BOARD POLICY  4151.4

 

Family and Medical Leave

 

A.      Eligibility and Basis for Leave

 

In accordance with the Family and Medical Leave Act of 1993, Ironton City Schools employees who

have worked at least 1,250 actual hours in the past twelve (12) months shall be annually entitled to a maximum of twelve (12) weeks of unpaid sick leave for the following reasons:

 

1.        to care for a newborn son or daughter;

2.        for placement of a son or daughter with the employee for adoption or foster care;

3.        to care for a seriously ill spouse, child, or parent; or

4.        because of their own serious health condition.

 

     Entitlement to child care shall end upon the child reaching  (1) or twelve (12) months after the date of adoption or foster placement.

 

B.       Intermittent or Reduced Leave Schedule Basis

 

1.        A qualified employee shall not be eligible to use family and medical leave on an intermittent or reduced leave schedule basis for reasons 1 and 2 above, unless the employee and the Superintendent mutually agree otherwise.

 

2.        A qualified employee shall be eligible to use family and medical leave on an intermittent or reduced leave scheduled basis for reasons 3 and 4 above when medically necessary.  Medical certification may be required to substantiate the need for intermittent leave.

 

3.        When an employee uses family and medical leave on an intermittent or reduced leave schedule basis, the Superintendent may temporarily transfer the employee to an alternative position with equivalent pay and benefits which would better accommodate the recurring periods of leave and not disrupt the services provided to the public. Upon return from leave, the employee shall be restored to his/her former position or an equivalent position.

 

C.       Employee Benefits and Health Insurance

 

1.        Employees shall be restored to their former position or an equivalent position upon returning

to work.

 

2.        Health insurance benefits shall continue during the period of family and medical leave, not

to exceed a total of twelve (12) weeks each year.

 

3.        The Board shall continue to pay the Board’s share of the health insurance premium.  The

Board may recover any premiums paid if the employee fails to return to work, unless the failure was due to the continuance, reoccurrence or onset of a serious health condition or due to other circumstances beyond the employee’s control.

 

4.        Employees using family and medical leave shall not accrue seniority while on unpaid leave,

unless the employee is using paid leave.  Employees shall not lose any benefits acquired prior to the date on which leave began.

 

 

 

 

 

 

D.      Restrictions

 

1.        Spouses employed by the District shall only be eligible for a combined twelve (12) weeks for

the qualifying reason 1 and 2 above.  Leave used for a serious health condition of a spouse, child, parent, or employee shall not be limited to this twelve (12) week combined total.

 

2.        Employees may be required to use their accumulated paid leave prior to using unpaid leave, not to exceed a maximum combination of twelve (12) weeks.  (For example: 4 weeks of paid sick leave and 8 weeks of unpaid leave combination.)

 

E.       Medical Certification Requirements

 

Medical certification shall be required to substantiate leave for reasons A(3) and A(4) stated above with the Board having the option of requiring second and third opinions.  Medical Certification shall include the following:

 

1.        the date the condition began;

 

2.        the probable duration of the condition;

 

3.        appropriate medical facts regarding the condition and the necessity for the leave; and

 

4.        a statement that the bargaining unit member is unable to perform the essential functions of his/her position during this period of leave.

 

     Any documentation concerning employee medical information shall be kept separate from the employee’s personal file and shall remain confidential.

 

F.       Employee Responsibility

 

1.        Employees are required to give the Board at least a thirty (30) day notice, or as much notice as

in a foreseeable situation.

 

2.        When applying for family medical leave, an employee shall designate “family and medical

leave” on their leave application.  (Use form designated for family and medical leave.)

 

G.       The Board shall maintain records regarding employee usage of family and medical leave in compliance

with the Department of Labor’s restrictions.

 

H.      The effective date of the Family and Medical Leave Act for non-union employees is August 5, 1993. 

Employees governed by a collective bargaining agreement shall be entitled to the provisions of this

leave effective February 5, 1994 or upon the expiration of the collective bargaining agreement, whichever is earlier.

 

I.         The following restrictions apply to instructional employees only:

 

1. When an instructional employee requests intermittent or reduced leave for planned medical treatment for more than 20 percent of the total working days in the periods during which the leave would be used, the District may require the employee to elect either to:

 

a.        take leave for a particular duration of time which is not greater than the duration of the planned treatment, or

 

b.       be transferred to an alternative position which could better accommodate the recurring periods

of leave.

 

 

 

 

 

 

 

2. If an instructional employee applies to take leave under this section near the end of an academic

term, the following shall apply:

 

a.        If the employee begins leave more than five (5) weeks before the end of the term, and if the leave will last at least three weeks and the employee would otherwise return to work during

the three weeks before the end of the term, the Board may require the employee to continue taking leave until the end of the term.

 

b.       If an instructional employee takes leave for a reason other than the employee’s serious health

condition which commences during the five (5) weeks before the end of the term, and if the leave will last more than two (2) weeks and the employee would otherwise return to work the last two (2) weeks of the term, the Board may require the employee to continue taking leave until the end of the term.

 

J.        Restoration to any equivalent position upon return from family and medical leave will be based on

established Ironton City School Board Policies and the collective bargaining agreement.

 

K.      For the purpose of this article, the following definitions shall apply:

 

1. “Serious Health Condition” – an illness, injury, impairment, or physical or mental condition which

involves patient care of three (3) days or more in a hospital, hospice, or residential care facility; or continuing treatment of at least two (2) or more visits or supervision by a health care provider.

 

2. “Reduced Leave Schedule”- a leave schedule that reduces the usual number of hours per

workweek, or hours per workday, of a bargaining unit member.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name ___________________________________________ Date of Application __________________   Location ________________________________________   Department ___________________________

 

Type of Leave Requested   (check each that applies):

 

q       Medical *                     

q       Family *

q       Military

q       Educational

q       Other _________________________________________

 

Absence is to be (check each that applies):        

q       Unpaid

q       Fully paid

*A medical certification is required for medical/family leaves of absence.  The health care provider’s certification must include:   ·         The date the health condition began; ·         The expected duration of the condition; ·         Appropriate medical facts necessary to verify leave requests; ·         An estimate of the amount of time required to be off work; and ·         If for a family member’s serious condition, a statement that the employee is needed to care for that member.   Refer to the Family Leave of Absence Policy for further certification and reporting requirements.