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North Sanpete School District
Statement of .............

Board Policy with Guidelines

Policy Number:  IV-75
Effective Date:  04/08/2008
Revised Date:  02/10/2009
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Subject:  Family Medical Leave Policy 

EMPLOYEE RIGHTS

Family Medical Leave Policy
This policy is adopted in conformance with the Family and medical Leave Act, 29 U.S.C. §2601 and implementing regulations located at 29 C.F.R., §825 et seq. and coordinates with all other district policies related to family leave, sick leave, bereavement leave, pregnancy leave and/or disability leave.

Definitions

  1. An "eligible employee" means any classified employee of the District who has been employed for at least 12 months by the district and worked at least 1,250 hours during the immediate 12-month period prior to any request for leave under this Policy, or any certified employee of the District who has been employed full-time for at least 12 months by the district. 29-CFR 825.110
  2. Employment Benefits
    1. The term "employment benefits" means all benefits provided by the district to its employees such as group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits and pension or retirement benefits.
  3. Health Care Provider
    1. The term "health care provider" means a licensed doctor of osteopathy or medicine.
  4. Parent
    1. The term "parent" means the natural or adoptive parent of a child or legal guardian who acts in the place of a parent.
  5. Son or Daughter
    1. The term "son or daughter" means a biological, adopted, or foster child, a stepchild, a legal ward, of a person who acts as parent. A child is: (a) less than 18 years of age; or (b) older than 18 years but incapable of self-care due to mental or physical disability.
  6. Spouse
    1. The term "spouse" means a legal husband or wife.
  7. Serious Health Condition
    1. The term "serious health condition" means an illness, injury, impairment, or physical or mental condition that requires:
      1. periods of inability to work of more than three (3) consecutive calendar days that also involves treatment two or more times by a health care provider or at least one time which results in a regimen of continuing treatment;
      2. any period of incapacity due to pregnancy or prenatal care;
      3. any period of incapacity or treatment due to a chronic serious health condition which:
        1. requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;
        2. continues over an extended period of time (including recurring episodes of a single underlying condition);
        3. and may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.);
      4. a period of incapacity which is permanent or long-term due to a serious health condition for which treatment may not be effective, such as Alzheimer's disease, severe stroke, or terminal stages of a disease; or
      5. any period of absence to receive multiple treatments by a health care provider for restorative surgery or for treatment leading to incapacity for more than three (3) consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy), or kidney disease (dialysis).

Eligibility
An eligible employee is entitled to a total of 12 work weeks of leave without pay during any 12-month period in the event of any of the following:

  1. the birth of a son or daughter of the employee and to care for that newborn son or daughter;
    1. an expectant mother may take FMLA leave before the birth of the child for prenatal care or if her condition makes her unable to work.
  2. the placement of a son or daughter with the employee for adoption or foster care;
    1. a father, as well as a mother, can take family leave for the birth, placement for adoption or foster care of a child.
  3. a spouse, son, daughter or parent who has a serious health condition; or
  4. the employee suffers from a serious health condition that makes the employee unable to perform the essential functions of that employee's position.

29 CFR 825.112
29 CFR 825.200

Concurrent Leave
The Board hereby designates all paid or unpaid leave for any reason to be counted as part of and included in the Family Medical Leave so that an employee shall be entitled to no more than twelve (12) weeks of Family Medical Leave and other types of leave taken together.

The District hereby requires the employee to use all sick leave, any accrued vacation leave, personal leave, or family leave of the employee as part of any part of the 12-week period of any leave under this policy.

Nothing shall require the district to provide paid sick leave, vacation leave, annual leave, or other type of paid leave in any situation where it is not other wise provided under District policy.

Foreseeable Leave
An employee shall make a reasonable effort to:

  1. provide the District with at least 30 days prior written notice of any anticipated leave under this policy whenever the leave is unforeseeable; and
  2. schedule treatment so as not to unduly disrupt the operations of the District.

29 CFR 825.302

Spouses of Employees Employed by the District
In any case where both husband and wife are employees of the District and both seek leave under this policy, such leave shall be limited to an aggregate of 12-work weeks during any 12-month period if:

  1. Leave is sought to care for a newborn daughter or son or the adoption of a daughter or son; or
  2. Leave is sought to care for a sick parent.     

29 CFR 825.202

Require Medical Certification
All leave under this policy must be supported by a certification issued by a health care provider.

