Sterling Community Unit School District #5
5.185 Personnel
General Personnel - Family and Medical Leave
General Requirements For Family and Medical Leave ("FMLA Leave")
- Eligibility for Leave, Duration, and Purpose of Leave
Pursuant to the Family and Medical Leave Act ( the "FMLA"), any employee who has been employed by the Board of Education for at least 12 months and is either a full-time instructional employee or has worked at least 1,250 hours during the preceding 12 months shall be entitled to an unpaid leave of absence of up to 12 work weeks during a 12-month period for the following purposes:
(a) the birth of a child and to care for the newborn child, provided the leave is taken no later than 12 months after the birth of the child;
(b) the placement of a child with the employee for adoption or foster care, provided the leave is taken no later than 12 months after the placement of the child;
(c) because the employee is needed to care for the employee's spouse, child, or parent with a serious health condition; or
(d) the treatment of a serious health condition that makes the employee unable to perform the functions of the job.
- Calculation of 12-Month Period
The 12-month period for purposes of calculating FMLA leave shall be measured forward from the date an employee's first FMLA leave begins. An employee would be eligible to take up to 12 weeks (60 work days) FMLA leave in the 12-month period starting with the date of the employee's first FMLA leave.
- Intermittent or Reduced Schedule Leave
When medically necessary, FMLA leave may be taken on an intermittent or on a reduced schedule basis for an employee's own illness or injury or to care for a sick family member. FMLA leave may not be taken on such basis for the birth or adoption of a child or placement of a child in foster care unless approved by
the Board. If the request for intermittent leave or leave on a reduced schedule is foreseeable based upon planned medical treatment, the Board may require the employee to transfer temporarily to an available alternate position which better
accommodates recurring periods of leave.
- Health Insurance
During FMLA leave, the Board shall maintain group health insurance coverage under the same conditions that would have been provided if the employee was working. If an employee does not return to work after FMLA leave, the employee shall repay the cost of health insurance premiums paid by the Board unless the employee's failure to return is due to (a) the continuation, recurrence, or onset of a serious health condition which would entitle the employee to FMLA leave, or (b) other circumstances beyond the employee's control.
- Return to Work
Upon return from FMLA leave, the employee shall be placed in the same position the employee held when the leave commenced or an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. Nothing herein shall grant the employee greater rights to reinstatement, benefits, or conditions of employment than if the employee had been continuously employed. A key employee may be denied restoration to employment if it is necessary to prevent serious and grievous economic injury to the operations of the Board.
Combination With Other Leave
Any employee requesting FMLA leave may be required to first utilize any other applicable paid leave (e.g., sick leave) and/or vacation leave or personal leave prior to qualifying for FMLA leave. If such paid leave is less than 12 weeks, FMLA leave may
then be used to allow for a total leave (whether paid or unpaid) of 12 weeks duration. Use of FMLA leave shall not preclude the use of other applicable unpaid leave that would extend the employee's leave beyond the 12 weeks, provided use of FMLA leave shall not serve to extend such available unpaid leave.
Special Leave Rules For Instructional Employees
- Required Continuation of Leave
The Board may require an instructional employee to continue taking FMLA leave until the end of the semester if:
(a) the leave begins more than five weeks before the end of the semester, the leave will last at least three weeks, and the instructional employee would otherwise return to work during the last three weeks of the semester; or
(b) the leave (which is for a purpose other than the instructional employee's own serious health condition) begins during the last five weeks of the semester, the leave will last for more than two weeks and the instructional employee would
otherwise return to work during the last two weeks of the semester; or
(c) the leave (which is for a purpose other than the instructional employee's own serious health condition) begins during the last three weeks of the semester, and the leave lasts more than five working days.
- Reduced Schedule or Intermittent Lea
ve
If an instructional employee requests FMLA intermittent leave or leave on a reduced schedule that is foreseeable based on planned medical treatment that would cause such employee to be on leave for more than 20% of the total number of working days over the duration of the leave, the Board may require the employee to choose either to:
(a) take the leave for a period or periods of a particular duration, not greater than the duration of the planned treatment; or
(b) temporarily transfer to an available alternate position for which the employee is qualified, which has equivalent pay and benefits and which better accommodates recurring periods of leave.
Spouses Employed By Same Employer
If leave is taken by spouses who are both employed by the Board for birth or placement of a child for adoption or foster care, or to care for the employee's parent with a serious health condition, such leave is limited to a combined total of 12 work weeks. This limitation does not apply to leave taken by either spouse to care for serious health conditions of the other spouse, a child, or the employee's own health condition.
Administrative Procedures
The Superintendent is authorized to adopt administrative procedures, consistent with the FMLA, regarding the provisions of notice of leave, medical certification, distribution of FMLA information, and recordkeeping requirements and such other matters
necessary to implement the FMLA.
FMLA Controlling
In the event this policy or its procedures conflict with the FMLA, the FMLA shall control. To the extent that this policy or its procedures are silent on a matter covered by the FMLA, the FMLA and its implementing rules and regulations shall control.
LEGAL REF.: Family and Medical Leave Act, 29 U.S.C. §2601 et seq., 29 C.F.R. Part 825.
CROSS REF.: 5.180, 5.250, 5.330
Adopted: May 23, 1996
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