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Series Regulations - Regulations | |
FAMILY AND MEDICAL LEAVE ACT Policy # 6551R |
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The Family and Medical Leave Act of 1993 (FMLA) requires public agencies to provide up to twelve (12) weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons. Employees are "eligible" if they have been employed by the District for at least twelve (12) months and for at least 1,250 hours of service during the previous twelve-month period. Full-time teachers are deemed to meet the 1,250 hour test. The law covers both full-time and part-time employees.
The District will compute the twelve-month period according to the following time frame: a "rolling" twelve-month period will be used that is measured backward from the date an employee uses any FMLA leave.
Reasons for Taking Leave
An employer must grant unpaid leave to an eligible employee for one (1) or more of the following reasons:
1) For the care of the employee's child (birth, or placement for adoption or foster care);
2) For the care of the employee's spouse, son or daughter,or parent/guardian, who has a serious health condition; or,
3) For a serious health condition that makes the employee unable to perform their job;
4) Because of "any qualifying exigency" (such term to be defined by regulations issued by the Secretary of Labor) arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, insupport of a contingency operation. In the interim, the Department of Labor is encouraging employers to provide this type of leave to qualifying employees.
Service Member Family Leave
An eligible employee who is the spouse, son, daughter, parent, or next of kin (defined as the nearest blood relative of that individual) of a covered service member who is recovering from a serious illness or injury sustained in the line of duty while on active duty is entitled to up to 26 weeks of leave in a single 12-month period to care for the service member. This military caregiver leave is available during a single 12-month period during which an eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave.
The term "covered service member" means a member of the Armed Forces, including a member of the National Guard or Reserves.Substitution of Paid Leave
At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave.
Notice for Leave Due to Active Duty of Family Member
In any case in which the necessity for leave due to any qualifying exigency is foreseeable, whether because the spouse, or a son, daughter, or parent of the employee is on active duty, or because of notification of an impending call or order to active duty in support of a contingency operation, the employee shall provide such notice to the employer as is reasonable and practicable.
Advance Notice and Medical Certification
The employee may be required to provide advance leave notice and medical certification.
1) The employee ordinarily must provide thirty (30) days advance notice when the leave is
"foreseeable."
2) An employer may require medical certification to support a request for leave because of a serious health condition.
3) An employer may reinitiate the medical certification process with the first absence in a new
12-month leave year.
4) An employer may also require medical certification if the employee is unable to return from leave because of a serious health condition.
Intermittent or Reduced Leave
1) An employee may take intermittent leave or may work a reduced leave schedule to reduce the usual number of hours per day or work week.
2) Intermittent or reduced leave schedules are subject to employer approval unless medically necessary.
Job and Benefits Protection
1) Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Employers may deny restoration to certain highly compensated employees, but only if necessary to avoid substantial and grievous economic injury to the employer's operation.
2) 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.
3) The use of unpaid FMLA leave cannot affect the exempt status of bona fide executive, administrative and professional employees under the Fair Labor Standards Act.
Medical Insurance Coverage
1) For the duration of FMLA leave, the employer must maintain the employee's medical insurance coverage under any "group health plan," under the conditions coverage would have been provided if the employee had continued working.
2) In some cases, the employer may recover premiums paid for maintaining an employee'shealth coverage if the employee fails to return to work from FMLA 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;and,
3) Discharge or discriminate against any person because of involvement in any proceeding under or related to FMLA.
Miscellaneous Provisions
1) Special rules apply to employees of local education agencies.
Regulations - Regulations |