5 weeks prior to the end of the academic term, the District may require the employee to continue taking leave until the end of such term if:
a. The leave is of greater than 2 weeks duration; and
b. The return to employment would occur during the 2 week period before the end of such term.
3. Leave Less than Three Weeks Prior to the End of Term. If the eligible employee begins leave under A.1.a., A.1.b., or A.1.c. during the period that commences three weeks prior to the end of the academic term and the duration of the leave is greater than 5 working days, the District may require the employee to continue to take leave until the end of such term.
1. Academic Term shall mean either of the two (2) school semesters.
2. Eligible Employee shall mean an employee who has been employed by the District for at least 12 months and for at least 1250 hours of service with the District during the previous 12 month period.
3. Employment Benefits shall mean all benefits provided or made available to District employees, regardless of whether such benefits are provided by a District practice or written policy or through an employee benefit plan.
4. Health Care Provider shall mean a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the state in which the doctor practices or any other person determined by the Secretary of Labor to be capable of providing health care services.
5. Instructional Employees shall mean those whose principle function is to teach and instruct students in a class, small group, or on an individual basis. This term includes only teachers, but also athletic coaches, driving instructors, and special education assistants.
6. Parent shall mean the biological parent of an employee or an individual who stood in loco parentis (i.e., in the place of a parent) to an employee when the employee was a son or daughter.
7. Reduced Leave shall mean a leave schedule that reduces the usual number of hours per work week, or hours per work day, of an employee.
8. Serious Health Condition shall mean an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider.
9. Son or Daughter shall mean a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is under 18 years of age or who is 18 years of age; or older and incapable of self-care because of a mental or physical disability.
10. Spouse shall mean husband or wife.
11. Twelve month period shall mean a “rolling” twelve month-period, measured backward from the date of any FMLA usage.
Rule Proposed: June 18, 1996
Adopted: August 12, 1996
Revised: February 13, 2006
Revised: March 9, 2009