Lewisburg Area School District Policies	Printable version
435 Family and Medical Leaves 435. FAMILY AND MEDICAL LEAVES 1. Authority 29 U.S.C. Sec. 2601 et seq 29 CFR Part 825 The Board shall provide eligible administrative, professional and support employees with unpaid leaves of absence in accordance with the Family And Medical Leave Act, hereinafter referred to as FMLA. Employee requests for FMLA leave shall be processed in accordance with law and Board policy. 2. Delegation of Responsibility The district shall post, in conspicuous places in the district customarily used for notices to employees and applicants, a notice regarding the provisions of the FMLA and the procedure for filing a complaint. 29 U.S.C. Sec. 2619 Employee requests for leave, both FMLA and non-FMLA, shall be submitted in writing on a district form to the Superintendent. 3. Guidelines 29 U.S.C. Sec. 2611, 2612 Employees’ eligibility for FMLA leave shall be based on the criteria established by law. 29 U.S.C. Sec. 2612 Eligible employees shall be provided up to twelve (12) workweeks of unpaid leave in a twelve-month period for the employee’s own serious health condition; for the birth, adoption, foster placement or first-year care of a child; to care for a seriously ill spouse, child or parent; or to address specific qualifying exigencies pertaining to a member of the National Guard or Reserves. 29 U.S.C. Sec. 2612 Eligible employees shall be provided up to twenty-six (26) workweeks of unpaid leave in a single twelve-month period to care for an ill or injured covered service member. For purposes of determining whether an eligible employee under the FMLA has exhausted the twelve (12) months of leave in any twelve-month period, the district shall designate the fiscal year beginning July 1 and ending June 30 as the twelve-month period. 29 U.S.C. Sec. 2612 When an employee requests an FMLA leave and qualifies for and is entitled to any accrued paid sick, vacation, personal or family leave, the employee may utilize such paid leave during the FMLA leave. The purpose of the Family And Medical Leave Act (FMLA) is to enable employees to be absent from work for specific family and medical reasons without losing certain benefits for a designated number of workweeks. An employee on FMLA leave is prohibited from engaging in self-employment and in employment with another employer. Falsification of records and failure to correct records known to be false are violations of Board policy and these administrative regulations and will result in discipline, which may include termination of employment. Eligibility An employee who has been employed by the district for at least twelve (12) months is eligible for FMLA leave, provided the employee worked at least 1,250 hours in the twelve (12) months preceding the beginning of the leave. All the hours an employee works, including overtime, are considered hours worked. Paid leave time, such as vacations, sick leave, personal leave and holidays are not considered hours worked. Full-time instructional employees meet the minimum hours requirement. Reasons For Leave An eligible employee qualifies for FMLA leave for the following reasons: 1. Birth and first-year care of a child. 2. Adoption or foster placement of a child. 3. Serious illness of an employee’s spouse, child or parent. 4. Serious health condition that makes the employee unable to perform the essential functions of the employee’s job. 5. Qualifying exigency due to the fact that the employee’s spouse, child or parent is on active duty or has been notified of an impending call or order to active duty as a member of the National Guard or Reserves in support of a contingency operation. 6. Care of a spouse, child, parent or next of kin in the regular Armed Forces, National Guard or Reserves who is a covered service member undergoing medical treatment, recuperation or therapy; is otherwise in outpatient status; or is on the temporary disability retired list for a serious injury or illness incurred in the line of duty on active duty. Amount Of Leave An eligible employee may take up to twelve (12) workweeks of unpaid leave in a twelve-month period for the employee’s own serious health condition; for the birth, adoption, foster placement or first-year care of a child; to care for a seriously ill spouse, child or parent; or to address certain qualifying exigencies. An eligible employee may take up to twenty-six (26) workweeks of unpaid leave in a single twelve-month period to care for an ill or injured covered service member. Leave to care for an ill or injured covered service member, when combined with other qualifying leave under FMLA, will not exceed twenty-six (26) workweeks in a single twelve-month period. Spouses Employed By District A husband and wife employed by the district who are both eligible for FMLA leave will be limited to a combined total of twelve (12) workweeks per year when the leave is taken for the birth, adoption, foster placement or first-year care of a child or to care for a parent with a serious health condition. A husband and wife employed by the district who are both eligible for FMLA leave will be limited to a combined total of twenty-six (26) workweeks per year if the leave is taken to care for a covered service member or is taken as a combination of leave to care for a covered service member and leave for the birth, adoption or foster placement of a child; to care for a child after birth, adoption or foster placement; or to care for