File: GCBE
FAMILY AND MEDICAL LEAVE
Generally
The Buena Vista City School Board recognizes its obligation to provide its eligible employees with unpaid leave pursuant to the Family and Medical Leave Act, 29 U.S.C. § 2601, et seq. This policy describes the benefits available to eligible employees under the Act.
Definitions
Eligible employee: To be eligible for leave under this policy the employee must have at least twelve (12) months of service with the Buena Vista City school division and have worked at least 1250 hours according to the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., in the twelve (12) months preceding the commencement of the leave. Full-time teachers are deemed to meet the 1250 hour test.
Instructional employee: Employees whose principal function is to teach and instruct students in a class, a small group, or an individual setting such as teachers, athletic coaches, driving instructors, and special education assistants.
Serious health condition: A serious health condition is an illness, injury, impairment or condition that involves inpatient care or continuing treatment by a health care provider.
Year: A rolling 12-month period measured backward from the date an employee uses an FMLA leave.
Leave
Any eligible employee is entitled to leave for a combined total of twelve (12) weeks per year for the following situations:
1. The birth and care of a newborn child;
2. The adoption or foster placement of a child;
3. To care for an employee's spouse, parent, or child with a serious health condition; and
4. Because of a serious health condition that makes the employee unable to perform the essential functions of the employee’s job.
To the extent that an employee is entitled to compensated leave under other Buena Vista City school division policies, such paid leave shall be substituted for unpaid FMLA leave. Otherwise, family and medical leave is unpaid.
Employees on FMLA leave will be required to report their status and intention regarding Returning to work to the school division every four weeks.
Notice to Employees of Their Rights under the FMLA
The Buena Vista City school division shall post, in conspicuous places, on the premises of the employer where notices to employees and applicants for employment are customarily posted, a notice explaining the FMLA’s provisions and providing information about the procedure for filing complaints with the Department of Labor. Attachment 1 may be used as the notice.
Leave for the Birth, Adoption or Foster Placement of a Child
The employee’s entitlement to leave for a birth, adoption or foster placement of a child expires at the end of the twelve month period beginning on the date of the birth, adoption or foster placement. Leave taken for the birth, adoption or foster placement of a child may be taken intermittently or on a reduced leave schedule if the superintendent agrees to such an arrangement.
If the necessity for leave for the birth, adoption or foster placement of a child is foreseeable based on an expected birth or placement, the employee shall provide the employer with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to take leave. If the date of the birth or placement requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.
Serious Health Condition of Employee
Employees are entitled, when medically necessary, to take such leave on an intermittent or reduced leave schedule except as provided below.
If the necessity for leave is foreseeable based on planned medical treatment, the employee shall
(1) make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the division; and
(2) provide the division with at least 30 days' notice, before the date the leave is to begin, of the employee's intention to take leave. If the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.
The School Board may require that a request for leave because of the employee’s own serious health condition be supported by a certification issued by a health care provider of the employee, The employee shall provide a copy of such certification to the employer in a timely manner.
Certification will be sufficient if it states -
(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; and
(4) a statement that the employee is unable to perform the functions of his or her position.
If FMLA leave is to be taken on an intermittent or reduced leave schedule for planned medical treatment, the certification shall include the dates on which such treatment is expected to be given and the duration of such treatment.
If an employee takes leave on an intermittent or reduced leave schedule because of his or her own serious health condition, the certification shall include a statement of the medical necessity for the intermittent leave or leave on a reduced leave schedule, and the expected duration of the intermittent leave or reduced leave schedule.
Serious Health Condition of Child, Spouse, or Parent of Employee
Family and medical leave shall be provided when the employee is needed to care for his/her spouse, child or parent with a serious health condition, as defined above. Employees are entitled, when medically necessary, to take such leave on an intermittent or reduced leave schedule except as provided below.
If the necessity for leave is foreseeable based on planned medical treatment, the employee shall
(1) make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the division; and
(2) provide the division with at least 30 days' notice, before the date the leave is to begin, of the employee's intention to take leave. If the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.
The School Board may require that a request for leave to care for an employee’s spouse, parent, or child with a serious health condition be supported by a certification issued by a health care provider of the employee, or family member in need of care. The employee shall provide, in a timely manner, a copy of such certification to the employer.
Certification will be sufficient if it states -
(1) the date on which the serious health condition commenced;
(2) the probable duration of the condition; and
(3) the appropriate medical facts within the knowledge of the health care provider regarding the condition.
If FMLA leave is to be taken on an intermittent or reduced leave schedule for planned medical treatment, the certification shall include the dates on which such treatment is expected to be given and the duration of such treatment.
If an employee takes leave on an intermittent reduced leave schedule in order to care for a family member with a serious health condition, the certification shall include a statement that the employee's intermittent leave or leave on a reduced leave schedule is necessary for the care of the son, daughter, parent, or spouse who has a serious health condition, or will assist in their recovery, and the expected duration and schedule of the intermittent leave or reduced leave schedule.
