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9022 - Family and Medical Leave Act

9022 - Family and Medical Leave Act

The Board of Education, in accordance with the Family and Medical Leave Act of 1993 (FMLA), gives "eligible" employees of the district the right to take unpaid leave for a period of up to 12 workweeks in a 12-month period as determined by the district. The district will compute the 12-month period according to the following time frame: a "rolling" 12-month period will be used that is measured backward from the date an employee uses an FMLA leave.

Employees are "eligible" if they have been employed by the District for at least 12 months and for at least 1,250 hours of service during the pervious 12-month period; and if there are 50 employees within a 75-mile radius. Full-time teachers are deemed to meet the 1,250 hour test. The law covers both full-time and part-time employees.

Qualified employees may be granted leave for one or more of the following reasons:

  1. The birth of a child and care for the infant;
  2. Adoption of a child and care for the infant;
  3. The placement with the employee of a child in foster care;
  4. To care for a spouse, child or parent who has a serious health condition as defined by the FMLA;
  5. A serious health condition of the employee, as defined by the FMLA, that prevents the employee from performing his or her job.
  6. Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter or parent is a covered military member on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation.
  7. To care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent or next-of-kin of the service member for a total of 26 work weeks during a single twelve-month period.

At the Board of Education's or employee's option, certain types of paid leave may be substituted for unpaid leave. The paid leave would then run concurrently with the unpaid FMLA leave.

An employee on FMLA leave is also entitled to have health benefits maintained while on leave. If an employee was paying all or part of the premium payments prior to leave, the employee will continue to pay his/her share during the leave period.

In most instances, an employee has a right to return to the same position or an equivalent position with equivalent pay, benefits and working conditions at the conclusion of the leave.

The Board of Education has a right to 30 days advance notice from the employee where practicable. In addition, the Board may require an employee to submit certification from a health care provider to substantiate that the leave is due to the serious health condition of the employee or the employee's immediate family member. Failure to comply with these requirements may result in the denial of FMLA leave. The Board may also require that an employee present a certification of fitness to return to work when the absence was caused by the employee's serious health condition. The Board of Education has the right to deny restoration to employment if the employee does not furnish the certificate of fitness.

A notice which explains the FMLA's provisions and provides information concerning the procedures for filing complaints of violations of the FMLA shall be posted in each school building.

Administration shall utilize as regulations the Family and Medical Leave Act of 1993 Guidance Document.

Family and Medical Leave Act of 1993
Public Law 103-3
29 Code of Federal Regulations (CFR) Part 825

Adopted by the Board of Education: February 9, 2010