a parent with a serious health condition. If the FMLA leave taken by a husband and wife employed by the district includes a combination of leave taken for the birth, adoption or foster placement 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, the leave will be limited to twelve (12) workweeks per year. Intermittent/Reduced Schedule Leave An employee is eligible for intermittent or reduced schedule leave for the employee’s own serious health condition; to care for a seriously ill spouse, child or parent; to care for a seriously injured or ill covered service member; or for a qualifying exigency. Intermittent leave is taken in separate blocks of time due to a single illness or injury, rather than one (1) continuous period of time. Reduced schedule leave reduces an employee’s usual number of working hours per workweek or hours per workday. When an employee requests intermittent or reduced schedule leave that is foreseeable based on planned medical treatment, the district may temporarily transfer that employee to an available alternative position with equivalent pay and benefits that better accommodates the employee’s requested leave. Substitution Of Paid Leave An employee may elect or the district may require an employee to substitute any type of accrued paid leave for some or all the unpaid FMLA leave, in accordance with Board policy or a collective bargaining agreement. Birth/Adoption/Foster Placement Of Child An employee’s eligibility for leave for a birth, adoption, foster placement or first-year care of a child expires at the end of the twelve-month period beginning on the date of the birth, adoption or foster placement. If the necessity for leave is foreseeable based on an expected birth or placement, the employee will notify the district at least thirty (30) days prior to the beginning date of the leave. If the date of birth or placement requires leave to begin in less than thirty (30) days, the employee will provide notice as soon as practicable. An employee will be permitted to take intermittent or reduced schedule leave for the birth, adoption, foster placement or first-year care of a child only with Board approval. Serious Health Condition Of Employee An employee is eligible for leave for a serious health condition that is an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice or residential care facility or continuing treatment by a health care provider. If the necessity for leave is foreseeable based on planned medical treatment, the employee will make a reasonable effort to schedule treatment to minimize disruption of the operations of the school or district and will notify the district of his/her intention to take leave at least thirty (30) days prior to the beginning date of the leave. If the date of treatment requires leave to begin in less than thirty (30) days, the employee will provide notice as soon as practicable. If the necessity for leave is not foreseeable, the employee must follow the district’s established procedures for requesting leave. The district will require that a request for leave because of the employee’s own serious health condition be supported by a certification issued by the employee’s health care provider. The employee will provide the required certification in a timely manner. The certification must contain the following: 1. Date the serious health condition began. 2. Probable duration of the condition. 3. Appropriate medical facts regarding the condition. 4. Statement that the employee is unable to perform the essential functions of the employee’s job. When medically necessary, an employee is eligible to take intermittent or reduced schedule leave for planned medical treatment or because of a serious health condition. The required certification must contain a statement of the medical necessity for this type of leave, the expected treatment dates, and the expected duration of such treatments. Serious Health Condition Of Spouse/Child/Parent An employee is eligible for leave to care for a spouse, child or parent with a serious health condition that is an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice or residential care facility or continuing treatment by a health care provider. If the necessity for leave is foreseeable based on planned medical treatment, the employee will make a reasonable effort to schedule treatment to minimize disruption of the operations of the school or district and will notify the district of his/her intention to take leave at least thirty (30) days prior to the beginning date of the leave. If the date of treatment requires leave to begin in less than thirty (30) days, the employee will provide notice as soon as practicable. If the necessity for leave is not foreseeable, the employee must follow the district’s established procedures for requesting leave. The district will require that a request for leave to care for an employee’s spouse, child or parent with a serious health condition be supported by a certification issued by a health care provider for the family member with a serious health condition. The employee will provide the certification in a timely manner. The certification must include the following: 1. Date the serious health condition began. 2. Probable duration of the condition. 3. Appropriate medical facts regarding the condition. 4. Statement that the employee is needed to care for the family member. 