  1. The Board hereby designates all qualifying leave as Family Medical leave.
  2. The medical certification shall be provided at least fifteen (15) days after leave is requested or when the employee begins unforeseeable leave.
  3. A certification is sufficient if it states;
    1. The date on which the serious health condition commenced.
    2. The probable duration of the condition.
    3. If additional treatments will be required for the condition, an estimate of the probable number of such treatments.
    4. Which part of the definition of "serious health condition", if any, applies to the patient's condition, and the medical facts, which support the certification, including a brief statement as to how the medical facts meet the criteria of the definition.
    5. If medical leave is required for the employee's absence from work because of the employee's own condition (including absences due to pregnancy or a chronic condition), whether the employee:
      1. Is unable to perform work of any kind;
      2. Is unable to perform any one or more of the essential functions of the employee's position, including a statement of the essential functions the employee is unable to perform, based on either information provided on a statement from the employer of the essential functions of the position or, if not provided, discussion with the employee about the employee's job functions; or
      3. Must be absent from work for treatment.
    6. A statement that the serious medical condition prevents the employee from performing the tasks of the position or that requires the employee to attend and care for a son, daughter, spouse, or parent.

29 CFR 825.202

Other Provisions

  1. An employee who takes leave in conformance with this policy is entitled to:
    1. be restored to the position held by the employee prior to leave; or
    2. be provided an equivalent position in terms of benefits, pay and responsibilities.
  2. No benefit accrued prior to taking leave shall be lost as a result of taking leave under this policy.
  3. The employee shall not accrue any seniority or employment benefits during any period of leave.
  4. The District may deny restoration of employment or an equivalent position if:
    1. the denial is necessary to prevent substantial and grievous economic injury to the operations of the District;
    2. The District notifies the employee that it intends to deny restoration when it determines that injury would occur;
    3. The employee elects not to return to employment after receiving notice; and
    4. The employee is among the highest paid 10% of employees of the District.
  5. If an employee fails to return to work after leave expires for reasons other than continuation, recurrence, or onset of a serious health condition of the employee, son, daughter, or spouse, then the District may recover the premium paid for maintaining coverage for the employee during the leave period.

29 CFR 825.215

Rules Applicable Near End of School Year (29 CFR 825.602)
If the employee begins leave more than five (5) weeks prior to the end of the semester, the employer may require the employee to continue taking unpaid leave until the end of the term if:

  1. The leave requested is of at least three (3) weeks; and
  2. The employee would return to work during the three-week period before the end of the term.

If the employee begins leave for a purpose other than the employee's own serious health condition during the five (5) weeks period before the end of the term, the employer may require the employee to continue taking leave until the end of the term if:

  1. The leave will last more than two weeks; and
  2. The employee would return to work during the two- week period before the end of the term.

If the employee begins leave for a purpose other than the employee's own serious health condition during the three-week period before the end of a term, and the leave will last more than five working days; the employer may require the employee to continue taking leave until the end of the term.

The District shall post in a conspicuous place on school premises a notice of rights under this policy [This notice must be approved by the Secretary of Labor, See Policy Exhibit 1].

Policy Exhibit #1

Your Rights Under the Family and Medical leave Act of 1993

FMLA requires covered employers to provide up to 12 weeks of unpaid, job protected leave to "eligible" employees for certain family and medical reasons.  Employees are eligible if they have worked for a covered employer for at least one year, and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles.

Reasons for taking Leave
Unpaid leave must be granted for any of the following reasons:

  1. to care for the employee's child after birth, or placement for adoption or foster care;
  2. to care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or
  3. for a serious health condition that makes the employee unable to perform the employee's job.

At the employee's or employer's option, certain kinds of paid leave may be substitute for unpaid leave.

Advance Notice and Medical Certification
The employee may be required to provide advance leave notice and medical certification.  Taking of leave may be denied if requirements are not met.

The employee ordinarily must provide 30 days advance notice when the leave is "foreseeable".

An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer's expense) and a fitness for duty report to return to work.

Job Benefits and Protection
For the duration of FMLA leave, the employer must maintain the employee's health coverage under any "group health plan".  Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave.

Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:

  1. interfere with, restrain, or deny the exercise of any right provided under FMLA;
  2. discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

Enforcement

  1. The U.S. Department of Labor is authorized to investigate and resolve complaints of violations.
  2. An eligible employee may bring a civil action against an employer for violations.

FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.

For Additional Information:
Contact the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, Department of Labor.

U.S. Department of Labor, Employment Standards Administration
WH Publication 1420, Wage and hour Division
Washington, D.C. 20210