S E C T I O N     4 0 0 :      L E A V E

Orig Date: 08/06/98

Last Rev:   

 

400.600 Leave - Family and Medical Leave Act

400.610 Purpose

To set forth the District’s policy for providing leaves of absence, including pregnancy leave, to eligible employees in accordance with the federal Family and Medical Leave Act of 1993.

 

400.620 Policy

It is the policy of the District to provide eligible employees with an unpaid leave of absence from work in the following circumstances:

      The birth of a child and in order to care for and bond with such child.

      For placement with the employee of a son or daughter for adoption or foster care and to care for and bond with the child after placement.

      To care for a child, spouse, or parent who has a serious health condition.

      Because of the employee’s own serious health condition which renders the employee unable to perform the functions of his or her position.

 

400.630 Procedure

      1.   Eligible Employees.  To be eligible for a leave under the Family and Medical Leave Act, an employee must have been employed by the District for at least twelve (12) months at the time the leave is requested (these twelve months need not have been consecutive) and have completed at least 1,250 hours of service with the District during the twelve-month period preceding the leave request.

      2.   Leave Entitlement.  Eligible employees are entitled to a total of twelve (12) workweeks of leave during any twelve-month period for one or more of the following:

                  The birth of a child and in order to care for and bond with such child.

                  For placement with the employee of a son or daughter for adoption or foster care and to care for and bond with the child after placement.

                  To care for a child, spouse, or parent with a serious health condition.

                  Because of the employee’s own serious health condition which renders the employee unable to perform the functions of his or her position.

      3.   Leave Duration.  Leaves may be taken for up to twelve (12) workweeks during a “rolling” twelve-month period which is measured backward from the date an employee uses any Family and Medical Leave Act leave.  Where two spouses are both employed by the District, their aggregate leave will be limited to twelve (12) workweeks during any twelve-month period, except in the case of their own serious health condition or to care for their spouse or child, in which case both spouses will be eligible for the twelve (12) weeks of leave during the twelve-month period.

      4.   Leave Requests: Employee Notice Requirements.  Eligible employees requesting leave must provide at least thirty (30) days advance notice before leave is to begin, or if the need for leave is unanticipated, as much advance notice as practicable; normally, notice must be given within one or two business days of when the need for the leave becomes known.  For an employee’s own serious health condition or that of a family member, an employee on leave must notify the District every thirty (30) days of the status of the condition and intent to return to work.  Employees must, where feasible, provide the District reasonable notice of their intent to return to work.  In all cases, when a decision is made by the employee not to return to work, the employee must notify the District immediately.

            The written request for leave is to be submitted to the Director and supervisor.  Employees will receive written notification of leave status and requirements from the Human Resource Manager.  (see Exhibit B)

      5.   Leave Conditions.

            a.   Birth of a child; adoption; to care for foster child.  Leave for such purposes must be taken in consecutive workweeks and must be completed within the twelve (12)-month period following the birth of the child or placement of the child with the employee for adoption or foster care.

                  At the discretion of the District, leave for these purposes may be permitted to be taken by the employee on an “intermittent basis,” or alternatively, the employee may be permitted to work on a reduced-leave schedule (i.e., a reduced workweek or reduced workdays).

                  Employees requesting leave for one of these purposes must provide the District with thirty (30) days’ advance notice of leave, except that if the birth or placement requires leave to begin in less than thirty (30) days, employees should provide as much advance notice as is practicable.

            b.   Leave to care for a child, spouse, parent, or for the employee’s own serious health condition.  Employees may take leave for these purposes on a consecutive basis or intermittently, or the employee may request to be placed on a reduced workweek or reduced workdays.

                  If an employee requests an intermittent or a reduced-leave schedule that is foreseeable based on planned medical treatment, the District may require the employee to transfer temporarily to an available alternative position, for which the employee is qualified, to better accommodate the recurring periods of leave that the employee will require.  Employees transferred in such circumstances will receive equivalent pay and benefits.

                  Employees requesting leaves for these purposes must make a reasonable effort to schedule the treatment, either for themselves or for their child, spouse, or parent, so as not to disrupt unduly the District’s operations.  In this connection, the employee should endeavor to secure the approval of his or her own or covered family member’s health care provider to reasonably schedule the treatment to avoid such disruption.

                  Employees requesting leave for these purposes must provide thirty days’ advance notice of leave, or if treatment is required in less than thirty days, as much advance notice as practicable.