5. Estimate of the amount of time the employee is needed to care for the family member. When medically necessary, an employee is eligible to take intermittent or reduced schedule leave for planned medical treatment for a serious health condition of a spouse, child or parent. The required certification must contain a statement of the medical necessity for this type of leave, the expected treatment dates, and the duration of such treatments. Qualifying Exigency - Active Duty/Call To Active Duty An employee will be eligible for leave because of a qualifying exigency due to the fact that the employee’s spouse, child or parent is on active duty or has been notified of an impending call to active duty. An employee may take FMLA leave for the following qualifying exigencies: 1. Short-notice deployment. 2. Military events and related activities. 3. Childcare and school activities. 4. Financial and legal arrangements. 5. Counseling. 6. Rest and recuperation. 7. Post-deployment activities. 8. Additional activities, agreed to by the district and the employee. If the necessity for leave is foreseeable, the employee will provide notice as soon as practicable. If the necessity for leave is not foreseeable, the employee must follow the district’s established procedures for requesting leave. The district may require that a request for leave because of a qualified exigency be supported by a certification. If the district requests a certification, the employee will provide it in a timely manner. The certification must contain the following: 1. Date the qualifying exigency began or will begin. 2. Probable duration and frequency of absence(s). 3. Statement of appropriate facts regarding the qualifying exigency. 4. If the exigency involves a meeting with a third party, the third party’s contact information and a description of the meeting. The employee should attach a copy of the covered service member’s active duty orders or other documentation from the military certifying that the covered service member is on active duty or has been notified of an impending call to active duty in support of a contingency operation to the certification. Military Caregiver - Care Of Covered Service Member An employee is eligible for leave to care for a current member of the Armed Forces, National Guard or Reserves who is undergoing medical treatment, recuperation or therapy; is otherwise in outpatient status; or is on the temporary disability retired list for a serious injury or illness incurred in the line of duty on active duty. If the necessity for leave is foreseeable based on planned medical treatment, the employee will make a reasonable effort to schedule treatment to minimize disruption of the operations of the school or district and will notify the district of his/her intention to take leave at least thirty (30) days prior to the beginning date of the leave. If the date of treatment requires leave to begin in less than thirty (30) days, the employee will provide notice as soon as practicable. If the necessity for leave is not foreseeable, the employee must follow the district’s established procedures for requesting leave. The district will require that a request for leave to care for a covered service member be supported by a certification signed by the service member’s health care provider. The employee will provide the required certification in a timely manner. The certification must contain the following: 1. Date the serious health condition, injury or illness began. 2. Probable duration of the condition. 3. Appropriate medical facts regarding the condition. 4. Estimate of the amount of time the service member will need care. When medically necessary, an employee is eligible to take intermittent or reduced schedule leave for planned medical treatment for a covered service member. The required certification must contain the expected treatment dates and the duration of such treatments. Instructional Employees Specific rules apply to instructional employees, in addition to Board policy and the administrative regulations covering all employees. Instructional employees are those whose principal function is to teach and instruct students in a class, a small group or an individual setting. Such employees include teachers, athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired. When an instructional employee requests intermittent leave or reduced schedule leave because of the employee’s own serious health condition, to care for a spouse, child or parent with a serious health condition, or to care for a covered service member with a serious illness or injury; the leave is foreseeable based on planned medical treatment; and the employee would be on leave for greater than twenty percent (20%) of the total number of working days in the period of leave, the district may require the employee to elect either of the following: 1. To take leave for periods of a particular duration, not to exceed the duration of the planned medical treatment. 