Rules for Intermittent and Reduced Schedule Leave
When permitted by the FMLA, intermittent and reduced schedule leave may be used until the aggregate amount of such leave equals twelve weeks in the employee’s rolling year. However, when the employee requests intermittent or reduced schedule leave that is foreseeable based on planned medical treatment the school division may temporarily transfer the employee to an available alternative position with equivalent pay and benefits that better accommodates the employee’s intermittent or reduced schedule leave.
Instructional employees who need foreseeable intermittent or reduced schedule leave based on planned medical treatment for their own serious health condition or to care for a spouse, parent, or child with a serious health condition and the leave would be greater than twenty percent of the total number of working days over the period of leave may be required to take leave for a particular period or temporarily transfer to another position with equivalent pay and benefits.
Rules for Husband and Wife Employed by Buena Vista City School Division
A husband and wife who are both eligible for family and medical leave and are employed by Buena Vista City school division shall be granted family and medical leave only for a combined total of twelve weeks per year when the leave is taken for the birth, foster placement, or adoption of a child or to care for the child after birth, adoption, or foster placement and to care for a parent with a serious health condition.
Employee Notice of the Need for Leave
Employees must provide at least thirty days notice of the need for family and medical leave. If the need for the leave is not foreseeable, the employee or his/her designee must give notice within two work days of when the need becomes known. In requesting leave, employees shall not be required to use the words family and medical leave, but shall provide sufficient information to make the division aware of the need for the leave. The division shall inquire further of the employee if it necessary to determine whether family and medical leave applies.
Certification of the Need for Leave
The Buena Vista City school division may require, and the employee must provide, certification of the need for family and medical leave. Such certification shall be provided on the form provided by the division. Attachment 2 may be used for the certification.
The medical certification for the employee's personal illness must identify the nature of the illness, the date the illness began and the projected return-to-work date. For leave to care for a child, spouse, or parent, the medical certification must include an estimate of the amount of time the employee is needed to provide care. At the employer's discretion and expense, a second medical opinion may be required. Any dispute between the two opinions shall be resolved by the opinion of a third, jointly selected provider and paid for by the division. Any recertification requested by the employer shall be at the employee’s expense.
Benefits During Family and Medical Leave
Employees on family and medical leave shall receive the group health insurance plan coverage on the same conditions as coverage would have been provided if the employee had been working during the period of leave. Other benefits shall be provided according to Buena Vista City school division policy for paid or unpaid leave, whichever applies.
Return to Work
An employee on family and medical leave shall provide the division at least two work days’ notice of the intent to return to work. The employee shall be returned to the same or equivalent position at the end of the family and medical leave unless the division shows that the employee would not otherwise have been employed at the time reinstatement is requested.
The following return to work provisions apply to instructional employees:
1. If an instructional employee begins family and medical leave more than five (5) weeks before the end of an academic term, the employee may be required to continue taking leave until the end of an academic term if the leave is at least three (3) weeks in duration and the return to work would occur during the last three (3) weeks of the academic term.
2. If an instructional employee begins family and medical leave for a purpose other than the employee's own serious health condition during the five (5) week period before the end of an academic term, the employee may be required to continue taking leave until the end of the academic term if the leave is longer than two (2) weeks in duration and the return to work would occur during the last two (2) weeks of an academic term.
3. If an instructional employee begins family and medical leave for a purpose other than the employee's own serious health condition during the three (3) week period before the end of an academic term, the employee may be required to continue taking leave until the end of an academic term if the leave is longer than five (5) working days in duration.
If an instructional employee is required to continue leave until the end of an academic term, only the period of leave until the employee is ready and able to return to work shall be counted against the twelve week family and medical leave entitlement. However, the division must continue the group health insurance coverage under the same conditions as if the employee were working.
Outside Employment
An employee who is on family and medical leave may not engage in employment for any other employer or self-employment while on leave. Falsification of records and failure to correct records known to be false are violations of this policy and will result in discipline which may include termination from employment
Adopted: 08/23/04
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Legal Ref.: 29 U.S.C. §§ 207, 2601 et seq.
29 CFR 825.110, 825.600.
Cross Refs: GCBD Professional Staff Leaves and Absences
GDBD Support Staff Leaves and Absences
© 5/04 VSBA
ATTACHMENTS
Attachment 1 “Your Rights under the FMLA of 1993”
Notice to be posted of employee rights under FMLA.
Attachment 2 “Certification of Health Care Provider”
If requested, employee must have his/her health care provider complete this form and return it to the school division.
Attachment 3 “Employer Response to Employee Request for Family or Medical Leave”
After receiving a request for leave from an employee, the school division must complete this form and give it to the employee.
© 1/98 VSBA