      6.   Certification Requirements.  The District requires certification from a health care provider substantiating the employee’s leave request.  Anytime an employee expects to be or is absent for more than five (5) consecutive work days as the result of his or her own serious health condition (including pregnancy), the employee will be required to submit a medical certification.  Certification requirements differ according to whether the leave is for the employee’s own serious health condition or that of a covered family member.  The District’s medical certification form fully explains what information is required.  When an employee foresees the need for leave and has provided at least thirty (30) days notice, the District will request certification before the leave begins.  The employee must provide certification within fifteen (15) calendar days of the District’s request.  Failure to provide certification on a timely basis may delay the leave.  (see Exhibit A)

            The District may require a second, and in some cases a third, medical opinion, at the District’s expense, depending upon the circumstances.  During the course of the leave, the District may under certain circumstances require additional medical recertification every thirty (30) days.  In addition, if the circumstances giving rise to the need for leave have changed significantly, or if the District has reason to doubt the validity of the stated reason for the absence, the District reserves the right to request recertification at any time.

            Where the leave is for the employee’s own serious health condition, the District will require medical clearance indicating that the employee can return to work and perform the essential functions of his or her position, with or without reasonable accommodation.  The District will consider making a reasonable accommodation for any disability an employee may have where required by law.  Medical certification will also be required for any employee who claims he or she is unable to return to work at the scheduled conclusion of a leave or who requests a leave extension.

      7.   Use of accrued leave time.

            a.   Employees will be required to use all accrued unused paid vacation or personal leave in the event of a leave for the birth or placement of a child for adoption or foster care.  The employee may also elect to use accrued sick leave under these circumstances.

            b.   Employees will be required to use all accrued unused paid vacation, personal leave, or sick leave for leaves for the employee’s or covered family member’s serious health condition.

            c.   For leaves for the employee’s own serious health condition, employees may also be eligible to receive statutory benefits such as workers’ compensation in accordance with state law and the terms of each benefit plan.

      8.   Reinstatement after leave.  Eligible employees taking leave under this policy will be reinstated to their former position, or to an equivalent position with equivalent benefits and other terms and conditions of employment.  However, no employee is entitled under this policy to any right, benefit, or position other than that to which the employee would have been entitled had he or she not taken leave.  Thus, for example, if a layoff or some other extenuating circumstance or business condition arises which affects the employee’s position, reinstatement may not be possible.

            The District also reserves the right, however, to deny leave reinstatement to key employees, where such denial is necessary to prevent substantial and grievous economic injury to the District’s operations.

            Key employees will be notified in writing of the District’s intention to deny reinstatement as soon as a determination is made that such injury would occur.

            Key employees notified while on leave, and who decide not to return to work, will remain on leave for the balance of the leave period and then be terminated.

            Key employees are defined as a salaried Family and Medical Leave Act eligible employee who is among the highest-paid 10 percent of all employees employed by the District within seventy-five miles of the facility at which the employee is employed.

      9.   Periodic notification during leave.  Employees will be required every thirty (30) days, while on leave to contact the Director to report on their status and intentions to return to work at the end of their leave period.

    10.   Benefit continuation during leave.  The employee’s group health and life insurance will be maintained by the District while an employee is on leave.  Employee’s share of benefit premiums for group health and life insurance will be remitted to the District on the first of each month.  The District will remit to insurance companies.  If the employee has exhausted Family and Medical Leave and extends their leave without pay, the Director  will contact the employee and review available options for continuation of benefits.

            Benefits that operate on an accrual basis (e.g., vacation, sick leave, and personal leave) will not accrue during a leave under this policy.  Nor will an employee on leave accrue seniority or service time for the employee’s eligibility for performance review, salary review or adjustment.  Employee’s anniversary date will be adjusted by the length of the leave.

            Note:            Employees who do not return from leave of absence will be responsible for all group health and lift insurance premiums while the employee was on leave.

            An employee’s eligibility for qualified benefits (e.g., retirement or deferred compensation) will be governed by the terms of each respective benefit plan.

    11.   Extended leaves of absence without pay.  Employees may request additional leave of absence, up to a maximum of twelve (12) months, when Family and Medical Leave is exhausted.  (See Leave of Absence Policy 400.500.)

 

400.640 Definitions

For purposes of this policy, the following definitions apply:

      1.   Child: Will include a biological, adopted, foster child, stepchild, legal ward, or a child of an employee standing in loco parentis (i.e., in place of a parent), who is under 18 or older than 18 if incapable of self-care because of a mental or physical disability.

      2.   Parent: Biological parent or individual who stands or stood in loco parentis to an employee when the employee was a child.  This definition does not include parents-in-law.

      3.   Serious health condition: An illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility, or continuing treatment by a health care provider (i.e., doctors of medicine or osteopathy who are licensed to practice medicine or surgery by the state in which they practice).

      4.   Rolling 12-month period: Each time an employee takes Family and Medical Leave Act leave, the remaining leave entitlement would be any balance of the twelve (12) weeks which has not been used during the immediately preceding twelve (12) months.