2. To transfer temporarily to an available alternative position offered by the district for which the employee is qualified and has equivalent pay and benefits and better accommodates recurring periods of leave than does the employee’s regular position. When an instructional employee begins FMLA leave more than five (5) weeks before the end of an academic term, the district may require the employee to continue the leave until the end of the 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. When an instructional employee begins FMLA leave for a purpose other than the employee’s own serious health condition or qualifying exigency during the five-week period before the end of an academic term, the district may require the employee to continue the 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 the academic term. When an instructional employee begins FMLA leave for a purpose other than the employee’s own serious health condition or qualifying exigency during the three-week period before the end of an academic term, the district may require the employee to continue the leave until the end of an academic term if the leave is longer than five (5) working days in duration. When 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 will be counted against the FMLA leave entitlement. However, the district will continue the group health insurance coverage under the same conditions as if the employee were working. Employee Notice An employee must provide sufficient information regarding the requested FMLA leave, in order for the district to determine whether the leave qualifies for FMLA protections. The employee must specifically use the term FMLA leave if the requested leave is for an FMLA-qualifying reason for which the employee previously took FMLA leave. Employer Notice The district must notify the employee within five (5) business days of the employee’s request as to whether the leave will be protected under the FMLA or not. If the employee is eligible, the district will notify the employee of the following: 1. The employee’s rights and responsibilities. 2. The amount of leave that will be counted against the employee’s leave entitlement. 3. Whether or not the employee will have to submit a fitness-for-duty certification before returning to work. If the employee is not eligible for FMLA leave, the district will provide a reason for the ineligibility. Certification An employee must submit required certification within fifteen (15) days after receiving the district’s response to his/her request for leave, unless impracticable to do so. If an employee submits an incomplete or insufficient certification, the district will notify the employee in writing of any additional information necessary to make the certification complete and sufficient; and the employee has seven (7) days to cure the deficiency. The district may contact the health care provider for purposes of clarification and authentication, but the district may not request additional information beyond that required on the certification form. When the district questions the validity of a certification, the district may require, at district expense, a second opinion from a health care provider designated by the district who is not regularly employed by the district. When the second opinion differs from the original certification, the district may require, at district expense, a third opinion from a health care provider approved jointly by the district and the employee. The opinion of the third health care provider will be binding on the district and the employee. The district will not require second or third opinions on qualifying exigency certifications or military caregiver leave certifications. Recertification The district will request a recertification in the following situations: 1. Every six (6) months in connection with an absence for an ongoing condition. 2. Each leave year for a condition that lasts longer than one (1) year. 3. If the employee requests an extension of leave. The district will not require recertification for qualifying exigency leave or military caregiver leave. Benefits During Leave The district will maintain an employee’s health care coverage under the district’s group health insurance plan during FMLA leave, on the same terms as if the employee had continued to work. Prior to beginning FMLA leave, an employee must make arrangements with the district for payment of the employee’s share of health insurance costs. An employee on FMLA leave will not lose any other employment benefits accrued prior to the date the leave began. Return To Work An employee on FMLA leave must report his/her status and intention regarding returning to work at least every four (4) weeks. An employee returning to work must provide the district at least five (5) workdays’ notice of his/her date of return. When the FMLA leave is related to an employee’s own serious health condition, the district will require the employee to submit certification from the employee’s health care provider that the employee is able to return to work. An employee will be returned to the same or equivalent position at the end of the leave, unless the district demonstrates that the employee would not otherwise have been employed at the time reinstatement is requested. Under specific circumstances, the district may deny restoration to a key employee. A key employee is one who is among the highest paid ten percent (10%) of district employees and whose restoration would cause the district to experience a substantial and grievous economic injury. If an employee fails to return to work after FMLA leave for any reason other than the continuation, recurrence or onset of a serious health condition that entitles the employee to leave, or other circumstances beyond the employee’s control, the district will recover from the employee the premiums it paid to maintain the employee’s health care coverage during the leave. References: Family and Medical Leave Act – 29 U.S.C. Sec. 2601 et seq. Family and Medical Leave, Title 29, Code of Federal Regulations – 29 CFR Part 825 Board Policy – 813