The District and the Board shall provide family and medical leave to all eligible staff personnel pursuant to federal and state laws, specifically pursuant to the Family and Medical Leave Act (“FMLA” or the “Act”).
Unpaid family and medical leave will be granted up to twelve (12) weeks per year for qualifying leave to assist employees in balancing family and work life. For purposes of this policy, year is defined as a rolling twelve (12) month period measured backward from the date an employee uses any family and medical leave. Requests for family and medical leave will be made to the Superintendent.
Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave. Employee shall be required to complete all necessary Family and Medical Leave Act documentation prior to any leave being approved as family and medical leave. The required documentation shall be as outlined in this policy, and required by the Department of Labor. All documentation and forms shall be available in the administrative offices of each building. If the employee fails to complete and return all necessary Family and Medical Leave Act documentation, and the leave is such that would be covered as approved family and medical leave, administration may designate the leave as approved family and medical leave.
Employees shall provide thirty (30) days advance notice of their desire to use FMLA leave when its use is foreseeable. When not foreseeable, employees shall provide written notice as far in advance as is practical.
Employee requests for intermittent leave or a reduced workweek shall be permitted pursuant to the terms of the Act, subject to medical necessity or department head approval. Employees shall provide medical certification within fifteen (15) calendar days of a request for medical certification by the District.
The District may require or employees may request to run concurrently applicable paid leave during any family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.
The special rules applicable to instructional employees as set forth in C.F.R. Sections 825.600, 825.601, and 825.602 are applicable to District employees.
Pursuant to the Act, the District will ensure that the employee's health insurance benefit is maintained while the employee is on FMLA leave. Employees on unpaid FMLA leave which extends into the next calendar month shall pay to the district the amount of their health insurance premiums, if any, on or before the first payday of that month and each succeeding month during which the employee is on unpaid FMLA leave, unless an alternate, voluntary agreement between the district and the employee has been documented in writing. When said leave expires on a day other than the last day of a calendar month, the payment for that month will be prorated on a daily basis. In the event that an employee fails to return to work after the FMLA leave is exhausted the District will recover its cost for health insurance premiums in accordance with C.F.R. Section 825.213.
Upon return from FMLA leave, the employee shall be restored to the employee's former position or its equivalent.
The requirements stated in the Master Contract between employees in any collective bargaining unit, if applicable, and the board and/or district regarding family and medical leave of such employees and the requirements stated in any other contract, collective or individual, between any employees and the board and/or district regarding family and medical leave of such employees will be followed. This policy provision, as well as all policy provisions, concerning family and medical leave may be applied differently to classified, non-classified, licensed, non-licensed, and other classifications of employees.
It is the responsibility of the Superintendent to develop administrative rules to implement this policy.
*Adopted: 02/07/94
*Reviewed: 05/13/02
*Reviewed: 12/11/06
*Revised: 09/08/09
*Revised: 12/13/10
*Revised: 02/13/12
*Revised: 02/13/17
*Reviewed: 02/14/22