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EASTON AREA
SCHOOL DISTRICT
No. 335
SECTION:
ADMINISTRATIVE
EMPLOYEES
TITLE:
FAMILY AND MEDICAL
LEAVE
ADOPTED:
March 28, 1994
REVISED:
August 17, 2006
May 27, 2010
335. FAMILY AND MEDICAL LEAVE
1.
Purpose
29 U.S.C.
Sec. 2601 et seq
In accordance with the Family and Medical Leave Act of 1993 (The FMLA) and as
amended by Section 585 of the National Defense Authorization Act for F.Y. 2008
and Section 565 of the National Defense Authorization Act for F.Y. 2010, the
Easton Area School District affords its eligible employees leave (FMLA Leave) as
set forth in this policy.
2. Eligibility
All employees who have been with the district for at least twelve (12) months and
have worked at least 1,250 hours within the previous work year (July 1 to June 30)
are eligible for family and/or medical leave of absence. Part-time employees who
have been with the district for at least twelve (12) months and have worked at least
900 hours within the previous work year are also eligible.
3. Guidelines
29 U.S.C.
Sec. 2611, 2612
Eligible employees may take up to twelve (12) weeks of unpaid leave in any twelve
(12) month period under four (4) circumstances that are critical to the life of a
family. Leave may be taken:
1.
Upon the birth of the employee's child or in order to care for such child.
2.
Upon the placement of a child with the employee for adoption or foster care.
3.
When the employee is needed to care for a child, spouse, or parent who has a
serious health condition.
29 U.S.C.
Sec. 2612
4.
When the employee is unable to perform the function of his/her position because
of a serious health condition.
Employees on leave to care for a covered service member shall be provided up to
twenty-six (26) weeks of leave in a twelve-month period.
FMLA permits a “spouse, son, daughter, parent, or next of kin” to take up to twenty-
six (26) weeks of unpaid leave in one (1) year to care for a “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 for a serious injury or illness.”
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FMLA permits up to twenty-six (26) weeks of unpaid leave in one (1) year to family
members (spouse, son, daughter, parent, or next of kin) of veterans for up to five (5)
years after a veteran leaves service if he or she develops a service-related injury or
illness incurred or aggravated while on active duty.
FMLA provides up to twelve (12) weeks of unpaid, job-protected leave per year
because of a “qualifying exigency arising from the fact that the spouse, son,
daughter, or parent of an employee is on active duty or has been notified of an
impending call or order to active duty.”
4. Definitions
Serious Health Condition is defined as an illness, injury, impairment or mental
condition involving either in-patient care or continuing treatment by a health care
provider for a chronic or long-term condition.
Health Care Providers include doctors of medicine, osteopathy or any other person
determined by the Secretary of Labor to be capable of providing health care services.
Employment Benefits include all fringe benefits provided or made available by the
district, including group life insurance, health insurance and sick leave.
Parent means the biological parent or an individual who stood in loco parentis to an
employee when the employee was a child.
Child means a biological, adopted or foster child, a stepchild, a legal ward or a child
of a person standing in loco parentis who is under eighteen (18) years of age or
eighteen (18) years of age or older and incapable of self-care because of a mental or
physical disability.
Spouse means a husband or wife.
Twelve-Month Period means July 1 to June 30.
Return to Service means that the employee is able to return to active employment
and shall be returned to the same or an equivalent position with equivalent employee
benefits and compensation and other conditions of employment.
Exception
If the employee on leave is a salaried employee and is among the highest paid ten
percent (10%) of district employees and keeping the job open for the employee
would result in substantial economic injury to the district, reinstatement to the
employee on leave can be denied. In this situation, however, the employee will be
given an opportunity to return to work.
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Equivalent means substantially the same but not exactly equal.
5. Requirements
The district will require medical certification to support a claim for leave for an
employee’s own serious health condition or to care for a seriously ill child, spouse,
or parent. For an employee’s own medical leave, the certification must include a
statement that the employee is unable to perform the functions of his/her position.
For leave to care for a seriously ill child, spouse or parent, the certification must
include an estimate of the amount of time the employee is needed to provide care.
In its discretion, the district may require a second medical opinion and periodic
recertifications at its own expense. If the first and second opinions differ, the district,
at its own expense, may require the binding opinion of a third health care provider.
The leave shall commence as soon as the employee has proven his/her eligibility
based on the qualifying event. The Board requires that the employee must use all
earned sick (if requesting Family Medical Leave for yourself), personal, emergency,
family, and vacation days, (optional).
The employee 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 child, spouse, or parent of
the employee, as appropriate. A thirty (30) day notice before the date the leave is to
begin shall be provided where practicable.
Leave may be taken on an intermittent schedule if medically necessary for a serious
health condition of the employee or his/her spouse, child, or parent. If leave is
requested on this basis, however, the district may require the employee to transfer
temporarily to an alternative position which better accommodates recurring periods
of absence or a part-time schedule, provided that the position has equivalent pay and
benefits, but not equivalent duties.
Spouses who are both employed by the district are entitled to a total of twelve (12)
weeks of leave (rather than twelve (12) weeks each) for the birth or adoption of a
child or for the care of a sick parent.
The district will maintain the employee’s health coverage under any group health
plan during the leave on the same terms as if the employee continued to work.
An employee who is granted an approved leave of absence under this policy is
advised to provide for the retention of his/her group insurance coverages by
arranging to pay his/her portion of the premium contributions (co-pay) during the
period of unpaid absence.
In the event that an employee elects not to return to work (excluding retirement)
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upon completion of an approved unpaid leave of absence, the district may terminate
their employment and recover from the employee the cost of any district payments
made to maintain the employee’s coverage, unless the failure to return to work was
for reasons beyond the employee’s control. Benefit entitlements based upon length
of service will be calculated as of the last paid workday prior to the start of the leave
of absence.
Instructional Employees
Leave taken near the end of an academic term (or half year).
The district may require the instructional employee to continue his/her leave to the
end of the term if:
1.
The leave begins more than five (5) weeks before the term’s end, will last at least
three (3) weeks, and the employee would return to work within three (3) weeks
of the end of the term.
2.
The leave is for a purpose other than the employee’s serious health condition,
begins during the five (5) week period before semester’s end, will last more than
two (2) weeks, and the employee would return during the two (2) week period
before the end of the term.
3.
The leave is for a purpose other than the employee’s own serious health
condition, begins during the three (3) week period before the end of the term,
and will last more than five (5) days.
The entire period of leave taken counts as FMLA leave. However, if the annual
FMLA leave entitlement of an employee who is required to take leave until the end
of an academic term ends before the leave is completed, the district will still
maintain health benefits, reinstate the employee and provide other FMLA
entitlements when the leave ends.
Procedure
Any employee requesting a leave under this policy must complete a request for
Family and Medical Leave of Absence Form and submit it to the Human Resource
Office.
The form should be submitted thirty (30) days in advance of the effective date of the
leave. All requests for Family and Medical Leave of Absence due to illness shall
include the following sufficient medical certification attached to a completed
Request for Family and Medical Leave of Absence Form starting:
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1.
The date on which the serious health condition commenced.
2.
The probable duration of the condition.
3.
The appropriate medical facts within the knowledge of the health care provider
regarding the condition.
In addition, for purposes of leave to care for a child, spouse, or parent, the
certifications should give an estimate of the amount of time that the employee needs
to provide such care.
For purposes of leave for an employee’s illness, the certificate must state that the
employee is unable to perform the functions of his/her position (Medical Release
Form).
In the case of certification for intermittent leave for planned medical treatment, the
dates on which such treatment is expected to be given and the duration of such
treatment must be stated.