- Notification and Reporting
When the need for a family and medical leave of absence ("FMLA leave") is foreseeable, the employee must provide at least thirty (30) days prior notice to the Office of Human Resources unless circumstances dictate otherwise. If the requested FMLA leave is because of a military-related qualifying exigency and the leave is foreseeable, the employee shall provide reasonable and practicable notice to the District. With respect to foreseeable medical treatments of an employee or an employee's family member, the employee must make a reasonable effort to schedule treatment so as not to disrupt District operations.
If the need for FMLA leave is unforeseeable, the employee shall provide notice to the District of the need for leave as soon as practicable under the circumstances.
If an employee's requested FMLA leave also constitutes paid leave under another Board policy and/or negotiated agreement, the FMLA leave and other applicable leave shall run concurrently.
An employee on family and medical leave may be required to report every thirty (30) days to the Office of Human Resources on their status and intent to return to work.
- Certification
The District will require medical certification to support a claim for leave for an employee's own serious health condition; to care for a child, spouse, or parent with a serious health condition; or to care for a covered servicemember's serious injury or illness. The certification shall include, but not be limited to, the date on which the condition commenced, the probable duration of the condition, and the appropriate medical facts which support the serious health condition.
For an employee's own serious health condition, the certification also must include a statement that the employee is unable to perform the essential functions of the position.
In its discretion and in accordance with the FMLA, the District may require a second medical opinion at its own expense and periodic recertification. If the first and second opinions differ, the District at its own expense may obtain a binding opinion of a third health care provider approved jointly by the District and the employee.
If the requested FMLA leave is because of a military-related qualifying exigency, the District may require the employee to provide supporting documentation of such exigency.
The District may also require the employee to provide certification of the familial relationship if the request for FMLA leave is to care for a family member with a serious health condition, to care for a covered servicemember with a serious injury or illness, or in connection with a military-related qualifying exigency.
For leaves due to the medical condition of a child, spouse, or parent, the medical certification must specify that the employee is needed to care for the family member and an estimate of the amount of time the employee is needed to provide care.
- Intermittent or Reduced Leave
If medically necessary for a serious health condition of the employee or the employee's spouse, child or parent, or to care for a covered servicemember with a serious injury or illness, leave may be taken on an intermittent or reduced basis. Intermittent absences granted under this policy will apply to the twelve (12) week total allowed by law.
Appropriate medical documentation will be required for the intermittent FMLA leave in the same manner as an extended FMLA leave. Certification for intermittent leave must indicate the dates on which treatment is expected to be given and the duration of the treatment. For an employee's own intermittent leave, the certification must contain a statement indicating the medical necessity of the intermittent treatment and its expected duration. When caring for a family member, the certification must include a statement that the employee's intermittent leave is necessary to care for the family member as well as the expected schedule and duration of treatment.
For FMLA leave involving instructional employees, the District and instructional employee may pursue alternative positions that may accommodate intermittent leave. Instructional employees are those whose principal function is to teach and instruct students in a class, a small group, or an individual setting.
- Procedure for Requesting FMLA Leave
An employee requesting an FMLA leave under this policy must complete a Request for Family and Medical Leave of Absence form available through the Time and Absences tile in the Oracle system. Employees with questions about this policy or the FMLA leave process may contact the District Benefits Office for assistance.
The leave form should be completed in detail by the employee, and submitted online and must include a copy of the physician's statement verifying the reasons and dates for the leave. If applicable, documentation confirming adoption or foster care is also required. If possible, the form should be submitted thirty (30) days in advance of the effective date of the leave.
If possible, the form should be submitted thirty (30) days in advance of the effective date of the leave.
In all cases of FMLA leave under this policy and regulation, the District reserves the right to request additional medical opinions at the District's expense. All medical information provided to the District through this process shall be treated as confidential.
Failure to provide notification and appropriate medical documentation in a timely manner may result in delayed approval or denial of the leave. Continued absence after denial of leave may result in disciplinary action, up to and including termination from employment.
- Reinstatement
An employee who returns to work from a family and medical leave is entitled to be reinstated to the same or an equivalent position with the same compensation and benefits.
Because the beginning and/or end of the semester is a critical time for both instructional employees and students, the following conditions will apply to requests from instructional employees seeking to return from a family and medical leave:
- If the instructional employee begins any category of FMLA leave more than five (5) weeks prior to the end of the semester and the leave is for more than three (3) weeks, the District may require the instructional employee seeking to return within the last three (3) weeks to continue the leave through the end of the semester.
- If the instructional employee begins any category of FMLA leave except for the instructional employee's own serious health condition less than five (5) weeks before the end of the semester and the period of leave is greater than two (2) weeks, the District may require the instructional employee seeking to return within the last two (2) weeks to continue leave through the end of the semester.
- If the instructional employee begins any category of FMLA leave except for the instructional employee's own serious health condition three (3) or fewer weeks before the end of the semester and the period of leave is greater than five (5) working days, the District may require the instruction employee to continue the leave through the end of the semester.
Prior to their return to work, employees who have taken leave due to their own serious health condition shall provide certification by their health care provider that the employee is able to resume work and perform the essential functions of the job.
- Repayment of Benefits
An employee who is covered under the District health care plan and is on FMLA leave will retain that coverage in the same manner as if the employee were not on leave. If the employee has accrued leave, which must be taken concurrently with FMLA leave approved under this policy, the appropriate deductions for the employee's share of the payment will be deducted from any paycheck the employee receives. Once any applicable accrued leave has been depleted, the employee will be responsible for payment of any portion of the health plan premium for which the employee is responsible and will be billed for the premiums. Once FMLA leave expires, the employee's health care coverage will terminate and they may continue their coverage through the Consolidated Omnibus Budget Reconciliation Act ("COBRA"), if applicable.
As with other types of unpaid leave, the employee will not accrue any employee benefits during the period of the unpaid leave; therefore, while on unpaid leave, employees are not entitled to accrue sick leave, general leave, vacation leave, or longevity service credit. Benefit entitlements based upon length of service will be calculated as of the last paid workday prior to the start of the unpaid leave of absence.
In the event that an employee elects not to return to work upon completion of an approved unpaid leave of absence, the District may recover from the employee the cost of any payments made to maintain the employee's group health insurance coverage unless the failure to return to work was due to a continuation, recurrence, or onset of a serious health condition as certified by a health care provider that entitles the employee to leave or for other reasons beyond the employee's control.
- Posting/Notice to Employees
Building administrators will post notices explaining the Family and Medical Leave Act's provision in locations where they can be readily seen by employees and applicants for employment.
Originally approved by Superintendent Monte C. Moses, March 10, 2003.
Last Revision: March 10, 2003
Current Revision: December 12, 2022
Adoption Date: March 10, 2003
Last Revised: December 12, 2022
