Policy 5:185

Personnel

Family and Medical Leave Act of 1993 (FMLA)

Under this Act, an eligible employee is entitled to twelve (12) work weeks unpaid family/medical leave during any rolling twelve-month period in the event of the birth, adoption or placement in foster care of a child or due to a serious medical condition of the employee or the employee’s spouse, child or parent (in-laws are excluded).  In the event of birth, adoption or placement in foster care, time off must begin and end within a twelve-month period starting with the birth, adoption or placement in foster care.  Employees are expected to provide at least thirty (30) days advance notice of the need to take FMLA leave of absence unless waived by the administration.

Serious health condition is defined as an illness, injury, impairment of physical or mental condition that requires inpatient care in a hospital, hospice or residential medical care facility or requires continuing treatment by a health care provider.

An employee on FMLA leave is entitled to have health benefits maintained while on leave as if the employee had continued to work instead of taking leave.  Where employees are required to pay part or all of premium payments prior to leave, he/she shall continue to pay such premiums during the leave period.

Medical certification from the health care provider must be submitted with all leave requests to include the date the serious health condition began, the probable duration of the condition, appropriate medical facts regarding the condition, a statement that the employee is needed to care for the family member and an estimate of the amount of care time required (if leave is not for the self); OR in the case of employee illness a statement that the employee is unable to perform the functions of his/her job; if intermittent leave is needed for planned medical treatment a statement of dates on which treatment is expected to be given and the duration of such treatment.

Employees will be returned to the same position or an equivalent position with equivalent pay, benefits and working conditions at the conclusion of the leave.  In circumstances where intermittent leave, reduced schedule leave or job accommodation is appropriate, a temporary assignment to an available alternate position may be consistent with federal and State law.

Employees are expected to return to work on the date indicated in the original request for leaves.  It is recommended that an employee contact their supervisor one week prior to their rescheduled return date for confirmation purposes.  Employees who are on medical leave because of their own serious health condition must have a signed release from the certifying physician indicating the date on which the employee may return to work; this release must include any work restrictions recommended by the physician.  The District reserves the right to evaluate or limit the employee’s return based on the employee’s medical restrictions, job functions and/or the results of a fitness-for-duty examination.

Because each FMLA leave request is decided on the particular facts of each case, specific information concerning an employee’s right to leave, requirements for medical certification of serious health conditions, and employee liability for payment of health benefit premiums of those employees failing to return to work following leave without good cause should be obtained from the District’s Business Office.  Further, information concerning the Act’s provisions, entitlement and FMLA Fact Sheet (as published by the U.S. Department of Labor Wages and Hour Division) will be posted in each educational facility in accordance with law.

Adopted: November 10, 1997