- Serious health condition--An illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the essential functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three (3) consecutive calendar days combined with at least two (2) visits to a health care provider or one (1) visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
- Covered Servicemember--
- A current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in outpatient status or on the temporary disability retired list for a serious injury or illness; or
- A covered veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness who was discharged or released under conditions other than dishonorable at any time during the five (5) year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran.
- Qualified Family Member--The employee's spouse, son, >IV. Permitted Reasons for FMLA Leave
Under this policy, leave may be taken upon the birth and for the first year care of the employee's child; upon the placement of a child with the employee for adoption or foster care; when the employee is needed to care for a child, spouse, or parent who has a serious health condition; or when the employee is unable to perform the essential functions of the position because of a serious health condition; or any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is on covered active duty in the Armed Forces or has been notified of an impending call or order to covered active duty in the Armed Forces. Covered active duty is defined as duty during deployment of the military member to a foreign country. Qualifying exigencies may include attending certain military events, arranging for alternative child care, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
Entitlement for child care leave shall end after the child reaches age one (1) or twelve (12) months after adoption or foster placement. Leave to care for a child shall include leave for a step-parent or person in loco parentis.
Spouses who are both employed by the District shall be entitled to a total of 12 weeks of leave (rather than 12 weeks each) for the birth or adoption of a child, for a family member with a serious health condition, or any qualifying exigency arising out of the fact that the employee's spouse, child, or parent is on covered active duty in the Armed Forces or has been notified of an impending call or order to covered active duty.
An eligible employee who is a spouse, son, daughter, parent, or next of kin of a covered servicemember with a serious injury or illness incurred or aggravated in the line of active duty shall be entitled to a total of twenty-six (26) weeks of leave during a single twelve (12)-month period to care for the covered servicemember.
The single twelve (12) month period shall begin on the first day the employee takes leave for this reason and shall end 12 months later. During that twelve (12) month period, the eligible employee is entitled to a combined total of twenty-six (26) weeks of leave under this policy. Only twelve (12) weeks of the twenty-six (26) week total may be for a FMLA-qualifying reason other than to care for a covered servicemember.
V. Intermittent or Reduced FMLA Leave If medically necessary for a serious health condition of the employee or the employee's spouse, child or parent, leave may be taken on an intermittent or reduced leave schedule subject to certain conditions which pertain to instructional employees. The District may require the employee to transfer temporarily to an alternative position which better accommodates recurring periods of absence or a part-time schedule provided that the position has equivalent pay and benefits. Teachers requesting intermittent or reduced leave involving greater than twenty (20) percent of their working time during such period may, in the alternative, be required to take leave continuously for all or a specified part of the total period involved. VI. Health Insurance and Benefits The District shall maintain coverage under any group heath insurance plan for any employee who is granted an approved leave of absence under this policy for the duration of the leave (up to twelve (12) weeks). Such coverage shall be maintained at the same level and under the same conditions as coverage would have been provided if the employee were not on leave. The District reserves the right to seek reimbursement for this benefit in the event that an employee elects not to return to work, as allowed by law. VII. The District's Responsibilities The District must inform employees requesting leave whether they are considered eligible under FMLA. For eligible employees, the notice must specify any additional information required by the employer and describe the employee's rights and responsibilities when requesting FMLA leave. The District must inform eligible employees within five (5) business days of the leave request whether the requested leave is FMLA-protected and the amount of leave to be counted against the employee's leave entitlement, if known. If an employee is considered ineligible, the District must provide the reason. VIII. Unlawful Acts It is unlawful for the District to interfere with, restrain, or deny the exercise of any right provided under FMLA or 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. IX. Enforcement An employee may file a complaint with the U.S. Department of Labor or bring a private lawsuit against the District. All provisions of this policy shall prevail except as modified by an applicable negotiated agreement so long as the negotiated agreement meets the minimum requirements of the FMLA. The FMLA does not supersede negotiated agreements affording more than its minimum protections. Originally approved by Superintendent Monte C. Moses, March 10, 2003. Last Revision: March 10, 2003 Current Revision: December 12, 2022| Legal References: | 29 U.S.C. ยง 2601 et seq. (Family and Medical Leave Act) |
| 29 C.F.R. Part 825 (Regulations) | |