Board Policies

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335, 435, 535. FAMILY AND MEDICAL LEAVES

The purpose of this policy is to address specific leave of absence issues and to ensure the District's compliance with the Family Medical Leave Act, hereinafter referred to as FMLA.

A FMLA leave of absence is an approved temporary unpaid leave of absence, not to exceed twelve (12) weeks, initiated at the employee's request or as designated by the district based upon information furnished by the employee. Seniority will not be interrupted and benefits will be continued during the leave. However, the absence shall be without pay unless eligible employees use available personal, vacation or other paid leave days.

Employees may request leave:

• For the birth, adoption, or placement of a child in foster care;
• For their own serious health condition;
• To care for an immediate family member (spouse, child or parent) with a serious health condition.
  

If both husband and wife work for the District and each wishes to take leave for the birth of a child, adoption, or placement of a child in foster care, the husband and wife may only take a combined total of twelve (12) weeks of leave.

All terms used in this policy that are defined in the FMLA will have the same meaning as in the FMLA.

The Superintendent or designee shall develop administrative guidelines regulating leaves and ensuring the District's compliance with law. Although implementing the guidelines is the responsibility of the Superintendent, they must adhere to the basic principles of law.

Required notices shall be posted by the District.

Guides advising employees of their rights and responsibilities shall be developed and posted. The guides shall be given to employees upon request; whenever an employee requests an FMLA leave; and whenever the District designates a leave as an FMLA leave.

All requests for leave, both FMLA leave and non-FMLA leave, shall be made in writing on a District form. The form shall request sufficient information to determine whether the leave qualifies as an FMLA leave.

The request for FMLA leave shall be made thirty (30) days in advance when the need for leave is foreseeable. If it is not practical under the circumstances to provide such advance notice, notice shall be given as soon as practical (but in any event within two working days after the need for leave is discovered).

Medical certification forms shall be required whenever allowed or authorized by provision of the FMLA.

Employees shall be required to provide a fitness-for-duty certificate upon returning from an FMLA leave when the leave was taken because of the employee's own serious health condition, except where such a requirement would be in violation of a collective bargaining agreement or law.

Seniority shall accrue for all purposes during FMLA leaves, and credit shall be given during FMLA leaves for accruals for other leaves.

For purposes of determining whether an eligible employee under the FMLA has exhausted the twelve (12) weeks of leave in any twelve-month period, the District shall utilize a rolling twelve-month period measured backwards from the date leave is used unless otherwise expressly prohibited by any applicable collective bargaining agreement or other group or individual employee contract.

An employee will be denied intermittent leave or leave on a reduced leave schedule to care for an immediate family member (spouse, child, parent) with a serious health condition, or if the employee has a serious health condition when:

1. The employee fails to establish, through medical certification, that there is a medical need for such a leave (as distinguished from voluntary treatments and procedures).
2. The employee has failed to establish, through medical certification, that it is medically necessary for the leave to be taken intermittently on a reduced leave schedule.

Eligibility for an FMLA leave shall be based entirely on the eligibility criteria established by the FMLA. This policy shall not be construed to expand eligibility for an FMLA leave beyond what is allowed by the law.

To the extent not otherwise expressly prohibited by any applicable collective bargaining agreement or other group or individual employee contract, the FMLA leave will run concurrently with any other leave entitlements the employee may have.