Administrative Rules and Procedures to Implement Policy 410.05, 412.12
FAMILY MILITARY LEAVE
If you are an employee who is otherwise eligible to take leave under the Family and Medical Leave Act (FMLA), you may be eligible for military family leave. There are two types of leave available.
Active Duty Leave
The district will grant leave for up to 12 weeks per year for “any qualifying exigency” arising out of 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 status, in support of a contingency operation. Qualifying exigency leave is available to a family member of a military member in the National Guard or Reserves; it does not extend to family members of military members in the Regular Armed Forces. Qualified exigencies include:
1. Short-notice deployment (7 or less calendar days prior to the date of deployment);
2. Military events and related activities (in advance of and during deployment, including family support or assistance programs and informational briefings);
3. Childcare and school activities (e.g. to arrange for alternative childcare, provide childcare on an urgent, immediate-need basis or to attend meetings out of school or daycare facility);
4. Financial and legal arrangements (e.g. to arrange for alternative childcare, provide childcare on an urgent, immediate-need basis or to attend meetings out of school or daycare facility);
5. Counseling (non-medical, for oneself, the servicemember or a child);
6. Rest and recuperation (up to 5 days for each);
7. Post-deployment activities (to attend ceremonies and briefings for a period of 90 days or to address issues arising from a service member’s death; and
8. Additional activities agreed to by the district and the employee.
Military Caregiver Leave
The district will grant military caregiver leave for up to 26 weeks in a single 12-month period to an eligible employee who is the spouse, son, daughter, parent or next of kin of a covered service member , who is recovering from a serious illness or injury sustained in the line of duty on active duty, in order to care for the service members. “Next of kin” is defined as the “nearest blood relative” of the service member. The term “serious illness or injury” is defined as one that renders the service member medically unfit to perform the duties of the member’s military position. The “covered service member” is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy; is otherwise in outpatient status; or is otherwise on the temporary disability retired list due to the injury or illness. You are entitled to this military caregivers leave intermittently or continuously, but only during “a single 12-month period.” If you take this military caregiver leave, any leave you have used of your 12-weeks allotment for other FMLA leave will be deducted from the 26-week period.
As with current certifications for other medical leave under the FMLA, the written certification should state; (1) the date on which the serious health condition commenced; (2) the probable duration of the condition; (3) the appropriate medical facts regarding the condition and its duration; and (4) that the covered service member is medically unfit to perform the duties of the member’s office, grade, rank or rating.
Application and Notice
If you desire a leave pursuant to these military leave provisions of the FMLA, you must follow similar procedures for application and notice of leave that are utilized by the district for other FMLA leave.
When the request is for “active duty leave” because of a qualifying exigency, you must submit an application advising why the leave is needed and you should provide notice as soon as reasonable and practicable.
If a request is for “military caregiver leave” and the leave is foreseeable, such as for a planned medical treatment, you must submit the application for leave not less than 30 days before the date the leave is to begin. You should attempt to schedule your leave so as not to disrupt operations. When the need for leave is not foreseeable, you must submit the application as far in advance of the date the leave is to begin as is practicable.
A leave pursuant to the military family leave provisions may be taken on an intermittent (rather than on an uninterrupted) basis or on a reduce schedule if medically necessary because of the health condition of the service member who is your spouse, child, parent, or next of kin.
Verification or Certification
When the application for leave is because of a qualifying exigency due to the service members S active duty, the application should state the nature of the relationship of the employee to the service members and you should attach to your application for leave verification of the service member’s call-up or active duty and the reason for the request. If not immediately available, you should provide the verification as soon as practicable. If you are unable to provide verification, the district my deny FMLA designation for the leave. However, the district retains the right, in its sole discretion, to designate any leave as FMLA leave retroactively upon receipt of verification.
When the application for leave is for military caregiver leave, the application should state the nature of the relationship of the employee to the service member and must have attached to it a written certification from the healthcare provider, including but not limited to the Department of Defense, for the injured service member. If not immediately available, the district may, in its sole discretion, permit an eligible employee to commence an FMLA leave; however, the employee must provide the required certification within five (5) business days or the district may deny FMLA designation to the leave. However, the district retains the right, in its sole discretion, to designate any leave as FMLA leave retroactively upon receipt of a certification.
Employees using family military leave under this policy and rule shall be subject to the Administrative Rules and Procedures applicable to Policy 410.03 and 412.10 to the extent those provisions are not inconsistent with this policy.
If an employee or an employee’s spouse are both employed by the district and both are taking leave because of a qualifying exigency and any of the other FMLA leave, both of you are entitled to a combined total of 12 weeks of leave, rather than 12 weeks each.
If an employee and an employee’s spouse are both employed by the district, and both are taking military caregiver leave and any other FMLA leave, both are entitled to a combined total of 26 weeks of leave, rather than 26 weeks each. Limitations of 12 weeks for any leave other than military caregiver leave are still valid.
Proposed: April 2009
Adopted: May 11, 2009